NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
ONE HUNDRED-FOURTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Saturday, April 24, 1993
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Drew, Haugen, Niemi, Rinehart, Linda Smith, Vognild and West. On motion of Senator Oke, Senators Anderson and Linda Smith were excused. On motion of Senator Gaspard, Senators Rinehart and Drew were excused. On motion of Senator Loveland, Senator Vognild was excused.
The Sergeant at Arms Color Guard, consisting of Pages Sienna Harrington-Tweit and Frank Sadler, presented the Colors. Dr. Morris Belling of the Temple Beth Hatfiloh 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.
MESSAGES FROM THE HOUSE
April 23, 1993
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SENATE BILL NO. 5534,
ENGROSSED SENATE BILL NO. 5545,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5574,
SENATE BILL NO. 5584,
SENATE BILL NO. 5635, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 23, 1993
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5076, and the same is herewith transmitted.
ALAN THOMPSON, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5076,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304,
SENATE BILL NO. 5577.
REPORT OF CONFERENCE COMMITTEE
ESHB 1541 April 22, 1993
Includes "NEW ITEM": YES
Modifying emergency medical technician recertification
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541, EMT training, have had the same under consideration and we recommend that the following Conference Committee amendments be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.73.081 and 1990 c 269 s 24 are each amended to read as follows:
In addition to other duties prescribed by law, the secretary shall:
(1) Prescribe minimum requirements for:
(a) Ambulance, air ambulance, and aid vehicles and equipment;
(b) Ambulance and aid services; and
(c) Minimum emergency communication equipment;
(2) Adopt procedures for services that fail to perform in accordance with minimum requirements;
(3) Prescribe minimum standards for first responder and emergency medical technician training including:
(a) Adoption of curriculum and period of certification;
(b) Procedures for certification, recertification, decertification, or modification of certificates((: PROVIDED, That there shall be no practical examination for recertification if the applicant received a passing grade on the state written examination and completed a program of ongoing training and evaluation, approved in rule by the county medical program director and the secretary));
(c) Adoption of requirements for ongoing training and evaluation, as approved by the county medical program director, to include appropriate evaluation for individual knowledge and skills. The first responder, emergency medical technician, or emergency medical services provider agency may elect a program of continuing education and a written and practical examination instead of meeting the ongoing training and evaluation requirements;
(d) Procedures for reciprocity with other states or national certifying agencies;
(((d))) (e) Review and approval or disapproval of training programs; and
(((e))) (f) Adoption of standards for numbers and qualifications of instructional personnel required for first responder and emergency medical technician training programs;
(4) Prescribe minimum requirements for liability insurance to be carried by licensed services except that this requirement shall not apply to public bodies; and
(5) Certify emergency medical program directors."
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 18.73.081", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Talmadge, Erwin, Wojahn; Representatives Dellwo, Dyer, Orr.
MOTION
On motion of Senator Talmadge, the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1541.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1541, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1541, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 41.
Absent: Senators Haugen, Niemi and West - 3.
Excused: Senators Anderson, Drew, Rinehart, Smith, L. and Vognild - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541, as recommended by the Conference Committee, 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.
MOTIONS
On motion of Senator Loveland, Senators Hargrove and Talmadge were excused.
On motion of Senator Oke, Senator Amondson was excused.
STATEMENT FOR THE JOURNAL
Due to a conference committee meeting on House Bill No. 1512, I missed the vote on the following bills: Substitute House Bill No. 1069, as recommended by the Conference Committee; Substitute House Bill No. 1931, as recommended by the Conference Committee; Engrossed Substitute House Bill No. 2067, as recommended by the Conference Committee; Engrossed Substitute House Bill No. 1307, as recommended by the Conference Committee; Engrossed Substitute House Bill No. 2026, as recommended by the Conference Committee; and House Bill No. 2028, without certain Senate amendment(s).
I would have voted 'yes' on each.
SENATOR PHIL TALMADGE, 34th District
REPORT OF CONFERENCE COMMITTEE
SHB 1069 April 22, 1993
Includes "NEW ITEM": YES
Providing for seizure of property involved in a felony
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1069, Seizure of property, have had the same under consideration and we recommend that:
The Senate Committee on Law and Justice amendment(s) adopted as amended on April 12, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This chapter does not apply to property subject to forfeiture under chapter 66.32 RCW, RCW 69.50.505, 9.41.098, 9.46.230, 9A.82.100, 9A.83.030, 7.48.090, or 77.12.101.
NEW SECTION. Sec. 2. (1) The following are subject to seizure and forfeiture and no property right exists in them: All personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, security, or negotiable instrument, which has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony, or which was furnished or was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission of, any felony, or which was acquired in whole or in part with proceeds traceable to the commission of a felony. No property may be forfeited under this section until after there has been a superior court conviction of the owner of the property for the felony in connection with which the property was employed, furnished, or acquired.
A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party neither had knowledge of nor consented to the commission of the felony.
(2) Personal property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding;
(c) A law enforcement officer has probable cause to believe that the property is directly dangerous to health or safety; or
(d) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in the commission of a felony.
(3) In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title.
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure, the item seized shall be deemed forfeited.
(5) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized property within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the property involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. The seizing law enforcement agency shall promptly return the property to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property.
(6) When property is forfeited under this chapter, after satisfying any court-ordered victim restitution, the seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the criminal law;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public.
(7) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.
(a) The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure; and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(b) The value of sold forfeited property is the sale price. The value of retained forfeited property is the fair market value of the property at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained property. If an appraiser is used, the value of the property appraised is net of the cost of the appraisal. The value of destroyed property and retained firearms or illegal property is zero.
(c) Retained property and net proceeds not required to be paid to the state treasurer, or otherwise required to be spent under this section, shall be retained by the seizing law enforcement agency exclusively for the expansion and improvement of law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
NEW SECTION. Sec. 3. The legislature finds compelling state interests in compensating the victims of crime and in preventing criminals from profiting from their crimes. Sections 4 through 7 of this act are intended to advance both of these interests.
NEW SECTION. Sec. 4. The following are subject to seizure and forfeiture and no property right exists in them:
(1) All tangible or intangible property, including any right or interest in such property, acquired by a person convicted of a crime for which there is a victim of the crime and to the extent the acquisition is the direct or indirect result of the convicted person having committed the crime. Such property includes but is not limited to the convicted person's remuneration for, or contract interest in, any reenactment or depiction or account of the crime in a movie, book, magazine, newspaper or other publication, audio recording, radio or television presentation, live entertainment of any kind, or any expression of the convicted person's thoughts, feelings, opinions, or emotions regarding the crime.
(2) Any property acquired through the traceable proceeds of property described in subsection (1) of this section.
NEW SECTION. Sec. 5. (1) Any property subject to seizure and forfeiture under section 4 of this act may be seized by the prosecuting attorney of the county in which the convicted person was convicted upon process issued by any superior court having jurisdiction over the property.
(2) Proceedings for forfeiture are commenced by a seizure. Seizure of real property shall include the filing of a lis pendens by the seizing agency. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later, except that such real property seized may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest.
(3) The prosecuting attorney who seized the property shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure of real property shall be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. The notice of seizure in other cases may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title.
(4) If no person notifies the seizing prosecuting attorney in writing of the person's claim of ownership or right to possession of the property within forty-five days for personal property or ninety days for real property, the property seized shall be deemed forfeited.
(5) If any person notifies the seizing prosecuting attorney in writing of the person's claim of ownership or right to possession of the property within forty-five days for personal property or ninety days for real property, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The prosecuting attorney shall file the case into a court of competent jurisdiction. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. In cases involving personal property, the burden of producing evidence shall be by a preponderance and upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving real property, the burden of producing evidence shall be by a preponderance and upon the prosecuting attorney. The seizing prosecuting attorney shall promptly return the property to the claimant upon a determination by the prosecuting attorney or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property.
(6) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the county auditor of the county in which the property is located. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules.
(7) A forfeiture action under this section may be brought at any time from the date of conviction until the expiration of the statutory maximum period of incarceration that could have been imposed for the crime involved.
(8) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party did not know that the property was subject to seizure and forfeiture.
NEW SECTION. Sec. 6. (1) The proceeds of any forfeiture action brought under section 5 of this act shall be distributed as follows:
(a) First, to the victim or to the plaintiff in a wrongful death action brought as a result of the victim's death, to satisfy any money judgment against the convicted person, or to satisfy any restitution ordered as part of the convicted person's sentence;
(b) Second, to the reasonable legal expenses of bringing the action;
(c) Third, to the crime victims' compensation fund under RCW 7.68.090.
(2) A court may establish such escrow accounts or other arrangements as it deems necessary and appropriate in order to distribute proceeds in accordance with this section.
NEW SECTION. Sec. 7. (1) Any action taken by or on behalf of a convicted person including but not limited to executing a power of attorney or creating a corporation for the purpose of defeating the provisions of sections 3 through 6 of this act is null and void as against the public policy of this state.
(2) Sections 3 through 6 of this act are supplemental and do not limit rights or remedies otherwise available to the victims of crimes and do not limit actions otherwise available against persons convicted of crimes.
NEW SECTION. Sec. 8. (1) Sections 1 and 2 of this act shall constitute a new chapter in Title 10 RCW.
(2) Sections 3 through 7 of this act are each added to chapter 7.68 RCW."
On page 1, line 1 of the title, after "victims;" strike the remainder of the title and insert "adding new sections to chapter 7.68 RCW; and adding a new chapter to Title 10 RCW.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Adam Smith, Nelson, Quigley; Representatives Appelwick, Padden, Ludwig.
MOTION
Senator Adam Smith moved that the Senate adopt the Report of the Conference Committee on Substitute House Bill No. 1069.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Adam Smith that the Senate do adopt the Report of the Conference Committee on Substitute House Bill No. 1069.
The motion by Senator Adam Smith carried and the Report of the Conference Committee on Substitute House Bill No. 1069 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1069, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1069, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 1; Excused, 6.
Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 41.
Voting nay: Senator Vognild - 1.
Absent: Senator Niemi - 1.
Excused: Senators Amondson, Anderson, Drew, Hargrove, Rinehart and Talmadge - 6.
SUBSTITUTE HOUSE BILL NO. 1069, as recommended by the Conference Committee, 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.
REPORT OF CONFERENCE COMMITTEE
ESHB 1236 April 22, 1993
Includes "NEW ITEM": YES
Establishing fees for certain water rights
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236, Water rights fees, have had the same under consideration and we recommend that:
The Senate Committee on Ways and Means amendment(s) adopted as amended on April 14, 1993, be adopted with the following amendments to page 3, line 31; page 5, after line 21; and page 9, line 15 :
On page 3, line 31 of the amendment, strike "fifty" and insert "one hundred"
On page 5, after line 21 of the amendment, strike everything through "affected." on page 9, line 10 of the amendment and insert the following:
"NEW SECTION. Sec. 4. The legislature finds that installation of trickle irrigation systems in climatically and economically suitable areas may result in significant water savings. The legislature further finds that encouraging the voluntary transfer of the water savings will provide an incentive for the installation of trickle irrigation systems.
Therefore, the legislature directs the committee on natural resources and parks in the house of representatives and the committee on energy and utilities in the senate to jointly: (1) Study the physical, legal, and economic feasibility of transferring water saved from installation of trickle irrigation systems; (2) explore the relationship between a possible water transfer program connected to water savings from trickle irrigation systems and the state's existing trust water rights program; and (3) make recommendations for legislation to implement a transfer program for savings from trickle irrigation systems, if the committees determine that such a program is in the public interest. The committees shall coordinate the study with the agriculture committees in the senate and the house of representatives. The committees shall report their findings and recommendations to the legislature by December 1, 1993."
On page 9, line 15 of the title amendment, after "90.03.470;" strike the remainder of the title amendment and insert "and creating new sections.", and the bill do pass as recommended by the Conference Committee.
Signed by: Senators Fraser, Sutherland; Representatives Pruitt, Rust.
MOTION
Senator Fraser moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1236.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Fraser that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1236.
The motion by Senator Fraser carried on a rising vote and the Report of the Conference Committee on Engrossed Substitute House Bill No. 1236 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1236, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1236, as recommended by the Conference Committee, and the bill failed to pass the Senate by the following vote: Yeas, 20; Nays, 25; Absent, 1; Excused, 3.
Voting yea: Senators Franklin, Fraser, Gaspard, Haugen, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 20.
Voting nay: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Rasmussen, M., Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 25.
Absent: Senator Niemi - 1.
Excused: Senators Amondson, Drew and Rinehart - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236, as recommended by the Conference Committee, having failed to receive the constitutional majority, was declared lost.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Jesernig served notice that he would move to reconsider the vote by which Engrossed Substitute House Bill No. 1236, as recommended by the Conference Committee, failed to pass the Senate.
POINT OF INFORMATION
Senator Nelson: "A point of information, Mr. President. On the reconsideration motion, for the last ten days, is it not correct that the reconsideration has to be done immediately, unless the motion is followed by deferring further consideration?"
REPLY BY THE PRESIDENT
President Pritchard: "Senator, it has to be done the same day, so it doesn't have to be done immediately, but sometime during this day."
MOTION
On motion of Senator Williams, Senator Niemi was excused.
REPORT OF CONFERENCE COMMITTEE
ESHB 1307 April 22, 1993
Includes "NEW ITEM": YES
Reauthorizing and modifying the Washington service corps
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1307, Washington service groups, have had the same under consideration and we recommend that:
The Senate Committee on Trade, Technology and Economic Development striking amendment(s) adopted as amended by the Committee on Ways and Means on April 16, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 50.65.030 and 1987 c 167 s 3 are each amended to read as follows:
The Washington service corps is established within the employment security department. The commissioner shall:
(1) Appoint a director ((for the exchange)) and other personnel as necessary to carry out the purposes of this chapter;
(2) Coordinate youth employment and training efforts under the department's jurisdiction and cooperate with other agencies or departments providing youth services to ensure that funds appropriated for the purposes of this chapter will not be expended to duplicate existing services, but will increase the services of youth to the state;
(3) The employment security department is authorized to place subgrants with other federal, state, and local governmental agencies and private agencies to provide youth employment projects and to increase the numbers of youth employed;
(4) Determine appropriate financial support levels by private business, community groups, foundations, public agencies, and individuals which will provide matching funds for enrollees in service projects under work agreements. The matching funds requirement may be waived for public agencies or reduced for private agencies;
(5) Recruit enrollees who are residents of the state unemployed at the time of application and are at least eighteen years of age but have not reached their twenty-sixth birthday;
(6) Recruit supervising agencies to host the enrollees in full-time service activities which shall not exceed ((six)) eleven months' duration((, which may be extended for an additional six months by mutual consent));
(7) Assist supervising agencies in the development of scholarships and matching funds from private and public agencies, individuals, and foundations in order to support a portion of the enrollee's stipend and benefits;
(8) Develop general employment guidelines for placement of enrollees in supervising agencies to establish appropriate authority for hiring, firing, grievance procedures, and employment standards which are consistent with state and federal law;
(9) Match enrollees with appropriate public agencies and available service projects;
(10) Monitor enrollee activities for compliance with this chapter and compliance with work agreements;
(11) Assist enrollees in transition to employment upon termination from the programs, including such activities as orientation to the labor market, on-the-job training, and placement in the private sector;
(12) Establish a program for providing incentives to encourage successful completion of terms of enrollment in the service corps and the continuation of educational pursuits. Such incentives shall be in the form of educational assistance equivalent to two years of community or technical college tuition for eleven months of service. Educational assistance funding shall only be used for tuition, fees, and course-related books and supplies. Enrollees who receive educational assistance funding shall start using it within one year of their service completion and shall finish using it within four years of their service completion;
(13) Enter into agreements with the state's community and technical college system and other educational institutions or independent nonprofit agencies to provide special education in basic skills, including reading, writing, and mathematics for those participants who may benefit by participation in such classes. Participation is not mandatory but shall be strongly encouraged.
Sec. 2. RCW 50.65.040 and 1987 c 167 s 4 are each amended to read as follows:
The commissioner may select and enroll in the Washington service corps program any person who is at least eighteen years of age but has not reached their twenty-sixth birthday, is a resident of the state, and who is not for medical, legal, or psychological reasons incapable of service. ((In the selection of enrollees of the service corps, preference shall be given to youths residing in areas, both urban and rural, in which there exists substantial unemployment above the state average.)) Efforts shall be made to enroll youths who are economically, socially, physically, or educationally disadvantaged. The commissioner may prescribe such additional standards and procedures in consultation with supervising agencies as may be necessary in conformance with this chapter. In addition, the commissioner may select and enroll youth fourteen to seventeen years of age on special projects during the summer and at other times during the school year that may complement and support their school curriculum or that link and support service with learning.
Sec. 3. RCW 50.65.060 and 1987 c 167 s 6 are each amended to read as follows:
Placements in the Washington service corps shall be made in supervising agencies under work agreements as provided under this chapter and shall include those assignments which provide for addressing community needs and conservation problems and will assist the community in economic development efforts. Each work agreement shall:
(1) Demonstrate that the service project is appropriate for the enrollee's interests, skills, and abilities and that the project is designed to meet unmet community needs;
(2) Include a requirement of regular performance evaluation. This shall include clear work performance standards set by the supervising agency and procedures for identifying strengths, recommended improvement areas and conditions for probation or dismissal of the enrollee; and
(3) Include a commitment for partial financial support for the enrollee ((for a)) from private industry, public ((agency)) agencies, community groups, or foundations. The commissioner may establish additional standards for the development of placements for enrollees with supervising agencies and assure that the work agreements comply with those standards. This section shall not apply to conservation corps programs established by chapter 43.220 RCW.
Agencies of the state may use the ((youth employment exchange)) Washington service corps for the purpose of employing youth qualifying under this chapter.
NEW SECTION. Sec. 4. For each enrollee, the work agreements, or combination of work agreements, developed under RCW 50.65.060 shall:
(1) Include a variety of experiences consisting of: Indoor activities; outdoor activities; and volunteer activities;
(2) Provide time for participation in a core training program common to all participants.
NEW SECTION. Sec. 5. The Washington service corps scholarship account is created in the custody of the state treasurer. The account shall consist of a portion of Washington service corps funding, deposited by the commissioner, in an amount sufficient to provide for the future awarding of educational assistance grants described in RCW 50.65.030. Expenditures from the account may be used only for educational assistance grants described in RCW 50.65.030. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. All earnings of investments of surplus balances in the account shall be deposited to the treasury income account created in RCW 43.84.092.
Sec. 6. RCW 50.65.080 and 1983 1st ex.s. c 50 s 8 are each amended to read as follows:
The commissioner shall seek and may accept, on behalf of the ((youth employment exchange)) Washington service corps, charitable donations of cash and other assistance including, but not limited to, equipment and materials if the donations are available for appropriate use for the purposes set forth in this chapter.
NEW SECTION. Sec. 7. RCW 50.65.900 and 1987 c 167 s 9 & 1983 1st ex.s. c 50 s 14 are each repealed.
NEW SECTION. Sec. 8. Sections 4 and 5 of this act are each added to chapter 50.65 RCW.
NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
NEW SECTION. Sec. 10. A new section is added to chapter 50.65 RCW to read as follows:
No individual may participate in the Washington serves program created by chapter . . . (Substitute House Bill No. 1969), Laws of 1993, if the person has previously participated for six months or longer in the Washington service corps within the last three years."
On page 1, line 1 of the title, after "corps;" strike the remainder of the title and insert "amending RCW 50.65.030, 50.65.040, 50.65.060, and 50.65.080; adding new sections to chapter 50.65 RCW; repealing RCW 50.65.900; providing an effective date; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senator Sheldon, Erwin, Williams; Representatives Lock, Wood, Wineberry.
MOTION
Senator Sheldon moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1307.
POINT OF INQUIRY
Senator McDonald: "Senator Sheldon, I am looking on this Conference Committee Report on page 2 and stricken is the language that would say that enrollees of the service corps, preference shall be given to youths residing in areas, both urban and rural, in which there exists substantial unemployment above the state average. That is stricken language. Why?"
Senator Sheldon: "That was added back in, Senator."
Senator McDonald: "Where?"
Senator Sheldon: "I don't have the Conference Committee Report in front of me, but it is my understanding--I beg your pardon. Could we put that on hold for a moment, so I can satisfy the Senator's question?"
There being no objection, the President deferred further consideration of Engrossed Substitute House Bill No. 1307.
MOTIONS
On motion of Senator Oke, Senator Deccio was excused.
On motion of Senator Loveland, Senators Hargrove and Talmadge were excused.
REPORT OF CONFERENCE COMMITTEE
SHB 1931 April 22, 1993
Includes "NEW ITEM": YES
Regulating steamboat operators
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1931, Steamboat operators, have had the same under consideration and we recommend that:
The Senate Transportation Committee amendment(s) adopted, as amended, on April 14, 1993, be not adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.60.120 and 1984 c 7 s 307 are each amended to read as follows:
(1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over Puget Sound or any of its tributary or connecting waters, there shall not be constructed, operated, or maintained any other ferry crossing upon or bridge over any such waters within ten miles of any such crossing or bridge operated or maintained by the department excepting such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued franchise at the time of the location of the ferry crossing or construction of the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this section means ten statute miles measured by airline distance. The ten-mile restriction shall be applied by comparing the two end points (termini) of a state ferry crossing to those of a private ferry crossing.
(3) The Washington utilities and transportation commission may, upon written petition of a commercial ferry operator certificated or applying for certification under chapter 81.84 RCW, and upon notice and hearing, grant a waiver from the ten-mile restriction. The waiver must not be detrimental to the public interest. In making a decision to waive the ten-mile restriction, the commission shall consider, but is not limited to, the impact of the waiver on transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act upon a request for a waiver within ninety days after the conclusion of the hearing. A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless appealed within thirty days by the commission on its own motion, the department, or an interested party.
(4) The department shall not maintain and operate any ferry crossing or toll bridge over Puget Sound or any of its tributary or connecting waters that would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or toll bridge by the department, without first acquiring the rights granted to such franchise holder under the franchise.
((While any revenue bonds issued by the department under the provisions of this chapter are outstanding no additional bonds may be issued for the purposes of acquiring, constructing, operating, or maintaining any ferries or toll bridges within the aforesaid ten mile distance by the department unless the revenues of any such additional ferries or toll bridges are pledged to the bonds then outstanding to the extent provided by the resolution authorizing the issue of the outstanding bonds. The provisions of this section are binding upon the state, and all of its departments, agencies, and instrumentalities, as well as any and all private, political, municipal, and public corporations and subdivisions, including cities, towns, counties, and other political subdivisions, and the prohibitions of this section shall restrict and limit the powers of the legislature of the state in respect to the matters herein mentioned so long as any of such bonds are outstanding and unpaid and shall be deemed to constitute a contract to that effect for the benefit of the holders of all such bonds.))
Sec. 2. RCW 81.84.010 and 1961 c 14 s 81.84.010 are each amended to read as follows:
(1) No ((steamboat company shall)) commercial ferry may hereafter operate any vessel or ferry for the public use for hire between fixed termini or over a regular route upon the waters within this state, including the rivers and lakes and Puget Sound, without first applying for and obtaining from the commission a certificate declaring that public convenience and necessity require such operation. Service authorized by certificates issued before or after the effective date of this act to a commercial ferry operator shall be exercised by the operator in a manner consistent with the conditions established in the certificate or tariffs: PROVIDED, That no certificate shall be required for a vessel primarily engaged in transporting freight other than vehicles, whose gross earnings from the transportation of passengers and/or vehicles, are not more than ten percent of the total gross annual earnings of such vessel: PROVIDED, That nothing herein shall be construed to affect the right of any county public transportation benefit area or other public agency within this state to construct, condemn, purchase, operate, or maintain, itself or by contract, agreement, or lease, with any person, firm, or corporation, ferries or boats across or wharfs at or upon the waters within this state, including rivers and lakes and Puget Sound, provided such operation is not over the same route or between the same districts, being served by a certificate ((carrier)) holder without first acquiring the rights granted to the certificate holder under the certificate, nor shall this chapter be construed to affect, amend, or invalidate any contract entered into prior to January 15, 1927, for the operation of ferries or boats upon the waters within this state, which was entered into in good faith by any county with any person, firm, or corporation, except that in case of the operation or maintenance by any county, city, town, port district, or other political subdivision by contract, agreement, or lease with any person, firm, or corporation, of ferries or boats across or wharfs at or upon the waters within this state, including rivers and lakes and Puget Sound, the commission shall have power and authority to regulate rates and services of such operation or maintenance of ferries, boats, or wharfs, to make, fix, alter, or amend said rates, and to regulate service and safety of operations thereof, in the manner and to the same extent as it is empowered to regulate a ((steamboat company)) commercial ferry, notwithstanding the provisions of any act or parts of acts inconsistent herewith.
(2) The holder of a certificate of public convenience and necessity granted under this chapter must initiate service within five years of obtaining the certificate. The certificate holder shall report to the commission every six months after the certificate is granted on the progress of the certificated route. The reports shall include, but not be limited to, the progress of environmental impact, parking, local government land use, docking, and financing considerations. However, if service has not been initiated within five years of obtaining the certificate, the commission may extend the certificate on a twelve-month basis for up to three years if the six-month progress reports indicate there is significant advancement toward initiating service.
(3) The commission shall review certificates in existence as of the effective date of this act, where service is not being provided on all or any portion of the route or routes certificated. Based on progress reports required under subsection (2) of this section, the commission may grant an extension beyond that provided in subsection (2) of this section. Such additional extension may not exceed a total of two years.
Sec. 3. RCW 81.84.020 and 1961 c 14 s 81.84.020 are each amended to read as follows:
(1) Upon the filing of an application the commission shall give reasonable notice to the department, affected cities and counties, and any common carrier which might be adversely affected, of the time and place for hearing on such application. The commission shall have power after hearing, to issue the certificate as prayed for, or to refuse to issue it, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by said certificate such terms and conditions as in its judgment the public convenience and necessity may require; but the commission shall not have power to grant a certificate to operate between districts and/or into any territory prohibited by RCW 47.60.120 or already served by an existing certificate holder, unless such existing certificate holder ((shall fail and refuse)) has failed or refused to furnish reasonable and adequate service or has failed to provide the service described in its certificate or tariffs after the time period allowed to initiate service has elapsed: PROVIDED, A certificate shall be granted when it shall appear to the satisfaction of the commission that ((such steamboat company)) the commercial ferry was actually operating in good faith over the route for which such certificate shall be sought, on January 15, 1927: PROVIDED, FURTHER, That in case two or more ((steamboat companies)) commercial ferries shall upon said date have been operating vessels upon the same route, or between the same districts the commission shall determine after public hearing whether one or more certificates shall issue, and in determining to whom a certificate or certificates shall be issued, the commission shall consider all material facts and circumstances including the prior operation, schedules, and services rendered by either of ((said companies)) the ferries, and in case more than one certificate shall issue, the commission shall fix and determine the schedules and services of the ((companies to whom such)) ferries to which the certificates are issued to the end that duplication of service be eliminated and public convenience be furthered.
(2) Before issuing a certificate, the commission shall determine that the applicant has the financial resources to operate the proposed service for at least twelve months, based upon the submission by the applicant of a pro forma financial statement of operations. Issuance of a certificate shall be determined upon, but not limited to, the following factors: Ridership and revenue forecasts; the cost of service for the proposed operation; an estimate of the cost of the assets to be used in providing the service; a statement of the total assets on hand of the applicant that will be expended on the proposed operation; and a statement of prior experience, if any, in such field by the applicant. The documentation required of the applicant under this section shall comply with the provisions of RCW 9A.72.085.
(3) Subsection (2) of this section does not apply to an application for a certificate that is pending as of the effective date of this act.
NEW SECTION. Sec. 4. A new section is added to chapter 81.84 RCW to read as follows:
The commission, in granting a certificate to operate as a commercial ferry, shall require the operator to first obtain liability and property damage insurance from a company licensed to write liability insurance in the state or a surety bond of a company licensed to write surety bonds in the state, on each vessel or ferry to be used, in the amount of not less than one hundred thousand dollars for any recovery for personal injury by one person, and not less than one million dollars and in such additional amount as the commission shall determine, for all persons receiving personal injury and property damage by reason of one act of negligence, and not less than fifty thousand dollars for damage to property of any person other than the insured; or combined bodily injury and property damage liability insurance of not less than one million dollars, and to maintain such liability and property damage insurance or surety bond in force on each vessel or ferry while so used. Each policy for liability or property damage insurance or surety bond required by this section must be filed with the commission and kept in full force and effect, and failure to do so is cause for revocation of the operator's certificate.
Sec. 5. RCW 81.84.030 and 1961 c 14 s 81.84.030 are each amended to read as follows:
No certificate or any right or privilege thereunder held, owned, or obtained under the provisions of this chapter shall be sold, assigned, leased, mortgaged, or in any manner transferred, either by the act of the parties or by operation of law, except upon authorization by the commission first obtained. ((The commission may at any time by its order duly entered after hearing had upon notice to the holder of any certificate hereunder and an opportunity to such holder to be heard, suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter, if the holder thereof wilfully violates or fails to observe the provisions or conditions of the certificate, or the orders, rules or regulations of the commission, or the provisions of this title.))
Sec. 6. RCW 81.84.050 and 1961 c 14 s 81.84.050 are each amended to read as follows:
Every ((steamboat company)) commercial ferry and every officer, agent, or employee of any ((steamboat company)) commercial ferry who violates or who procures, aids, or abets in the violation of any provision of this title, or any order, rule, regulation, or decision of the commission shall incur a penalty of one hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for.
The penalty herein provided for shall become due and payable when the person incurring the same receives a notice in writing from the commission describing such violation with reasonable particularity and advising such person that the penalty is due.
The commission may, upon written application therefor, received within fifteen days, remit or mitigate any penalty provided for in this section or discontinue any prosecution to recover the same upon such terms as it in its discretion shall deem proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as it may deem proper.
If the amount of such penalty is not paid to the commission within fifteen days after receipt of notice imposing the same or, if application for remission or mitigation has not been made, within fifteen days after the violator has received notice of the disposition of such application, the attorney general shall bring an action to recover the penalty in the name of the state of Washington in the superior court of Thurston county or of some other county in which such violator may do business. In all such actions the procedure and rules of evidence shall be the same as in ordinary civil actions except as otherwise herein provided. All penalties recovered by the state under this chapter shall be paid into the state treasury and credited to the public service revolving fund.
NEW SECTION. Sec. 7. A new section is added to chapter 81.84 RCW to read as follows:
The commission, upon complaint by an interested party, or upon its own motion after notice and opportunity for hearing, may cancel, revoke, suspend, alter, or amend a certificate issued under this chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by the conclusion of the fifth year after the certificate has been granted or by the conclusion of an extension granted under RCW 81.84.010 (2) or (3), if the commission has considered the progress report information required under RCW 81.84.010 (2) or (3);
(2) Failure of the certificate holder to file an annual report;
(3) The filing by a certificate holder of an annual report that shows no revenue in the previous twelve-month period after service has been initiated;
(4) The violation of any provision of this chapter;
(5) The violation of or failure to observe the provisions or conditions of the certificate or tariffs;
(6) The violation of an order, decision, rule, regulation, or requirement established by the commission under this chapter;
(7) Failure of a certificate holder to maintain the required insurance coverage in full force and effect; or
(8) Failure or refusal to furnish reasonable and adequate service after initiating service.
The commission shall take appropriate action within thirty days upon a complaint by an interested party or of its own finding that a provision of this section has been violated.
NEW SECTION. Sec. 8. A new section is added to chapter 81.84 RCW to read as follows:
The commission may, with or without a hearing, issue temporary certificates to operate under this chapter, but only after it finds that the issuance of the temporary certificate is necessary due to an immediate and urgent need and is otherwise consistent with the public interest. The certificate may be issued for a period of up to one hundred eighty days. The commission may prescribe such special rules and impose special terms and conditions on the granting of the certificate as in its judgment are reasonable and necessary in carrying out this chapter. The commission shall collect a filing fee, not to exceed two hundred dollars, for each application for a temporary certificate. The commission shall not issue a temporary certificate to operate on a route for which a certificate has been issued or for which an application by another commercial ferry operator is pending.
Sec. 9. RCW 81.04.010 and 1991 c 272 s 3 are each amended to read as follows:
As used in this title, unless specially defined otherwise or unless the context indicates otherwise:
"Commission" means the utilities and transportation commission.
"Commissioner" means one of the members of such commission.
"Corporation" includes a corporation, company, association, or joint stock association.
"Low-level radioactive waste site operating company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing a low-level radioactive waste disposal site or sites located within the state of Washington.
"Low-level radioactive waste" means low-level waste as defined by RCW 43.145.010.
"Person" includes an individual, a firm, or copartnership.
"Street railroad" includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for hire, being mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place within any one city or town, and includes all equipment, switches, spurs, tracks, bridges, right of trackage, subways, tunnels, stations, terminals, and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such street railroad, within this state.
"Street railroad company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, controlling, operating, or managing any street railroad or any cars or other equipment used thereon or in connection therewith within this state.
"Railroad" includes every railroad, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for hire, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such railroad.
"Railroad company" includes every corporation, company, association, joint stock association, partnership, or person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any railroad or any cars or other equipment used thereon or in connection therewith within this state.
"Express company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, who shall engage in or transact the business of carrying any freight, merchandise, or property for hire on the line of any common carrier operated in this state.
"Common carrier" includes all railroads, railroad companies, street railroads, street railroad companies, ((steamboat companies)) commercial ferries, express companies, car companies, sleeping car companies, freight companies, freight line companies, and every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, operating, managing, or controlling any such agency for public use in the conveyance of persons or property for hire within this state.
"Vessel" includes every species of watercraft, by whatsoever power operated, for public use in the conveyance of persons or property for hire over and upon the waters within this state, excepting all towboats, tugs, scows, barges, and lighters, and excepting rowboats and sailing boats under twenty gross tons burden, open steam launches of five tons gross and under, and vessels under five tons gross propelled by gas, fluid, naphtha, or electric motors.
"((Steamboat company)) Commercial ferry" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers, appointed by any court whatsoever, owning, controlling, leasing, operating, or managing any vessel over and upon the waters of this state.
"Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage, and handling of the property transported, and the transmission of credit.
"Transportation of persons" includes any service in connection with the receiving, carriage, and delivery of the person transported and his baggage and all facilities used, or necessary to be used in connection with the safety, comfort, and convenience of the person transported.
"Public service company" includes every common carrier.
The term "service" is used in this title in its broadest and most inclusive sense.
Sec. 10. RCW 81.24.030 and 1981 c 13 s 5 are each amended to read as follows:
Every ((steamboat company)) commercial ferry shall, on or before the first day of April of each year, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee of two-fifths of one percent of the amount of gross operating revenue: PROVIDED, That the fee so paid shall in no case be less than five dollars. The percentage rate of gross operating revenue to be paid in any year may be decreased by the commission by general order entered before March 1st of such year."
On line 1 of the title, after "operators;" strike the remainder of the title and insert "amending RCW 47.60.120, 81.84.010, 81.84.020, 81.84.030, 81.84.050, 81.04.010, and 81.24.030; adding new sections to chapter 81.84 RCW; and prescribing penalties.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Vognild, Drew; Representatives R. Fisher, Schmidt, Zellinsky.
MOTION
Senator Vognild moved that the Senate adopt the Report of the Conference Committee on Substitute House Bill No. 1931.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Vognild that the Senate do adopt the Report of the Conference Committee on Substitute House Bill No. 1931.
The motion by Senator Vognild carried and the Report of the Conference Committee on Substitute House Bill No. 1931 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1931, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1931, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Erwin, Franklin, Fraser, Gaspard, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.
Absent: Senator Haugen - 1.
Excused: Senators Amondson, Deccio, Drew, Hargrove, Niemi, Rinehart and Talmadge - 7.
SUBSTITUTE HOUSE BILL NO. 1931, as recommended by the Conference Committee, 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.
REPORT OF CONFERENCE COMMITTEE
ESHB 2067 April 23, 1993
Includes "NEW ITEM": YES
Encouraging commute trip reduction programs
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067, Commute trip reduction programs, have had the same under consideration and we recommend that:
The Senate amendment by Senators Drew, Nelson and Vognild adopted on April 13, 1993, not be adopted, and that the following Conference Committee amendments be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that reducing the number of commute trips to work is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. The legislature intends that state agencies shall assume a leadership role in implementing programs to reduce vehicle miles traveled and single-occupant vehicle commuting, under RCW 70.94.521 through 70.94.551.
The legislature has established and directed an interagency task force to consider mechanisms for funding state agency commute trip reduction programs; and to consider and recommend policies for employee incentives for commuting by other than single-occupant vehicles, and policies for the use of state-owned vehicles.
It is the purpose of this act to provide state agencies with the authority to provide employee incentives, including subsidies for use of high occupancy vehicles to meet commute trip reduction goals, and to remove existing statutory barriers for state agencies to use public funds, including parking revenue, to operate, maintain, lease, or construct parking facilities at state-owned and leased facilities, to reduce parking subsidies, and to support commute trip reduction programs.
NEW SECTION. Sec. 2. A new section is added to chapter 43.01 RCW to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Guaranteed ride home" means an assured ride home for commuters participating in a commute trip reduction program who are not able to use their normal commute mode because of personal emergencies.
(2) "Pledged" means parking revenue designated through any means, including moneys received from the natural resource building, which is used for the debt service payment of bonds issued for parking facilities.
Sec. 3. RCW 43.41.140 and 1979 c 151 s 119 are each amended to read as follows:
Pursuant to policies and regulations promulgated by the office of financial management ((after consultation with and approval by the automotive policy board)), an elected state officer or ((his)) delegate or a state agency director or ((his)) delegate may permit an employee ((commuting)) to commute in a state-owned or leased vehicle ((only)) if such travel is on official business, as determined in accordance with RCW 43.41.130, and is determined to be economical and advantageous to the state, or as part of a commute trip reduction program as required by RCW 70.94.551.
Sec. 4. RCW 46.08.172 and 1991 sp.s. c 31 s 12 and 1991 sp.s. c 13 s 41 are each reenacted and amended to read as follows:
((There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account".)) The director of the department of general administration shall establish equitable and consistent parking rental fees for state-owned or leased property, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking. The department shall solicit representatives from affected state agencies, employees, and state employee bargaining units to meet as regional committees. These regional committees will advise the director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. In the event that such fees become part of a collective bargaining agreement and there is a conflict between the agency and the collective bargaining unit, the terms of the collective bargaining agreement shall prevail. All fees shall take into account the market rate of comparable privately owned rental parking, as determined by the director. ((All unpledged parking rental income collected by the department of general administration from rental of parking space on the capitol grounds and the east capitol site shall be deposited in the "state capitol vehicle parking account".)) However, parking rental fees are not to exceed the local market rate of comparable privately owned rental parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.
((The "state capitol vehicle parking account" shall be used to pay costs incurred in the operation, maintenance, regulation and enforcement of vehicle parking and parking facilities.))
NEW SECTION. Sec. 5. A new section is added to chapter 43.01 RCW to read as follows:
There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account." All parking rental income collected from rental of parking space at state-owned or leased property shall be deposited in the "state capitol vehicle parking account." Revenue deposited in the "state capitol vehicle parking account" shall be first applied to pledged purposes. Unpledged parking revenues deposited in the "state capitol vehicle parking account" may be used to:
(1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking facilities on state-owned or leased properties;
(2) Support the lease costs and/or capital investment costs of vehicle parking and parking facilities at agency-owned and leased facilities off the capitol campus; and
(3) Support commute trip reduction programs under RCW 70.94.521 through 70.94.551.
Distribution of funds from the "state capitol vehicle parking account" are subject to appropriation by the legislature and will be made by the office of financial management after considering recommendations from the director of general administration and the interagency task force for commute trip reduction, under RCW 70.94.551.
NEW SECTION. Sec. 6. A new section is added to chapter 43.01 RCW to read as follows:
State agencies may, subject to appropriation and under the internal revenue code rules, use public funds to financially assist agency-approved incentives for alternative commute modes, including but not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs, if the financial assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through 70.94.551. This section does not permit any payment for the use of state-owned vehicles for commuter ride sharing.
NEW SECTION. Sec. 7. A new section is added to chapter 43.01 RCW to read as follows:
All state higher education institutions are exempt from section 5 of this act.
"On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.41.140; reenacting and amending RCW 46.08.172; adding new sections to chapter 43.01 RCW; creating a new section; and prescribing penalties.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Prentice, Sheldon; Representatives R. Fisher, Schmidt, Jones.
MOTION
On motion of Senator Vognild, the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 2067.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2067, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2067, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 5; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 38.
Voting nay: Senators Cantu, Hochstatter, Nelson, Newhouse and Prince - 5.
Excused: Senators Amondson, Drew, Hargrove, Niemi, Rinehart and Talmadge - 6.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067, as recommended by the Conference Committee, 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 Roach was excused.
There being no objection, the Senate resumed consideration of Engrossed Substitute No. 1307, and the pending motion by Senator Sheldon that the Senate do adopt the Report of the Conference Committee, deferred earlier today.
REMARKS BY SENATOR SHELDON
Senator Sheldon: "Thank you, Mr. President. I want to thank Senator McDonald for his question, because it is an important question. Certain language was struck that says that preference shall be given to youths in residing in areas--urban areas--where there is a lot of unemployment. Actually, there is a separate code section that does specify that sixty percent of the funding will go to distressed areas with high unemployment. So, it was felt that it was redundant to have that also in there. I believe that Senator McDonald is satisfied with that."
The President declared the question before the Senate to be the motion by Senator Sheldon that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1307.
The motion by Senator Sheldon carried and the Report of the Conference Committee on Engrossed Substitute House Bill No. 1307 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1307, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1307, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Excused: Senators Amondson, Hargrove, Niemi, Rinehart, Roach and Talmadge - 6.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1307, as recommended by the Conference Committee, 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.
REPORT OF CONFERENCE COMMITTEE
ESHB 2026 April 23, 1993
Includes "NEW ITEM": YES
Requiring notice about fetal alcohol syndrome
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026, Fetal alcohol syndrome, have had the same under consideration and we recommend that:
The Senate amendments to page 1, lines 13, 14 and 16, and the title amendment adopted April 18, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The United States surgeon general warns that women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. The legislature finds that these defects include fetal alcohol syndrome, a birth defect that causes permanent antisocial behavior in the sufferer, disrupts the functions of his or her family, and, at an alarmingly increasing rate, extracts a safety and fiscal toll on society.
NEW SECTION. Sec. 2. A new section is added to chapter 66.08 RCW to read as follows:
The board shall cause to be posted in conspicuous places, in a number determined by the board, within each state liquor store, notices in print not less than one inch high warning persons that consumption of alcohol shortly before conception or during pregnancy may cause birth defects, including fetal alcohol syndrome and fetal alcohol effects.
NEW SECTION. Sec. 3. The legislature recognizes that the use of alcohol and other drugs during pregnancy can cause medical, psychological, and social problems for women and infants. The legislature further recognizes that communities are increasingly concerned about this problem and the associated costs to the mothers, infants, and society as a whole. The legislature recognizes that the department of health and other agencies are focusing on primary prevention activities to reduce the use of alcohol or drugs during pregnancy but few efforts have focused on secondary prevention efforts aimed at intervening in the lives of women already involved in the use of alcohol or other drugs during pregnancy. The legislature recognizes that the best way to prevent problems for chemically dependent pregnant women and their resulting children is to engage the women in alcohol or drug treatment. The legislature acknowledges that treatment professionals find pretreatment services to clients to be important in engaging women in alcohol or drug treatment. The legislature further recognizes that pretreatment services should be provided at locations where chemically dependent women are likely to be found, including public health clinics and domestic violence or homeless shelters. Therefore the legislature intends to prevent the detrimental effects of alcohol or other drug use to women and their resulting infants by promoting the establishment of local programs to help facilitate a woman's entry into alcohol or other drug treatment. These programs shall provide secondary prevention services and provision of opportunities for immediate treatment so that women who seek help are welcomed rather than ostracized.
NEW SECTION. Sec. 4. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of alcohol use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(2) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.
(3) "Assessment" means an interview with an individual to determine if he or she is chemically dependent and in need of referral to an approved treatment program.
(4) "Chemically dependent individual" means someone suffering from alcoholism or drug addiction, or dependence on alcohol or one or more other psychoactive chemicals.
(5) "Department" means the department of social and health services.
(6) "Domestic violence" is a categorization of offenses, as defined in RCW 10.99.020, committed by one family or household member against another.
(7) "Domestic violence program" means a shelter or other program which provides services to victims of domestic violence.
(8) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruptions of social or economic functioning.
(9) "Family or household members" means a family or household member as defined in RCW 10.99.020.
(10) "Pretreatment" means the period of time prior to an individual's enrollment in alcohol or drug treatment.
(11) "Pretreatment services" means activities taking place prior to treatment that include identification of individuals using alcohol or drugs, education, assessment of their use, evaluation of need for treatment, referral to an approved treatment program, and advocacy on a client's behalf with social service agencies or others to ensure and coordinate a client's entry into treatment.
(12) "Primary prevention" means providing information about the effects of alcohol or drug use to individuals so they will avoid using these substances.
(13) "Secondary prevention" means identifying and obtaining an assessment on individuals using alcohol or other drugs for referral to treatment when indicated.
(14) "Secretary" means the secretary of the department of social and health services.
(15) "Treatment" means the broad range of emergency detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, that may be extended to chemically dependent individuals and their families.
(16) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of chemically dependent individuals.
NEW SECTION. Sec. 5. The secretary shall develop and promote state-wide secondary prevention strategies designed to increase the use of alcohol and drug treatment services by women of child-bearing age, before, during, and immediately after pregnancy. These efforts are conducted through the division of alcohol and substance abuse. The secretary shall:
(1) Promote development of three pilot demonstration projects in the state to be called pretreatment projects for women of child bearing age.
(2) Ensure that two of the projects are located in public health department clinics that provide maternity services and one is located with a domestic violence program.
(3) Hire three certified chemical dependency counselors to work as substance abuse educators in each of the three demonstration projects. The counselors may rotate between more than one clinic or domestic violence program. The chemical dependency counselor for the domestic violence program shall also be trained in domestic violence issues.
(4) Ensure that the duties and activities of the certified chemical dependency counselors include, at a minimum, the following:
(a) Identifying substance-using pregnant women in the health clinics and domestic violence programs;
(b) Educating the women and agency staff on the effects of alcohol or drugs on health, pregnancy, and unborn children;
(c) Determining the extent of the women's substance use;
(d) Evaluating the women's need for treatment;
(e) Making referrals for chemical dependency treatment if indicated;
(f) Facilitating the women's entry into treatment; and
(g) Advocating on the client's behalf with other social service agencies or others to ensure and coordinate clients into treatment.
(5) Ensure that administrative costs of the department are limited to ten percent of the funds appropriated for the project.
NEW SECTION. Sec. 6. If specific funding for the purposes of sections 3, 4, and 5 of this act, referencing these sections by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, sections 3, 4, and 5 of this act shall be null and void.
NEW SECTION. Sec. 7. Sections 4 and 5 of this act are each added to Title 70 RCW."
On page 1, line 1 of the title, after "syndrome;" strike the remainder of the title and insert "adding a new section to chapter 66.08 RCW; adding new sections to Title 70 RCW; and creating new sections.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Wojahn, Erwin, Pelz; Representatives Heavey, Wood, Karahalios.
MOTION
On motion of Senator Wojahn, the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 2026.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2026, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2026, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Amondson, Hargrove, Niemi, Roach and Talmadge - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 23, 1993
MR. PRESIDENT:
The House concurs in the following Senate amendments to HOUSE BILL NO. 2028: page 1, at the beginning of line 7; page 1, after line 14; page 1, after line 14 (NEW SECTION. Sec. 2.); and page 1, line 3; of the title. The Speaker ruled the Senate amendment on page 1, after line 14 (Sec. 2.); and the amendment to page 1, line 2, of the title beyond the scope and object of the bill and the House asks the Senate to recede therefrom, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
MOTION
On motion of Senator Jesernig, the Senate receded from its amendment on page 1, after line 14 (Sec. 2); and the amendment to page 1, line 2 of the title to House Bill No. 2028.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2028, as amended by the Senate on page 1, at the beginning of line 7; page 1, after line 14; page 1, after line 14 (NEW SECTION. Sec. 2.); and page 1, line 3; of the title, but without the Senate amendment on page 1, after line 14 (Sec. 2.); and the amendment to page 1, line 2, of the title.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2028, as amended by the Senate, but without the Senate amendment on page 1, line 14 (Sec. 2.), and the amendment on page 1, line 2, of the title, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Amondson, Hargrove, Niemi and Talmadge - 4.
HOUSE BILL NO. 2028, as amended by the Senate, without the Senate amendment on page 1, line 14 (Sec. 2.), and the amendment on page 1, line 2, of the title, 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 Senate Bill No. 5474 and the pending motions, the first by Senator Adam Smith to refuse to concur in the House amendments, and the second by Senator Nelson to divide the question and that the Senate do concur in the House amendment on page 6, line 15, deferred April 23, 1993, after the President ruled the amendment on page 5, line 34, out of order.
MOTION
On motion of Senator Nelson, and there being no objection, the motion to divide the question and to concur in the House amendment on page 6, line 15, to Senate Bill No. 5474 was withdrawn.
MOTION
On motion of Senator Adam Smith, the motion to refuse to concur in the remaining House amendments to Senate Bill No. 5474 was withdrawn.
MOTION
On motion of Senator Adam Smith, the Senate concurred in the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8; and asks the House to recede from the amendment on page 5, line 34, to Senate Bill No. 5474.
MESSAGE FROM THE HOUSE
April 22, 1993
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372 and again asks the Senate for a conference thereon.
ALAN THOMPSON, Chief Clerk
MOTION
On motion of Senator Jesernig, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 1372 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1372 and the Senate amendment(s) thereto: Senators Skratek, Bluechel and Quigley.
MOTION
On motion of Senator Jesernig, the Conference Committee appointments were confirmed.
CHANGE IN CONFERENCE COMMITTEE APPOINTMENT
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529
On motion of Senator Jesernig, Senator Skratek will replace Senator Spanel as a member of the Conference Committee on Engrossed Substitute House Bill No. 1529.
MOTION
On motion of Senator Jesernig, the change in Conference Committee appointment was confirmed.
MOTION FOR RECONSIDERATION
Having served prior notice earlier today, Senator Jesernig moved to reconsider the vote by which Engrossed Substitute House Bill No. 1236, as recommended by the Conference Committee, failed to pass the Senate.
Debate ensued.
Senator Jesernig demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Jesernig that the Senate reconsider the vote by which Engrossed Substitute House Bill No. 1236, as recommended by the Conference Committee, failed to pass the Senate.
ROLL CALL
The Secretary called the roll and the motion for reconsideration carried by the following vote: Yeas, 26; Nays, 19; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 26.
Voting nay: Senators Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.
Absent: Senator Loveland - 1.
Excused: Senators Amondson, Bluechel and Niemi - 3.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1236, as recommended by the Conference Committee on reconsideration.
Debate ensued.
POINT OF INQUIRY
Senator Deccio: "Senator Fraser, as you know, we spent many hours sitting with the payors of anywhere from cities, counties, irrigators, and the like--everybody was included. They agreed with the fifty dollars. Has there been an agreement reached among the people who are going to pay this bill--of the increase to one hundred dollars?"
Senator Fraser: "We had a meeting one night with a lot of people, not all people who would be potentially affected by fee increases, and we hit around a lot of ideas. We came up with an idea at that meeting which some people agreed with, and others didn't, to go with a fifty dollar surcharge. That is what passed the Senate and went over to the House and there has been a lot of conversation since then and they felt a higher one would be appropriate. That's what ended up in the conference committee. Some people agree with it; some don't."
Senator Deccio: "Further question. Has there been any language change in the study that will take place by the committee?"
Senator Fraser: "The only change in the conference committee, compared to what came over from the House, is to assure that the Agriculture Committees will be in cooperation with this study."
Further debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1236, as recommended by the Conference Committee on reconsideration, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 25.
Voting nay: Senators Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, Loveland, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 22.
Excused: Senators Amondson and Niemi - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236, as recommended by the Conference Committee on reconsideration, 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.
MESSAGE FROM THE HOUSE
April 23, 1993
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to HOUSE JOINT RESOLUTION NO. 4200 and asks the Senate to recede therefrom, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
MOTION
On motion of Senator Talmadge, the Senate receded from its amendment(s) to House Joint Resolution No. 4200.
The President declared the question before the Senate to be the roll call on the final passage of House Joint Resolution No. 4200, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of House Joint Resolution No. 4200, without the Senate amendments, and the joint resolution passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 43.
Voting nay: Senators Cantu, Rinehart, Williams and Wojahn - 4.
Excused: Senators Amondson and Niemi - 2.
HOUSE JOINT RESOLUTION NO. 4200, without the Senate amendment(s), having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Jesernig, the Senate advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2114, by Representative G. Fisher (by request of Office of Financial Management)
Crediting earnings on balances of certain treasury accounts.
The bill was read the second time.
MOTION
Senator Rinehart moved that the following amendment by Senators Rinehart and Vognild be adopted:
On page 1, beginning on line 5, strike all of section 1 and insert the following:
"Sec. 1. RCW 43.84.092 and 1992 c 235 s 4 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 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,)) and 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."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Rinehart and Vognild on page 1, beginning on line 5, to House Bill No. 2114.
The motion by Senator Rinehart carried and the amendment was adopted.
MOTION
On motion of Senator Rinehart, the rules were suspended, House Bill No. 2114, as amended by the Senate, 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 House Bill No. 2114, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2114, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 21; Absent, 0; Excused, 2.
Voting yea: 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, Williams and Wojahn - 26.
Voting nay: Senators Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Vognild, von Reichbauer, West and Winsley - 21.
Excused: Senators Amondson and Niemi - 2.
HOUSE BILL NO. 2114, as amended by the Senate, 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 McCaslin was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2098, by House Committee on Health Care (originally sponsored by Representative Valle) (by request of Department of Social and Health Services)
Enhancing community options long-term care program.
The bill was read the second time.
MOTION
Senator Deccio moved that the following amendment by Senators Talmadge and Deccio be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. FINDINGS. The legislature finds that the aging of the population and advanced medical technology have resulted in a growing number of persons who require assistance. The primary resource for long-term care continues to be family and friends. However, these traditional caregivers are increasingly employed outside the home. There is a growing demand for improvement and expansion of home and community-based long-term care services to support and complement the services provided by these informal caregivers.
The legislature further finds that the public interest would best be served by a broad array of long-term care services that support persons who need such services at home or in the community whenever practicable and that promote individual autonomy, dignity, and choice.
The legislature finds that as other long-term care options become more available, the relative need for nursing home beds is likely to decline. The legislature recognizes, however, that nursing home care will continue to be a critical part of the state's long-term care options, and that such services should promote individual dignity, autonomy, and a homelike environment.
NEW SECTION. Sec. 2. PURPOSE AND INTENT. It is the legislature's intent that:
(1) Long-term care services administered by the department of social and health services include a balanced array of health, social, and supportive services that promote individual choice, dignity, and the highest practicable level of independence;
(2) Home and community-based services be developed, expanded, or maintained in order to meet the needs of consumers and to maximize effective use of limited resources;
(3) Long-term care services be responsive and appropriate to individual need and also cost-effective for the state;
(4) Nursing home care is provided in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident and timely discharge to a less restrictive care setting when appropriate; and
(5) State health planning for nursing home bed supply take into account increased availability of other home and community-based service options.
NEW SECTION. Sec. 3. ASSISTED LIVING. To the extent of available funding, the department of social and health services may contract with licensed boarding homes for assisted living services. The department shall develop rules that ensure that the contracted services:
(1) Recognize individual needs, privacy, and autonomy;
(2) Include, but not be limited to, personal care, nursing services, medication administration, and supportive services that promote independence and self-sufficiency;
(3) Are of sufficient scope to assure that each resident who chooses to remain in assisted living may do so, unless nursing care needs exceed the level of care defined by the department;
(4) Are directed first to those persons most likely, in the absence of assisted living services, to need hospital, nursing facility, or other out-of-home placement; and
(5) Are provided in compliance with applicable department of health facility and professional licensing laws and rules.
Sec. 4. RCW 74.42.010 and 1979 ex.s. c 211 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of social and health services and the department's employees.
(2) "Facility" refers to a nursing home as defined in RCW 18.51.010.
(3) "Licensed practical nurse" means a person licensed to practice practical nursing under chapter 18.78 RCW.
(4) "Medicaid" means Title XIX of the Social Security Act enacted by the social security amendments of 1965 (42 U.S.C. Sec. 1396; 79 Stat. 343), as amended.
(5) "Nursing care" means that care provided by a registered nurse, a licensed practical nurse, or a nursing assistant in the regular performance of their duties.
(6) "Qualified therapist" means:
(a) An activities specialist who has specialized education, training, or experience specified by the department.
(b) An audiologist who is eligible for a certificate of clinical competence in audiology or who has the equivalent education and clinical experience.
(c) A mental health professional as defined in chapter 71.05 RCW.
(d) A mental retardation professional who is a qualified therapist or a therapist approved by the department and has specialized training or one year experience in treating or working with the mentally retarded or developmentally disabled.
(e) An occupational therapist who is a graduate of a program in occupational therapy or who has equivalent education or training.
(f) A physical therapist as defined in chapter 18.74 RCW.
(g) A social worker who is a graduate of a school of social work.
(h) A speech pathologist who is eligible for a certificate of clinical competence in speech pathology or who has equivalent education and clinical experience.
(7) "Registered nurse" means a person practicing nursing under chapter 18.88 RCW.
(8) "Resident" means an individual ((recipient of medical benefits pursuant to chapter 74.09 RCW, except as to RCW 74.42.030 through 74.42.130 which shall apply to all patients)) residing in a nursing home, as defined in RCW 18.51.010.
(9) "Physician's assistant" means a person practicing pursuant to chapters 18.57A and 18.71A RCW.
(10) "Nurse practitioner" means a person practicing such expanded acts of nursing as are authorized by the board of nursing pursuant to RCW 18.88.030.
Sec. 5. RCW 70.38.111 and 1992 c 27 s 2 are each amended to read as follows:
(1) The department shall not require a certificate of need for the offering of an inpatient tertiary health service by:
(a) A health maintenance organization or a combination of health maintenance organizations if (i) the organization or combination of organizations has, in the service area of the organization or the service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals, (ii) the facility in which the service will be provided is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iii) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in the combination;
(b) A health care facility if (i) the facility primarily provides or will provide inpatient health services, (ii) the facility is or will be controlled, directly or indirectly, by a health maintenance organization or a combination of health maintenance organizations which has, in the service area of the organization or service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals, (iii) the facility is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iv) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in the combination; or
(c) A health care facility (or portion thereof) if (i) the facility is or will be leased by a health maintenance organization or combination of health maintenance organizations which has, in the service area of the organization or the service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals and, on the date the application is submitted under subsection (2) of this section, at least fifteen years remain in the term of the lease, (ii) the facility is or will be geographically located so that the service will be reasonably accessible to such enrolled individuals, and (iii) at least seventy-five percent of the patients who can reasonably be expected to receive the tertiary health service will be individuals enrolled with such organization;
if, with respect to such offering or obligation by a nursing home, the department has, upon application under subsection (2) of this section, granted an exemption from such requirement to the organization, combination of organizations, or facility.
(2) A health maintenance organization, combination of health maintenance organizations, or health care facility shall not be exempt under subsection (1) of this section from obtaining a certificate of need before offering a tertiary health service unless:
(a) It has submitted at least thirty days prior to the offering of services reviewable under RCW 70.38.105(4)(d) an application for such exemption; and
(b) The application contains such information respecting the organization, combination, or facility and the proposed offering or obligation by a nursing home as the department may require to determine if the organization or combination meets the requirements of subsection (1) of this section or the facility meets or will meet such requirements; and
(c) The department approves such application. The department shall approve or disapprove an application for exemption within thirty days of receipt of a completed application. In the case of a proposed health care facility (or portion thereof) which has not begun to provide tertiary health services on the date an application is submitted under this subsection with respect to such facility (or portion), the facility (or portion) shall meet the applicable requirements of subsection (1) of this section when the facility first provides such services. The department shall approve an application submitted under this subsection if it determines that the applicable requirements of subsection (1) of this section are met.
(3) A health care facility (or any part thereof) with respect to which an exemption was granted under subsection (1) of this section may not be sold or leased and a controlling interest in such facility or in a lease of such facility may not be acquired and a health care facility described in (1)(c) which was granted an exemption under subsection (1) of this section may not be used by any person other than the lessee described in (1)(c) unless:
(a) The department issues a certificate of need approving the sale, lease, acquisition, or use; or
(b) The department determines, upon application, that (i) the entity to which the facility is proposed to be sold or leased, which intends to acquire the controlling interest, or which intends to use the facility is a health maintenance organization or a combination of health maintenance organizations which meets the requirements of (1)(a)(i), and (ii) with respect to such facility, meets the requirements of (1)(a)(ii) or (iii) or the requirements of (1)(b)(i) and (ii).
(4) In the case of a health maintenance organization, an ambulatory care facility, or a health care facility, which ambulatory or health care facility is controlled, directly or indirectly, by a health maintenance organization or a combination of health maintenance organizations, the department may under the program apply its certificate of need requirements only to the offering of inpatient tertiary health services and then only to the extent that such offering is not exempt under the provisions of this section.
(5)(a) The department shall not require a certificate of need for the construction, development, or other establishment of a nursing home, or the addition of beds to an existing nursing home, that is owned and operated by a continuing care retirement community that:
(i) Offers services only to contractual members;
(ii) Provides its members a contractually guaranteed range of services from independent living through skilled nursing, including some assistance with daily living activities;
(iii) Contractually assumes responsibility for the cost of services exceeding the member's financial responsibility under the contract, so that no third party, with the exception of insurance purchased by the retirement community or its members, but including the medicaid program, is liable for costs of care even if the member depletes his or her personal resources;
(iv) Has offered continuing care contracts and operated a nursing home continuously since January 1, 1988, or has obtained a certificate of need to establish a nursing home;
(v) Maintains a binding agreement with the state assuring that financial liability for services to members, including nursing home services, will not fall upon the state;
(vi) Does not operate, and has not undertaken a project that would result in a number of nursing home beds in excess of one for every four living units operated by the continuing care retirement community, exclusive of nursing home beds; and
(vii) Has obtained a professional review of pricing and long-term solvency within the prior five years which was fully disclosed to members.
(b) A continuing care retirement community shall not be exempt under this subsection from obtaining a certificate of need unless:
(i) It has submitted an application for exemption at least thirty days prior to commencing construction of, is submitting an application for the licensure of, or is commencing operation of a nursing home, whichever comes first; and
(ii) The application documents to the department that the continuing care retirement community qualifies for exemption.
(c) The sale, lease, acquisition, or use of part or all of a continuing care retirement community nursing home that qualifies for exemption under this subsection shall require prior certificate of need approval to qualify for licensure as a nursing home unless the department determines such sale, lease, acquisition, or use is by a continuing care retirement community that meets the conditions of (a) of this subsection.
(6) A rural hospital, as defined by the department, reducing the number of licensed beds to become a rural primary care hospital under the provisions of Part A Title XVIII of the Social Security Act Section 1820, 42 U.S.C., 1395c et seq. may, within three years of the reduction of beds licensed under chapter 70.41 RCW, increase the number of licensed beds to no more than the previously licensed number without being subject to the provisions of this chapter.
(7) A rural health care facility licensed under RCW 70.175.100 formerly licensed as a hospital under chapter 70.41 RCW may, within three years of the effective date of the rural health care facility license, apply to the department for a hospital license and not be subject to the requirements of RCW 70.38.105(4)(a) as the construction, development, or other establishment of a new hospital, provided there is no increase in the number of beds previously licensed under chapter 70.41 RCW and there is no redistribution in the number of beds used for acute care or long-term care, the rural health care facility has been in continuous operation, and the rural health care facility has not been purchased or leased.
(8)(a) A nursing home that voluntarily reduces the number of its licensed beds to provide assisted living, licensed boarding home care, adult day care, adult day health, respite care, hospice, outpatient therapy services, congregate meals, home health, or senior wellness clinic, or to reduce to one or two the number of beds per room in the nursing home, may convert the original facility or portion of the facility back, and thereby increase the number of nursing home beds to no more than the previously licensed number of nursing home beds without being subject to the provisions of this chapter except under RCW 70.38.105(4)(d), provided the facility has been in continuous operation and has not been purchased or leased.
(b) To convert beds back to nursing home beds under this subsection, the nursing home must:
(i) Give notice of its intent to preserve conversion options to the department of health no later than thirty days after the effective date of the license reduction; and
(ii) Give notice to the department of health and to the department of social and health services of the intent to convert beds back. If construction is required for the conversion of beds back, the notice of intent to convert beds back must be given no later than two years prior to the effective date of license modification reflecting the restored beds; otherwise, the notice must be given no later than one year prior to the effective date of license modification reflecting the restored beds.
(c) Conversion of beds back under this subsection must be completed no later than four years after the effective date of the license reduction. However, for good cause shown, the four-year period for conversion may be extended by the department of health for one additional four-year period.
(d) Nursing home beds that have been voluntarily reduced under this section shall be counted as available nursing home beds for the purpose of evaluating need under RCW 70.38.115(2)(a) and (k) so long as the facility retains the ability to convert them back to nursing home use under the terms of this section.
Sec. 6. RCW 70.38.115 and 1989 1st ex.s. c 9 s 605 and 1989 c 175 s 126 are each reenacted and amended to read as follows:
(1) Certificates of need shall be issued, denied, suspended, or revoked by the designee of the secretary in accord with the provisions of this chapter and rules of the department which establish review procedures and criteria for the certificate of need program.
(2) Criteria for the review of certificate of need applications, except as provided in subsection (3) of this section for health maintenance organizations, shall include but not be limited to consideration of the following:
(a) ((Until June 30, 1990, the relationship of the health services being reviewed to the applicable health plans;
(b))) The need that the population served or to be served by such services has for such services;
(((c))) (b) The availability of less costly or more effective alternative methods of providing such services;
(((d))) (c) The financial feasibility and the probable impact of the proposal on the cost of and charges for providing health services in the community to be served;
(((e))) (d) In the case of health services to be provided, (i) the availability of alternative uses of project resources for the provision of other health services, (ii) the extent to which such proposed services will be accessible to all residents of the area to be served, and (iii) the need for and the availability in the community of services and facilities for osteopathic and allopathic physicians and their patients. The department shall consider the application in terms of its impact on existing and proposed institutional training programs for doctors of osteopathy and medicine at the student, internship, and residency training levels;
(((f))) (e) In the case of a construction project, the costs and methods of the proposed construction, including the cost and methods of energy provision, and the probable impact of the construction project reviewed (i) on the cost of providing health services by the person proposing such construction project and (ii) on the cost and charges to the public of providing health services by other persons;
(((g))) (f) The special needs and circumstances of osteopathic hospitals, nonallopathic services and children's hospitals;
(((h))) (g) Improvements or innovations in the financing and delivery of health services which foster cost containment and serve to promote quality assurance and cost-effectiveness;
(((i))) (h) In the case of health services proposed to be provided, the efficiency and appropriateness of the use of existing services and facilities similar to those proposed;
(((j))) (i) In the case of existing services or facilities, the quality of care provided by such services or facilities in the past; ((and
(k))) (j) In the case of hospital certificate of need applications, whether the hospital meets or exceeds the regional average level of charity care, as determined by the secretary; and
(k) In the case of nursing home applications:
(i) The availability of other nursing home beds in the planning area to be served; and
(ii) The availability of other services in the community to be served. Data used to determine the availability of other services will include but not be limited to data provided by the department of social and health services.
(3) A certificate of need application of a health maintenance organization or a health care facility which is controlled, directly or indirectly, by a health maintenance organization, shall be approved by the department if the department finds:
(a) Approval of such application is required to meet the needs of the members of the health maintenance organization and of the new members which such organization can reasonably be expected to enroll; and
(b) The health maintenance organization is unable to provide, through services or facilities which can reasonably be expected to be available to the organization, its health services in a reasonable and cost-effective manner which is consistent with the basic method of operation of the organization and which makes such services available on a long-term basis through physicians and other health professionals associated with it.
A health care facility, or any part thereof, with respect to which a certificate of need was issued under this subsection may not be sold or leased and a controlling interest in such facility or in a lease of such facility may not be acquired unless the department issues a certificate of need approving the sale, acquisition, or lease.
(4) Until the final expiration of the state health plan as provided under RCW 70.38.919, the decision of the department on a certificate of need application shall be consistent with the state health plan in effect, except in emergency circumstances which pose a threat to the public health. The department in making its final decision may issue a conditional certificate of need if it finds that the project is justified only under specific circumstances. The conditions shall directly relate to the project being reviewed. The conditions may be released if it can be substantiated that the conditions are no longer valid and the release of such conditions would be consistent with the purposes of this chapter.
(5) Criteria adopted for review in accordance with subsection (2) of this section may vary according to the purpose for which the particular review is being conducted or the type of health service reviewed.
(6) The department shall specify information to be required for certificate of need applications. Within fifteen days of receipt of the application, the department shall request additional information considered necessary to the application or start the review process. Applicants may decline to submit requested information through written notice to the department, in which case review starts on the date of receipt of the notice. Applications may be denied or limited because of failure to submit required and necessary information.
(7) Concurrent review is for the purpose of comparative analysis and evaluation of competing or similar projects in order to determine which of the projects may best meet identified needs. Categories of projects subject to concurrent review include at least new health care facilities, new services, and expansion of existing health care facilities. The department shall specify time periods for the submission of applications for certificates of need subject to concurrent review, which shall not exceed ninety days. Review of concurrent applications shall start fifteen days after the conclusion of the time period for submission of applications subject to concurrent review. Concurrent review periods shall be limited to one hundred fifty days, except as provided for in rules adopted by the department authorizing and limiting amendment during the course of the review, or for an unresolved pivotal issue declared by the department.
(8) Review periods for certificate of need applications other than those subject to concurrent review shall be limited to ninety days. Review periods may be extended up to thirty days if needed by a review agency, and for unresolved pivotal issues the department may extend up to an additional thirty days. A review may be extended in any case if the applicant agrees to the extension.
(9) The department or its designee, shall conduct a public hearing on a certificate of need application if requested unless the review is expedited or subject to emergency review. The department by rule shall specify the period of time within which a public hearing must be requested and requirements related to public notice of the hearing, procedures, recordkeeping and related matters.
(10) Any applicant denied a certificate of need or whose certificate of need has been suspended or revoked has the right to an adjudicative proceeding. The proceeding is governed by chapter 34.05 RCW, the Administrative Procedure Act.
(11) An amended certificate of need shall be required for the following modifications of an approved project:
(a) A new service requiring review under this chapter;
(b) An expansion of a service subject to review beyond that originally approved;
(c) An increase in bed capacity;
(d) A significant reduction in the scope of a nursing home project without a commensurate reduction in the cost of the nursing home project, or a cost increase (as represented in bids on a nursing home construction project or final cost estimates acceptable to the person to whom the certificate of need was issued) if the total of such increases exceeds twelve percent or fifty thousand dollars, whichever is greater, over the maximum capital expenditure approved. The review of reductions or cost increases shall be restricted to the continued conformance of the nursing home project with the review criteria pertaining to financial feasibility and cost containment.
(12) An application for a certificate of need for a nursing home capital expenditure which is determined by the department to be required to eliminate or prevent imminent safety hazards or correct violations of applicable licensure and accreditation standards shall be approved.
(13) In the case of an application for a certificate of need to replace existing nursing home beds, all criteria must be met on the same basis as an application for a certificate of need for a new nursing home, except that the need criteria shall be deemed met if the applicant is an existing licensee who proposes to replace existing beds that the licensee has operated for at least one year with the same or fewer number of beds in the same planning area. When an entire nursing home ceases operation, its beds shall be treated as existing nursing home beds for purposes of replacement for eight years or until a certificate of need to replace them is issued, whichever occurs first. However, the nursing home must give notice of its intent to retain the beds to the department of health no later than thirty days after the effective date of the facility's closure.
NEW SECTION. Sec. 7. A new section is added to chapter 74.14A RCW to read as follows:
The secretary shall:
(1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges.
(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:
(i) Placement within the foster care system for two years or more;
(ii) Multiple foster care placements;
(iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;
(iv) Chronic behavioral or educational problems;
(v) Repetitive criminal acts or offenses;
(vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and
(vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;
(2) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by January 1, 1995;
(3) Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within thirty days of placement;
(4) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;
(5) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth;
(6) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and
(7) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994.
NEW SECTION. Sec. 8. A new section is added to chapter 71A.20 RCW to read as follows:
The secretary shall develop a plan by July 1, 1994, that will establish the July 1, 2001, size of each residential habilitation center. The plan shall include:
(1) Specific criteria for admission to and continued residence in the residential habilitation centers consistent with the goal of delivering services to meet the needs of individuals with developmental disabilities in the least restrictive, most appropriate, and cost-effective setting;
(2) An estimate of the number of people meeting the public safety or specialized care criteria who are expected to require admission to or continued residence in state-operated care;
(3) A review of the service needs of each resident of the developmental disabilities state institutions and the level of services appropriate to maintain the person in the most normal and least restrictive setting that is consistent with the person's needs.
(4) A plan for assuring safe and quality community care for current residential habilitation center residents who do not meet residential habilitation center placement criteria;
(5) Proposed uses for excess institutional grounds and buildings by other governmental or private entities in ways that the proceeds will benefit individuals with developmental disabilities; and
(6) Strategies to retrain and/or provide new jobs in developmental disability community care or in other public service for any staff not needed in residential habilitation centers.
NEW SECTION. Sec. 9. Sections 1 through 3, 11, and 12 of this act shall constitute a new chapter in Title 74 RCW.
NEW SECTION. Sec. 10. Section captions as used in this act constitute no part of the law.
NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
Debate ensued.
POINT OF INQUIRY
Senator Newhouse: "Senator Talmadge, can you tell me what the fiscal impact of this bill is and how it is related to our budget for this session?"
Senator Talmadge: "My understanding, Senator Newhouse, is that the language in the budget provides for the conversion of some nursing home beds and provides for some incentives for taking people out of the nursing home setting and having them treated in the less-expensive community programs. This facilitates the process by which that placement of elderly people in community programs can take place and it will save us some money, because the nursing home beds are more expensive than treating people in home-based care--community-based care."
Senator Newhouse: "We're talking about saving six or seven million dollars, are we, for the biennium?"
Senator Talmadge: "I believe that is correct. Senator Rinehart can confirm that, but it is not only a cost saving, but, I think, that the way we have now worked it, it is a superior policy than what we now have for dealing with the needs of people in long-term care."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Talmadge and Deccio to Substitute House Bill No. 2098.
The motion by Senator Deccio carried and the striking amendment to Substitute House Bill No. 2098 was adopted.
MOTIONS
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 2 of the title, after "development;" strike the remainder of the title and insert "amending RCW 74.42.010 and 70.38.111; reenacting and amending RCW 70.38.115; adding a new section to chapter 74.14A RCW; adding a new section to chapter 71A.20 RCW; adding a new chapter to Title 74 RCW; creating a new section; and declaring an emergency."
On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 2098, as amended by the Senate, 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 House Bill No. 2098, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2098, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 7; Absent, 2; Excused, 3.
Voting yea: Senators Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 37.
Voting nay: Senators Anderson, Cantu, Hochstatter, Newhouse, Oke, Sellar and Smith, L. - 7.
Absent: Senators McDonald and Spanel - 2.
Excused: Senators Amondson, McCaslin and Niemi - 3.
SUBSTITUTE HOUSE BILL NO. 2098, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 2070, by House Committee on Human Services (originally sponsored by Representatives Patterson, Leonard, Brough, Shin and Karahalios)
Modify financial responsibility for juvenile offenders.
The bill was read the second time.
MOTIONS
Senator Rinehart moved that the following amendment by Senators Rinehart and Spanel be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.40.220 and 1977 ex.s. c 291 s 76 are each amended to read as follows:
(1) Whenever legal custody of a child is vested in someone other than his or her parents, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum representing in whole or in part the costs of support, treatment, and confinement of the child after the decree is entered.
(2) Whenever legal custody of a child is vested in the department of social and health services, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court shall order and decree that the parent or other legally obligated person shall pay for support, treatment, and confinement of the child after the decree is entered, following the department of social and health services reimbursement of cost schedule. The department of social and health services shall collect the debt in accordance with chapter 43.20B RCW. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.
(3) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt."
Senator Hargrove moved that the following amendment by Senators Hargrove and Haugen to the striking amendment by Senators Rinehart and Spanel be adopted:
On page 1, line 24 of the amendment, after "schedule." insert "The amount awarded by the court shall not exceed the amount specified in the child support schedule under chapter 26.19 RCW."
Debate ensued.
Senator Jesernig 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 Senators Hargrove and Haugen to the striking amendment by Senators Rinehart and Spanel to Substitute House Bill No. 2070.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 20; Nays, 25; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Barr, Cantu, Deccio, Erwin, Hargrove, Haugen, Hochstatter, McDonald, Nelson, Newhouse, Oke, Owen, Roach, Sellar, Smith, L., von Reichbauer, West, Williams and Winsley - 20.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Jesernig, Loveland, McAuliffe, Moore, Moyer, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild and Wojahn - 25.
Absent: Senator Spanel - 1.
Excused: Senators Amondson, McCaslin and Niemi - 3.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Rinehart and Spanel to Substitute House Bill No. 2070.
The striking amendment by Senators Rinehart and Spanel to Substitute House Bill No. 2070 was adopted.
MOTIONS
On motion of Senator Rinehart, the following title amendment was adopted:
On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "and amending RCW 13.40.220."
On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2070, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Williams, Senator Spanel was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2070, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2070, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 14; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, West and Wojahn - 31.
Voting nay: Senators Anderson, Barr, Cantu, Hargrove, Hochstatter, Moyer, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, Williams and Winsley - 14.
Excused: Senators Amondson, McCaslin, Niemi and Spanel - 4.
SUBSTITUTE HOUSE BILL NO. 2070, as amended by the Senate, 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. 5969, by Senators Vognild and Nelson (by request of Transportation Improvement Board)
Issuing bonds for the transportation improvement board.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5969 was substituted for Senate Bill No. 5969 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. 5969 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. 5969.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5969 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 3; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.
Voting nay: Senators Cantu, Oke and Sellar - 3.
Absent: Senator Smith, L. - 1.
Excused: Senators Amondson, McCaslin, Niemi and Spanel - 4.
SUBSTITUTE SENATE BILL NO. 5969, 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 12:56 p.m., on motion of Senator Jesernig, the Senate recessed until 5:00 p.m.
The Senate was called to order at 5:05 p.m. by President Pritchard.
There being no objection, the President reverted the Senate to the third order of business.
MESSAGE FROM THE GOVERNOR
April 23, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 23, 1993, Governor Lowry approved the following Senate Bills entitled:
Senate Bill No. 5082
Relating to poultry farming.
Engrossed Senate Bill No. 5101
Relating to motorcycle fees.
Senate Bill No. 5125
Relating to commercial salmon fishing licenses.
Senate Bill No. 5139
Relating to consolidation of the state capital historical association and the Washington state historical society.
Substitute Senate Bill No. 5148
Relating to penalties for improper use of parking spaces for disabled persons.
Engrossed Senate Bill No. 5217
Relating to public contracts.
Senate Bill No. 5229
Relating to creating department of transportation and Washington state patrol's rule-making authority to govern state rest area activities.
Senate Bill No. 5302
Relating to food fish and shellfish.
Engrossed Substitute Senate Bill No. 5320
Relating to limits on phosphorus contents in certain detergents.
Senate Bill No. 5324
Relating to correcting a double amendment related to reimbursement for school transportation costs.
Substitute Senate Bill No. 5368
Relating to a sales tax exemption for Washington boats sold to residents of foreign countries.
Engrossed Senate Bill No. 5378
Relating to horticultural plants and facilities.
Senate Bill No. 5384
Relating to performance-based compensation of investment advisers.
Senate Bill No. 5426
Relating to overweight permits for trucks.
Engrossed Senate Bill No. 5427
Relating to maximum gross weight tire factors.
Engrossed Senate Bill No. 5442
Relating to tow trucks.
Engrossed Substitute Senate Bill No. 5515
Relating to employee rights regarding industrial insurance claims.
Substitute Senate Bill No. 5535
Relating to the excise tax on large trucks.
Engrossed Senate Bill No. 5580
Relating to regulation of manufactured housing construction and safety.
Senate Bill No. 5597
Relating to documentary materials.
Senate Bill No. 5660
Relating to the citizens' exchange program.
Substitute Senate Bill No. 5678
Relating to exempting domestic wineries from chapter 20.01 RCW.
Substitute Senate Bill No. 5699
Relating to the Pacific Northwest Economic Region.
Substitute Senate Bill No. 5744
Relating to streets that are part of the state highway system.
Engrossed Substitute Senate Bill No. 5778
Relating to a joint underwriting association for midwives and birthing centers.
Senate Bill No. 5841
Relating to shaken baby syndrome.
Substitute Senate Bill No. 5889
Relating to teacher training.
Sincerely,
Ed Fleisher, Legal Counsel to the Governor
There being no objection, the President advanced the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The Speaker has signed:
HOUSE BILL NO. 1689,
SUBSTITUTE HOUSE BILL NO. 1727,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1744,
SUBSTITUTE HOUSE BILL NO. 1784,
SUBSTITUTE HOUSE BILL NO. 1802,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1806,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818,
ENGROSSED HOUSE BILL NO. 1845,
HOUSE BILL NO. 1858,
SUBSTITUTE HOUSE BILL NO. 1907,
HOUSE BILL NO. 1911,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922,
SUBSTITUTE HOUSE BILL NO. 1948,
HOUSE BILL NO. 2008,
SUBSTITUTE HOUSE BILL NO. 2023,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2054,
HOUSE JOINT MEMORIAL NO. 4021,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4403, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 24, 1993
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1089,
SUBSTITUTE HOUSE BILL NO. 1100,
SUBSTITUTE HOUSE BILL NO. 1195,
SUBSTITUTE HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1226,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1233,
SUBSTITUTE SENATE BILL NO. 5686,
SUBSTITUTE SENATE BILL NO. 5688,
SUBSTITUTE SENATE BILL NO. 5736,
SENATE BILL NO. 5838, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 24, 1993
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5352,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1197 and passed the bill as amended by the Senate.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House receded from its position in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1673 and passed the bill as amended by the Senate.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1910 and passed the bill as recommended by the Conference Committee.
ALAN THOMPSON, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1089,
SUBSTITUTE HOUSE BILL NO. 1100,
SUBSTITUTE HOUSE BILL NO. 1195,
SUBSTITUTE HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1226,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1233.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1689,
SUBSTITUTE HOUSE BILL NO. 1727,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1744,
SUBSTITUTE HOUSE BILL NO. 1784,
SUBSTITUTE HOUSE BILL NO. 1802,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1806,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818,
ENGROSSED HOUSE BILL NO. 1845,
HOUSE BILL NO. 1858,
SUBSTITUTE HOUSE BILL NO. 1907,
HOUSE BILL NO. 1911,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922,
SUBSTITUTE HOUSE BILL NO. 1948,
HOUSE BILL NO. 2008,
SUBSTITUTE HOUSE BILL NO. 2023,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2054,
HOUSE JOINT MEMORIAL NO. 4021,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4403.
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1021 and again asks the Senate for a conference thereon.
ALAN THOMPSON, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate refuses to grant the request of the House for a conference on Substitute House Bill No. 1021, adheres to its position regarding the Senate amendment(s) and asks the House to concur therein.
MOTIONS
On motion of Senator Oke, Senators Prince, Linda Smith and West were excused.
On motion of Senator Loveland, Senators Drew, Gaspard, Rinehart, Sutherland and Snyder were excused.
MESSAGE FROM THE HOUSE
April 21, 1993
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Rust, J. Kohl and Horn.
ALAN THOMPSON, Chief Clerk
MOTION
On motion of Senator Skratek, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 1785 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1785 and the Senate amendment(s) thereto: Senators Skratek, Barr and Fraser.
MOTION
On motion of Senator Skratek, the Conference Committee appointments were confirmed.
REPORT OF CONFERENCE COMMITTEE
EHB 1175 April 23, 1993
Includes "NEW ITEM": YES
Regarding the study of American Indian languages
and cultures in the common schools
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 1175, American Indian lang/culture, have had the same under consideration and we recommend that:
The Senate Committee on Education amendment(s) adopted, as amended, on April 16, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.150.220 and 1990 c 33 s 105 are each amended to read as follows:
(1) For the purposes of this section and RCW 28A.150.250 and 28A.150.260:
(a) The term "total program hour offering" shall mean those hours when students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences which are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.
(b) "Instruction in work skills" shall include instruction in one or more of the following areas: Industrial arts, home and family life education, business and office education, distributive education, agricultural education, health occupations education, vocational education, trade and industrial education, technical education and career education.
(2) Satisfaction of the basic education goal identified in RCW 28A.150.210 shall be considered to be implemented by the following program requirements:
(a) Each school district shall make available to students in kindergarten at least a total program offering of four hundred fifty hours. The program shall include reading, arithmetic, language skills and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;
(b) Each school district shall make available to students in grades one through three, at least a total program hour offering of two thousand seven hundred hours. A minimum of ninety-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include ((foreign)) languages other than English, including American Indian languages), mathematics, social studies, science, music, art, health and physical education. The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;
(c) Each school district shall make available to students in grades four through six at least a total program hour offering of two thousand nine hundred seventy hours. A minimum of ninety percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include ((foreign)) languages other than English, including American Indian languages), mathematics, social studies, science, music, art, health and physical education. The remaining ten percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;
(d) Each school district shall make available to students in grades seven through eight, at least a total program hour offering of one thousand nine hundred eighty hours. A minimum of eighty-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include ((foreign)) languages other than English, including American Indian languages), mathematics, social studies, science, music, art, health and physical education. A minimum of ten percent of the total program hour offerings shall be in the area of work skills. The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;
(e) Each school district shall make available to students in grades nine through twelve at least a total program hour offering of four thousand three hundred twenty hours. A minimum of sixty percent of the total program hour offerings shall be in the basic skills areas of language arts, ((foreign)) languages other than English, which may be American Indian languages, mathematics, social studies, science, music, art, health and physical education. A minimum of twenty percent of the total program hour offerings shall be in the area of work skills. The remaining twenty percent of the total program hour offerings may include traffic safety or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades, with not less than one-half thereof in basic skills and/or work skills: PROVIDED, That each school district shall have the option of including grade nine within the program hour offering requirements of grades seven and eight so long as such requirements for grades seven through nine are increased to two thousand nine hundred seventy hours and such requirements for grades ten through twelve are decreased to three thousand two hundred forty hours.
(3) In order to provide flexibility to the local school districts in the setting of their curricula, and in order to maintain the intent of this legislation, which is to stress the instruction of basic skills and work skills, any local school district may establish minimum course mix percentages that deviate by up to five percentage points above or below those minimums required by subsection (2) of this section, so long as the total program hour requirement is still met.
(4) Nothing contained in subsection (2) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
(5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
(6) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish: PROVIDED, That each school district board of directors shall establish the basis and means for determining and monitoring the district's compliance with the basic skills and work skills percentage and course requirements of this section. The certification of the board of directors and the superintendent of a school district that the district is in compliance with such basic skills and work skills requirements may be accepted by the superintendent of public instruction and the state board of education.
(7) Handicapped education programs, vocational-technical institute programs, state institution and state residential school programs, all of which programs are conducted for the common school age, kindergarten through secondary school program students encompassed by this section, shall be exempt from the basic skills and work skills percentage and course requirements of this section in order that the unique needs, abilities or limitations of such students may be met.
(8) Any school district may petition the state board of education for a reduction in the total program hour offering requirements for one or more of the grade level groupings specified in this section. The state board of education shall grant all such petitions that are accompanied by an assurance that the minimum total program hour offering requirements in one or more other grade level groupings will be exceeded concurrently by no less than the number of hours of the reduction.
Sec. 2. RCW 28A.150.220 and 1992 c 141 s 503 are each amended to read as follows:
(1) Satisfaction of the basic education program requirements identified in RCW 28A.150.210 shall be considered to be implemented by the following program:
(a) Each school district shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. The program shall include instruction in the essential academic learning requirements under RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;
(b) Each school district shall make available to students enrolled in grades one through twelve, at least a district-wide annual average total instructional hour offering of one thousand hours. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts including fewer than twelve grades. The program shall include the essential academic learning requirements under RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such group;
(c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages.
(2) Nothing contained in subsection (1) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
(3) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
(4) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.
Sec. 3. RCW 28A.230.090 and 1992 c 141 s 402 and 1992 c 60 s 1 are each reenacted and amended to read as follows:
(1) The state board of education shall establish high school graduation requirements or equivalencies for students. Any course in Washington state history and government used to fulfill high school graduation requirements is encouraged to include information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.
(2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.
(3) Pursuant to any ((foreign language)) requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district ((foreign language)) graduation requirement for instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:
(a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.
(5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. Subsection (4) of this section shall also apply to students enrolled in high school on April 11, 1990, who took the courses before attending high school.
Sec. 4. RCW 28A.600.060 and 1991 c 116 s 22 are each amended to read as follows:
The recipients of the Washington state honors awards shall be selected based on student achievement in both verbal and quantitative areas, as measured by a test or tests of general achievement selected by the superintendent of public instruction, and shall include student performance in the academic core areas of English, mathematics, science, social studies, and ((foreign
)) languages other than English, which may be American Indian languages. The performance level in such academic core subjects shall be determined by grade point averages, numbers of credits earned, and courses enrolled in during the beginning of the senior year.NEW SECTION. Sec. 5. Section 2 of this act shall take effect September 1, 2000. However, section 2 of this act shall not take effect if, by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place."
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.150.220, 28A.150.220, and 28A.600.060; reenacting and amending RCW 28A.230.090; and providing a contingent effective date.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Pelz, Roach, McAuliffe; Representatives Dorn, Brough, Jacobsen.
MOTION
On motion of Senator Adam Smith, the Senate adopted the Report of the Conference Committee on Engrossed House Bill No. 1175.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1175, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1175, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 2; Absent, 0; Excused, 10.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Talmadge, Vognild, Williams, Winsley and Wojahn - 37.
Voting nay: Senators McDonald and von Reichbauer - 2.
Excused: Senators Drew, Gaspard, Niemi, Prince, Rinehart, Smith, L., Snyder, Spanel, Sutherland and West - 10.
ENGROSSED HOUSE BILL NO. 1175, as recommended by the Conference Committee, 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.
REPORT OF CONFERENCE COMMITTEE
ESHB 1374 April 23, 1993
Includes "NEW ITEM": YES
Changing provisions relating to the teacher
admission to practice examination
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374, Teacher examination fees, have had the same under consideration and we recommend that:
The Senate Committee on Education striking amendment(s) adopted on April 13, 1993, be not adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.410.030 and 1991 c 116 s 21 are each amended to read as follows:
(1) Effective May 1, 1996, the state board of education shall require ((a uniform state admission to practice examination for)) teacher certification candidates((. Commencing August 31, 1993, teacher certification candidates completing a teacher preparation program shall be required)) applying for initial certification to pass an ((admission to practice examination)) individual assessment before being granted an initial certificate. The assessment shall include but not be limited to essay questions. The requirement shall be waived for out-of-state applicants with more than three years of teaching experience. The ((examination)) assessment shall test knowledge and competence in subjects including, but not limited to, instructional skills, classroom management, ((and)) student behavior and development((. The examination shall consist primarily of essay questions)), oral and written language skills, student performance-based assessment skills, and other knowledge, skills, and attributes needed to be successful in assisting all students, including students with diverse and unique needs, in achieving mastery of the essential academic learning requirements established pursuant to RCW 28A.630.885. In administering the assessment, the state board shall address the needs of certification candidates who have specific learning disabilities or physical conditions that may require special consideration in taking the assessment.
(2) The state board of education shall adopt such rules as may be necessary to implement this section, including, but not limited to, rules establishing the fees assessed persons who apply to take the assessment and the circumstances, if any, under which such fees may be refunded in whole or part. Fees shall be set at a level not higher than the costs for administering the tests. Fees shall not include costs of developing the test. Fee revenues received under this section shall be deposited in the teacher assessment revolving fund hereby established in the custody of the state treasurer. The fund is subject to the allotment procedures provided under chapter 43.88 RCW, but no appropriation is required for disbursement. The superintendent of public instruction shall be responsible for administering the assessment program consistent with state board of education rules. The superintendent of public instruction shall expend moneys from the teacher assessment revolving fund exclusively for the direct and indirect costs of establishing, equipping, maintaining, and operating the assessment
program.
(3) The state board of education shall only require the assessment in subsection (1) of this section when the legislature appropriates funds to develop the assessment under this section."
On page 1, line 2 of the title, after "candidates;" strike the remainder of the title and insert "and amending RCW 28A.410.030.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Pelz, Hochstatter, McAuliffe; Representatives Dorn, Brough, Cothern.
MOTION
Senator Pelz moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1374.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Pelz that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1374.
The motion by Senator Pelz carried and the Report of the Conference Committee on Engrossed Substitute House Bill No. 1374 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1374, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1374, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 6; Absent, 0; Excused, 8.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Sutherland, von Reichbauer, Williams and Winsley - 35.
Voting nay: Senators Franklin, Jesernig, Moore, Talmadge, Vognild and Wojahn - 6.
Excused: Senators Drew, Gaspard, Niemi, Rinehart, Smith, L., Snyder, Spanel and West - 8.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SENATE BILL NO. 5076,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304,
SENATE BILL NO. 5577, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067 and has passed the bill as recommended by the Conference Committee.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026 and has passed the bill as recommended by the Conference Committee.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1931 and has passed the bill as recommended by the Conference Committee.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED HOUSE BILL NO. 1748 and has passed the bill as recommended by the Conference Committee.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541 and has passed the bill as recommended by the Conference Committee.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1069 and has passed the bill as recommended by the Conference Committee.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5407 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SSB 5407 April 23, 1993
Includes "NEW ITEM": YES
Regarding county administration of agricultural burning permits
MR. SPEAKER:
MR. PRESIDENT:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5407, regarding county administration of agricultural burning permits, have had the same under consideration and we recommend that the House Environmental Affairs Committee striking amendment be adopted with the following change:
On page 3, line 18 of the committee striking amendment, strike section 2 and insert:
"Sec. 2. RCW 70.94.654 and 1991 c 199 s 409 are each amended to read as follows:
Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district ((which is outside the jurisdictional boundaries of an activated air pollution control authority)) is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70.94.650 and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon ((its)) finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Fraser, Barr, Loveland; Representatives Rust, L. Johnson, Horn.
MOTION
Senator Fraser moved that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 5407.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Fraser that the Senate do adopt the Report of the Conference Committee on Substitute Senate Bill No. 5407.
The motion by Senator Fraser carried and the Report of the Conference Committee on Substitute Senate Bill No. 5407 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5407, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5407, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 42.
Excused: Senators Drew, Gaspard, Niemi, Rinehart, Smith, L., Spanel and West - 7.
SUBSTITUTE SENATE BILL NO. 5407, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5704 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
SSB 5704 April 22, 1993
Includes "NEW ITEM": YES
Penalizing unlawful factoring of credit card transactions
MR. SPEAKER:
MR. PRESIDENT:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5704, penalizing unlawful factoring of credit card transactions, have had the same under consideration and we recommend that the House Judiciary Committee amendment not be adopted and the bill be amended as follows:
On page 2, line 15, after "person" strike all material through "RCW" on line 17, and insert ", with intent to commit fraud or theft against a cardholder, credit card issuer, or financial institution, causes any such party or parties to suffer actual monetary damages that in the aggregate exceed one thousand dollars", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Adam Smith, McCaslin, Quigley; Representatives Appelwick, Ludwig, Padden.
MOTION
On motion of Senator Adam Smith, the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5704.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5704, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5704, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 43.
Excused: Senators Gaspard, Niemi, Rinehart, Smith, L., Spanel and West - 6.
SUBSTITUTE SENATE BILL NO. 5704, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SENATE BILL NO. 5745 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
ESB 5745 April 21, 1993
Includes "NEW ITEM": YES
Creating the PNWER-Net working group
MR. SPEAKER:
MR. PRESIDENT:
We of your Conference Committee, to whom was referred ENGROSSED SENATE BILL NO. 5745, creating the PNWER-Net working group, have had the same under consideration and we recommend that the House Appropriations Committee Amendment not be adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. In chapter 251, Laws of 1991, the legislature enacted into law the Pacific Northwest economic region agreement and made the state of Washington a party along with member states Alaska, Idaho, Montana, and Oregon, and member Canadian provinces Alberta and British Columbia. The legislature recognized that the member states and provinces of the Pacific Northwest economic region are in a strategic position to act together, as a region, thus increasing the overall competitiveness of the members and providing substantial economic benefits for all of their citizens.
For those reasons, in chapter 251, Laws of 1991, the legislature also encouraged the establishment of cooperative activities between the seven legislative bodies of the Pacific Northwest economic region. The member states and provinces now desire to engage in such cooperation by electronically sharing twenty-two million volumes from certain of their respective universities. The member states and provinces have determined that such interlibrary sharing will provide substantial economic benefit for their citizens. The legislature agrees, specifically also finding that such interlibrary sharing furthers a major component of education strategy in the 1990's and twenty-first century, namely providing increased access to knowledge via technology.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, as used in sections 1 through 5 of this act "PNWER-Net" means the technology network to be created by the member states and provinces of the Pacific Northwest economic region that will be capable of electronically linking the following undergraduate university libraries of the member states and provinces:
(1) Alaska:
(a) University of Alaska, Anchorage;
(b) University of Alaska, Juneau;
(2) Alberta:
(a) University of Alberta, Calgary;
(b) University of Alberta, Edmonton;
(3) British Columbia:
(a) University of British Columbia, Vancouver;
(b) University of Victoria, Victoria;
(4) Idaho:
(a) Boise State University, Boise;
(b) University of Idaho, Moscow;
(5) Montana:
(a) Montana State University, Bozeman;
(b) University of Montana, Missoula;
(6) Oregon:
(a) Oregon State University, Corvallis;
(b) University of Oregon, Eugene;
(7) Washington:
(a) University of Washington, Seattle; and
(b) Washington State University, Pullman.
NEW SECTION. Sec. 3. (1) The PNWER-Net working subgroup is hereby created for the member state of Washington. The working subgroup shall be composed of seven members as follows: Two members of the senate, one from each of the major caucuses, appointed by the president of the senate; two members of the house of representatives, appointed by the speaker of the house of representatives; the state librarian; and the primary undergraduate academic librarian from each of the state's two research institutions of higher education.
(2) The staff support shall be provided by the senate committee services and, to the extent authorized by the chief clerk of the house of representatives, by the house of representatives office of program research as mutually agreed by the legislators on the working group.
(3) Legislative members shall be reimbursed for expenses in accordance with RCW 44.04.120. Non-legislative members shall be reimbursed for expenses in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 4. The PNWER-Net working subgroup shall have the following duties:
(1) To work with working subgroups from other member states and provinces in an entity known as the PNWER-Net working group to develop PNWER-Net;
(2) To assist the PNWER-Net working group in developing criteria to ensure that designated member libraries use existing telecommunications infrastructure including the internet; and
(3) To report to the legislature by December 1, 1994, concerning the status of PNWER-Net.
NEW SECTION. Sec. 5.
The PNWER-Net working group may accept gifts, grants, and donations from private individuals and entities made for the purposes of sections 1 through 4 of this act.NEW SECTION. Sec. 6.
Sections 1 through 5 of this act are each added to chapter 43.147 RCW.", and that the bill do pass as recommended by the conference committee.Signed by: Senators Bauer, Bluechel, Sheldon; Representatives Sommers, Finkbeiner.
MOTION
Senator Bauer moved that the Senate adopt the Report of the Conference Committee on Engrossed Senate Bill No. 5745.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Bauer that the Senate do adopt the Report of the Conference Committee on Engrossed Senate Bill No. 5745.
The motion by Senator Bauer carried and the Report of the Conference Committee on Engrossed Senate Bill No. 5745 was adopted.
POINT OF ORDER
Senator Nelson: "A point of order, Mr. President. I note in Section 5, now, of the bill--the Conference Report that we have now adopted--that it has the phrasing and the actual exact wording that a section of a previous bill that dealt with gifts being received--grants and donations--by private individuals for the purposes of being used for the rest of the act. We had similar language in a measure that provided to the Secretary of State the ability to receive gifts and grants for the purposes of then purchasing mementos like flags and the rest. I would like the President to rule whether or not this then becomes an exception to Initiative 134.
REPLY BY THE PRESIDENT
President Pritchard: "Senator Bluechel, do you wish to respond to this?"
REMARKS BY SENATOR BLUECHEL
Senator Bluechel: "Mr. President, in this working group, the private sector has provided the funds to carry on the work. It is composed of two representatives from each House--from each state and province. One of the issues that has been before us is that one private sector organization provided a consultant to work with this group to develop the technical language that was not available through any of the public entities. This is the whole basis of which PNWER-Net operates with private sector donations. The enabling act of PNWER-Net has simply said that private sector donations will be solicited to match or to exceed the funds from each state and province."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5745, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5745, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Jesernig and Sutherland - 2.
Excused: Senators Niemi, Rinehart, Smith, L., Spanel and West - 5.
ENGROSSED SENATE BILL NO. 5745, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5815 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
ESSB 5815 April 22, 1993
Includes "NEW ITEM": YES
Concerning seizure and forfeiture
MR. SPEAKER:
MR. PRESIDENT:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5815, concerning seizure and forfeiture, have had the same under consideration and we recommend that all previous amendments not be adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 69.50.505 and 1992 c 211 s 1 are each amended to read as follows:
(a) The following are subject to seizure and forfeiture and no property right exists in them:
(1) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as defined in RCW 64.44.010, used or intended to be used in the manufacture of controlled substances;
(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) or (2);
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, in any manner to facilitate the sale, delivery, or receipt of property described in paragraphs (1) or (2), except that:
(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if used in the receipt of only an amount of marijuana for which possession constitutes a misdemeanor under RCW 69.50.401(e);
(iv) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
(v) When the owner of a conveyance has been arrested under this chapter or chapter 69.41 or 69.52 RCW the conveyance in which the person is arrested may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;
(5) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter or chapter 69.41 or 69.52 RCW;
(6) All drug paraphernalia;
(7) All moneys, negotiable instruments, securities, or other tangible or intangible property of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds traceable to an exchange or series of exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter or chapter 69.41 or 69.52 RCW((: PROVIDED, That)). A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission((: PROVIDED FURTHER, That)). No personal property may be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission which that owner establishes was committed or omitted without the owner's knowledge or consent; and
(8) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements which are being used with the knowledge of the owner for the manufacturing, compounding, processing, delivery, importing, or exporting of any controlled substance, or which have been acquired in whole or in part with proceeds traceable to an exchange or series of exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, if such activity is not less than a class C felony and a substantial nexus exists between the commercial production or sale of the controlled substance and the real property((: PROVIDED, That)). However:
(i) No property may be forfeited pursuant to this subsection, to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend drug, or imitation controlled substance shall not result in the forfeiture of real property;
(iii) The possession of marijuana shall not result in the forfeiture of real property unless the marijuana is possessed for commercial purposes, the amount possessed is five or more plants or one pound or more of marijuana, and a substantial nexus exists between the possession of marijuana and the real property. In such a case, the intent of the offender shall be determined by the preponderance of the evidence, including the offender's prior criminal history, the amount of marijuana possessed by the offender, the sophistication of the activity or equipment used by the offender, and other evidence which demonstrates the offender's intent to engage in commercial activity;
(iv) The unlawful sale of marijuana or a legend drug shall not result in the forfeiture of real property unless the sale was forty grams or more in the case of marijuana or one hundred dollars or more in the case of a legend drug, and a substantial nexus exists between the unlawful sale and the real property; and
(v) A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission.
(b) Real or personal property subject to forfeiture under this chapter may be seized by any board inspector or law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure of real property shall include the filing of a lis pendens by the seizing agency. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later: PROVIDED, That real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Seizure of personal property without process may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(3) A board inspector or law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The board inspector or law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(c) In the event of seizure pursuant to subsection (b), proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure of real property shall be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title. The notice of seizure in other cases may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure.
(d) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (a)(4), (a)(7), or (a)(8) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the item seized shall be deemed forfeited. The community property interest in real property of a person whose spouse committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(e) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction ((if the aggregate value of the article or articles involved is more than five hundred dollars)). Removal of any matter involving personal property may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. In cases involving personal property, the burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving real property, the burden of producing evidence shall be upon the law enforcement agency. The burden of proof that the seized real property is subject to forfeiture shall be upon the law enforcement agency. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) of this section.
(f) When property is forfeited under this chapter the board or seizing law enforcement agency may:
(1) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the provisions of this chapter;
(2) Sell that which is not required to be destroyed by law and which is not harmful to the public;
(3) Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accordance with law; or
(4) Forward it to the drug enforcement administration for disposition.
(g)(1) When property is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the property, the disposition of the property, the value of the property at the time of seizure, and the amount of proceeds realized from disposition of the property.
(2) Each seizing agency shall retain records of forfeited property for at least seven years.
(3) Each seizing agency shall file a report including a copy of the records of forfeited property with the state treasurer each calendar quarter.
(4) The quarterly report need not include a record of forfeited property that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(h)(1) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar year. Money remitted shall be deposited in the drug enforcement and education account under RCW 69.50.520.
(2) The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure; and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents, and the cost of any valid landlord's claim for damages under subsection (n) of this section.
(3) The value of sold forfeited property is the sale price. The value of retained forfeited property is the fair market value of the property at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained property. If an appraiser is used, the value of the property appraised is net of the cost of the appraisal. The value of destroyed property and retained firearms or illegal property is zero.
(i) Forfeited property and net proceeds not required to be paid to the state treasurer shall be retained by the seizing law enforcement agency exclusively for the expansion and improvement of controlled substances related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
(j) Controlled substances listed in Schedule I, II, III, IV, and V that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in Schedule I, II, III, IV, and V, which are seized or come into the possession of the board, the owners of which are unknown, are contraband and shall be summarily forfeited to the board.
(k) Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the board.
(l) The failure, upon demand by a board inspector or law enforcement officer, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration or proof that he is the holder thereof constitutes authority for the seizure and forfeiture of the plants.
(m) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules. Such an order shall be filed by the seizing agency in the county auditor's records in the county in which the real property is located.
(n) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited under subsection (f)(2) of this section, only if:
(l) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and
(2) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law enforcement officer prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under (2) of this subsection are insufficient to satisfy the damage directly caused by a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency operates within thirty days after the search;
(ii) Only if the governmental entity denies or fails to respond to the landlord's claim within sixty days of the date of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of the sixty-day period, whichever occurs first, a claim with the seizing law enforcement agency. The seizing law enforcement agency must notify the landlord of the status of the claim by the end of the thirty-day period. Nothing in this section requires the claim to be paid by the end of the sixty-day or thirty-day period.
(3) For any claim filed under (2) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency under RCW 59.18.075, within seven days of receipt of notification of the illegal activity.
(o) The landlord's claim for damages under subsection (n) of this section may not include a claim for loss of business and is limited to:
(1) Damage to tangible property and clean-up costs;
(2) The lesser of the cost of repair or fair market value of the damage directly caused by a law enforcement officer;
(3) The proceeds from the sale of the specific tenant's property seized and forfeited under subsection (f)(2) of this section; and
(4) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the tenant's property and costs related to sale of the tenant's property as provided by subsection (h)(2) of this section.
(p) Subsections (n) and (o) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (n) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency.
NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:
(1) A vehicle driven by or under the actual physical control of the owner of the vehicle in violation of RCW 46.61.502 or 46.61.504 is, upon the conviction of the owner when that conviction is the second or subsequent conviction for a violation of RCW 46.61.502 or 46.61.504 within a five-year period, subject to seizure and forfeiture and no property right exists in that vehicle.
A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the violation of RCW 46.61.502 or 46.61.504.
(2) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(3) A seizure under subsection (2) of this section automatically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title.
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.
(5) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession of the vehicle.
(6) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title.
(7) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.
(8) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
(9) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(10) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(11) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.
(12) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(13) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.
NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:
(1) Whenever a person is charged with a violation of RCW 46.61.502 or 46.61.504 and that person has been previously convicted for a violation of RCW 46.61.502 or 46.61.504 within a five-year period, the court shall instruct the person charged of the provisions of section 5 of this act and shall immediately forward notice of the charge to the director.
(2) Upon the conviction or acquittal of the person charged or if a pending charge is otherwise terminated, the court shall immediately forward notice of the conviction, acquittal, or other termination of charge to the director.
NEW SECTION. Sec. 4. A new section is added to chapter 46.12 RCW to read as follows:
Upon receiving notice of a charge under section 3 of this act, the director shall withhold the issuance of a certificate of ownership on a vehicle subject to section 5 of this act unless the applicant is included in the exceptions listed in that section or until receiving notice of acquittal or other termination of the charge under section 3 of this act.
NEW SECTION. Sec. 5. A new section is added to chapter 46.12 RCW to read as follows:
It is unlawful to convey, sell, or transfer the ownership of a motor vehicle that was driven by or was under the actual physical control of the owner of the vehicle who has previously been convicted for a violation of RCW 46.61.502 or 46.61.504 within a five-year period and is currently charged with a violation of RCW 46.61.502 or 46.61.504, except that:
(1) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party; and
(2) A leased vehicle may be transferred to the lessor or to a person designated by the lessor.
Sec. 6. RCW 46.12.270 and 1969 ex.s. c 125 s 3 are each amended to read as follows:
Any person violating ((the provisions of)) RCW 46.12.250 ((or)), 46.12.260 ((shall be)), or section 5 of this act is guilty of a misdemeanor and shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in a county jail for not more than ninety days."
On page 1, line 1 of the title, after "forfeiture;" strike the remainder of the title and insert "amending RCW 69.50.505 and 46.12.270; adding new sections to chapter 46.61 RCW; adding new sections to chapter 46.12 RCW; and prescribing penalties.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Adam Smith, West, Quigley; Representatives Appelwick, Riley, Padden.
MOTION
On motion of Senator Adam Smith, the Senate adopted the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5815.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5815, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5815, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
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, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 44.
Excused: Senators Niemi, Rinehart, Smith, L., Spanel and West - 5.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5815, as recommended by the Conference Committee, 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 Adam Smith, Senator Vognild was excused.
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SECOND SUBSTITUTE SENATE BILL NO. 5836 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
2SSB 5836 April 22, 1993
Includes "NEW ITEM": YES
Redefining the relationship between the state and its postsecondary institutions
MR. SPEAKER:
MR. PRESIDENT:
We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL 5836, redefining the relationship between the state and its postsecondary institutions, have had the same under consideration and we recommend that the House Higher Education Committee amendments not be adopted, and that the following Conference Committee striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds a need to redefine the relationship between the state and its postsecondary education institutions through a compact based on trust, evidence, and a new alignment of responsibilities. As the proportion of the state budget dedicated to postsecondary education programs has continued to decrease and the opportunity for this state's citizens to participate in such programs also has declined, the state institutions of higher education have increasingly less flexibility to respond to emerging challenges through innovative management and programming. The legislature finds that this state has not provided its institutions of higher education with the ability to effectively achieve state-wide goals and objectives to increase access to, improve the quality of, and enhance the accountability for its postsecondary education system.
Therefore, the legislature declares that the policy of the state of Washington is to create an environment in which the state institutions of higher education have the authority and flexibility to enhance attainment of state-wide goals and objectives for the state's postsecondary education system through decisions and actions at the local level. The policy shall have the following attributes:
(1) The accomplishment of equitable and adequate enrollment by significantly raising enrollment lids, adequately funding those increases, and providing sufficient financial aid for the neediest students;
(2) The development and use of a new definition of quality measured by effective operations and clear results; the efficient use of funds to achieve well-educated students;
(3) The attainment of a new resource management relationship that removes the state from micromanagement, allows institutions greater management autonomy to focus resources on essential functions, and encourages innovation; and
(4) The development of a system of coordinated planning and sufficient feedback to assure policymakers and citizens that students are succeeding and resources are being prudently deployed.
NEW SECTION. Sec. 2. A new section is added to chapter 28B.80 RCW to read as follows:
(1) At the local level, the higher education institutional responsibilities include but are not limited to:
(a) Development and provision of strategic plans under the guidelines established by the higher education coordinating board. In developing their strategic plans, the research universities shall consider the feasibility of significantly increasing the number of evening graduate classes;
(b) For the four-year institutions of higher education, timely provision of information required by the higher education coordinating board to report to the governor, the legislature, and the citizens;
(c) Provision of local student financial aid delivery systems to achieve both state-wide goals and institutional objectives in concert with state-wide policy; and
(d) Operating as efficiently as feasible within institutional missions and goals.
(2) At the state level, the higher education coordinating board shall be responsible for:
(a) Delineation and coordination of strategic plans to be prepared by the institutions;
(b) Preparation of reports to the governor, the legislature, and the citizens on program accomplishments and use of resources by the institutions;
(c) Administration and policy implementation for state-wide student financial aid programs; and
(d) Assistance to institutions in improving operational efficiency through measures that include periodic review of program efficiencies.
(3) At the state level, on behalf of community colleges and technical colleges, the state board for community and technical colleges shall coordinate and report on the system's strategic plans and shall provide any information required of its colleges by the higher education coordinating board.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.80 RCW to read as follows:
In cooperation with institutions of higher education, the state board for community and technical colleges, and appropriate state and local agencies, the higher education coordinating board may identify methods to reduce administrative barriers to efficient institutional operations. These methods may include waivers of statutory requirements and administrative rules. The higher education coordinating board shall report to the governor and appropriate legislative committees its recommendations for any statutory changes necessary to enhance institutional efficiencies. In cooperation with affected institutions, the board shall work with appropriate agencies to reduce administrative barriers that do not require statutory changes.
NEW SECTION. Sec. 4. A new section is added to chapter 28B.80 RCW to read as follows:
The higher education coordinating board, in conjunction with the four-year institutions of higher education, shall conduct a study of higher education system operations to identify efficiencies to increase access to, improve the quality of, and reduce the cost of higher education. This study shall include but not be limited to:
(1) Examining potential unnecessary duplicative and low-productivity programs for possible consolidation or termination;
(2) Developing criteria for and conducting an evaluation of faculty productivity;
(3) Reviewing and developing recommendations on appropriate institutional roles for providing remedial instruction;
(4) Exploring the potential for greater use of the public higher education system physical plant and other resources through such means as expanded operations during summer terms, evenings, and weekends;
(5) Examining the effectiveness of proposals on variable tuition rates and faculty salary incentives; and
(6) Identifying ways for institutions to share resources, faculty, and curricula through collaboration with other public and private postsecondary institutions and common school districts in their service areas to increase student opportunities and reduce costs. Analyses shall include clear articulation of functions among institutions, means to reduce duplication, and policies to facilitate student movement among institutions.
NEW SECTION. Sec. 5. A new section is added to chapter 28B.80 RCW to read as follows:
The higher education coordinating board, in conjunction with the state board for community and technical colleges and the institutions of higher education, shall report regularly to the legislature and the citizens the accomplishments of, expenditures for, and requirements of the postsecondary educational system in the state of Washington. The state board for community and technical colleges and the state institutions of higher education shall report uniformly to the higher education coordinating board, on an annual basis, the information necessary to prepare the report. Independent colleges and universities are encouraged to cooperate with this effort and to provide to the board information in a uniform format developed by the board, in cooperation with the institutions. Examples of performance measures that could be included are:
(1) Retention and graduation rates;
(2) Average time to a degree;
(3) Credit hours per degree awarded;
(4) Degrees awarded by discipline and by level;
(5) Multiple degrees;
(6) Measures taken to reduce duplicative courses, programs, and requirements;
(7) Student-faculty contact hours;
(8) Placement rates;
(9) Success in recruiting and graduating underrepresented groups;
(10) Various fiscal and management measures; and
(11) Demographic information on enrolled students, including but not limited to socioeconomic and ethnic backgrounds.
Sec. 6. RCW 28B.80.330 and 1985 c 370 s 4 are each amended to read as follows:
The board shall perform the following planning duties in consultation with the four-year institutions, the community and technical college system, and when appropriate the ((commission for vocational education)) work force training and education coordinating board, the superintendent of public instruction ((for the vocational-technical institutes)), and the independent higher educational institutions:
(1) Develop and establish role and mission statements for each of the four-year institutions and for the community and technical college system;
(2) Identify the state's higher education goals, objectives, and priorities;
(3) Prepare a comprehensive master plan which includes but is not limited to:
(a) Assessments of the state's higher education needs. These assessments may include, but are not limited to: The basic and continuing needs of various age groups; business and industrial needs for a skilled workforce; analyses of demographic, social, and economic trends; consideration of the changing ethnic composition of the population and the special needs arising from such trends; college attendance, retention, and dropout rates, and the needs of recent high school graduates and placebound adults. The board should consider the needs of residents of all geographic regions, but its initial priorities should be applied to heavily populated areas underserved by public institutions;
(b) Recommendations on enrollment and other policies and actions to meet those needs;
(c) Guidelines for continuing education, adult education, public service, and other higher education programs.
The initial plan shall be submitted to the governor and the legislature by December 1, 1987. Comments on the plan from the board's advisory committees and the institutions shall be submitted with the plan.
The plan shall be updated ((biennially)) every four years, and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature shall, by concurrent resolution, approve or recommend changes to the initial plan, and the ((biennial)) updates. The plan shall then become state higher education policy unless legislation is enacted to alter the policies set forth in the plan;
(4) Review, evaluate, and make recommendations on operating and capital budget requests from four-year institutions and the community and technical college system, based on the elements outlined in subsections (1), (2), and (3) of this section, and on guidelines which outline the board's fiscal priorities. These guidelines shall be distributed to the institutions and the community college board by December of each odd-numbered year. The institutions and the community college board shall submit an outline of their proposed budgets, identifying major components, to the board no later than August 1 of each even-numbered year. The board shall submit recommendations on the proposed budgets and on the board's budget priorities to the office of financial management before October 15 of each even-numbered year, and to the legislature by January 1 of each odd-numbered year;
(5) Recommend legislation affecting higher education;
(6) Recommend tuition and fees policies and levels based on comparisons with peer institutions;
(7) Establish priorities and develop recommendations on financial aid based on comparisons with peer institutions;
(8) Prepare recommendations on merging or closing institutions; and
(9) Develop criteria for identifying the need for new baccalaureate institutions.
NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Bauer, Prince; Representatives Jacobsen, Brumsickle, Quall.
MOTION
On motion of Senator Bauer, the Senate adopted the Report of the Conference Committee on Second Substitute Senate Bill No. 5836.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5836, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5836, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 42.
Voting nay: Senator Anderson - 1.
Excused: Senators Niemi, Rinehart, Smith, L., Spanel, Vognild and West - 6.
SECOND SUBSTITUTE SENATE BILL NO. 5836, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5948 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
REPORT OF CONFERENCE COMMITTEE
ESSB 5948 April 22, 1993
Includes "NEW ITEM": YES
Modifying process and procedures for disciplining of health care professionals
MR. SPEAKER:
MR. PRESIDENT:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5948, modifying process and procedures for disciplining of health care professionals, have had the same under consideration and we recommend that the House Health Care Committee amendment, as amended, adopted April 17, 1993, be adopted with the following change:
On page 2, line 26, of the amendment strike all of subsection (3) and insert
"(3) Only upon the authorization of a disciplinary authority identified in RCW 18.130.040(2)(b), the secretary, or his or her designee, may serve as the presiding officer for any disciplinary proceedings of the disciplinary authority authorized under this chapter. The presiding officer shall not vote on any final decision. All functions performed by the presiding officer shall be subject to chapter 34.05 RCW. The secretary, in consultation with the disciplinary authorities, shall adopt procedures for implementing this subsection. This subsection shall not apply to the board of funeral directors and embalmers.", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Talmadge, Deccio, Niemi; Representatives L. Johnson, Campbell, Dyer.
MOTION
Senator Talmadge moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5948.
POINT OF INQUIRY
Senator Nelson: "Senator Talmadge, I notice, and you brought up the fact, that we have removed in Section 3 the pharmacists and pharmacy assistants. Where, now, do those individual disciplines find themselves in the process of complaints that might be rendered against them? We've stricken them from--"
Senator Talmadge: "I'm not for certain what--"
Senator Nelson: "We've stricken them here from Chapter 18.130 and where have we put them now? Where do individuals go if they have a complaint against a pharmacist or a pharmacy assistant? In the old language, it was all under the Board of Pharmacy."
Senator Talmadge: "They are under the Uniform Disciplinary Act, Senator. If you go to Section 4, you will find health care assistants in Section xiii on page 6 and the pharmacists in ix. Both are under the Disciplinary Act. The idea was to take and have these health care professionals be under the same set of standards for discipline as we provide for all other professionals rather than have them handle disciplinary matters in a separate setting. It is under RCW 18.130, the State's Uniform Disciplinary Act. These individuals would be handled in the same way that we handle all other health care professionals."
Senator Nelson: "Well, I went there, Senator Talmadge, and I couldn't find pharmacists in that section."
Senator Talmadge: "In Section 4 on page 5 and page 6? Line 4 on page 6 is health care assistants certified under chapter 18.135."
Senator Nelson: "That's pharmacists?"
Senator Talmadge: No, that's health care assistants. On page 6, lines 29 and 30, the board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW, which are pharmacists."
Senator Nelson: "Thank you."
The President declared the question before the Senate to be the motion by Senator Talmadge that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5948.
The motion by Senator Talmadge carried and the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5948 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5948, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5948, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
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, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 43.
Excused: Senators Niemi, Rinehart, Smith, L., Spanel, Vognild and West - 6.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5948, as recommended by the Conference Committee, 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.
MESSAGE FROM THE HOUSE
April 18, 1993
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5966 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that continued operation of state veterans' homes is necessary to meet the needs of eligible veterans for shelter, personal and nursing care, and related services; that certain residents of veterans' homes or services provided to them may be eligible for participation in the state's medicaid reimbursement system; and that authorizing medicaid participation is appropriate to address the homes' long-term funding needs. The legislature also finds that it is important to maintain the dignity and self-respect of residents of veterans' homes, by providing for continued resident involvement in the homes' operation, and through retention of current law guaranteeing a minimum amount of allowable personal income necessary to meet the greater costs for these residents of transportation, communication, and participation in family and community activities that are vitally important to their maintenance and rehabilitation.
NEW SECTION. Sec. 2. A new section is added to chapter 72.36 RCW to read as follows:
Qualifying operations at state veterans' homes operated by the department of veterans affairs, may be provided under the state's medicaid reimbursement system as administered by the department of social and health services.
The department of veterans affairs may contract with the department of social and health services under the authority of RCW 74.09.120 but the provisions of RCW 74.46.420 through 74.46.590 shall not apply to the medicaid rate-setting and reimbursement systems. The nursing care operations at the state veterans' homes shall be subject to inspection by the department of social and health services. This includes every part of the state veterans' home's premises, an examination of all records, including financial records, methods of administration, general and special dietary programs, the disbursement of drugs, methods of supply, and any other records the department deems relevant.
NEW SECTION. Sec. 3. A new section is added to chapter 72.36 RCW to read as follows:
The department of veterans affairs shall provide by rule for the annual election of a resident council for each state veterans' home. The council shall annually elect a chair from among its members, who shall call and preside at council meetings. The resident council shall serve in an advisory capacity to the director of the department of veterans affairs and to the superintendent in all matters related to policy and operational decisions affecting resident care and life in the home.
By October 31, 1993, the department shall adopt rules that provide for specific duties and procedures of the resident council which create an appropriate and effective relationship between residents and the administration. These rules shall be adopted after consultation with the resident councils and the state long-term care ombuds, and shall include, but not be limited to the following:
(1) Provision of staff technical assistance to the councils;
(2) Provision of an active role for residents in developing choices regarding activities, foods, living arrangements, personal care, and other aspects of resident life;
(3) A procedure for resolving resident grievances; and
(4) The role of the councils in assuring that resident rights are observed.
The development of these rules should include consultation with all residents through the use of both questionnaires and group discussions.
The resident council for each state veterans' home shall annually review the proposed expenditures from the benefit fund that shall contain all private donations to the home, all bequeaths, and gifts. Disbursements from each benefit fund shall be for the benefit and welfare of the residents of the state veteran's homes. Disbursements form the benefits funds shall be on the authorization of the superintendent or his or her authorized representative after approval has been received from the home's resident council.
The superintendent or his or her designated representative shall meet with the resident council at least monthly. The director of the department of veterans affairs shall meet with each resident council at least three times each year.
Sec. 4. RCW 72.36.020 and 1977 c 31 s 2 are each amended to read as follows:
The director of the department of veterans affairs shall appoint a superintendent for ((the state soldiers' home and colony, and a superintendent for the Washington veterans' home, who, with the consent of the director, may be styled, respectively, "commandant of the home")) each state veterans' home. The superintendent shall exercise management and control of the institution in accordance with either policies ((and/or)) or procedures promulgated by the director of the department of veterans affairs, or both, and rules and regulations of the department. In accordance with chapter 18.52 RCW, the individual appointed as superintendent for either state veterans' home shall be a licensed nursing home administrator. The department may request a waiver to, or seek an alternate method of compliance with, the federal requirement for a licensed on-site administrator during a transition phase from July 1, 1993, to June 30, 1994.
Sec. 5. RCW 72.36.030 and 1977 ex.s. c 186 s 1 are each amended to read as follows:
((All honorably discharged veterans who have served the United States government in any of its wars, and members of the state militia disabled while in the line of duty, may be admitted to the state soldiers' home at Orting under such rules and regulations as may be adopted by the department: PROVIDED, That such applicants have been actual bona fide residents of this state at the time of their application, and are indigent and unable to support themselves: PROVIDED FURTHER, That the surviving spouses of all veterans and members of the state militia disabled while in the line of duty, who were members of a soldiers' home or colony or veterans' home in this state or entitled to admission thereto at the time of death, and surviving spouses of all such veterans and members of the state militia, who would have been entitled to admission to a soldiers' home or colony or veterans' home in this state at the time of death, but for the fact that they were not indigent and unable to earn a support for themselves and families, which spouses have since the death of their husbands or wives, become indigent and unable to earn a support for themselves shall be admitted to such home: PROVIDED, FURTHER, That such spouses are not less than fifty years of age and were married and living with their husbands or wives on or before three years prior to the date of their application, and have not been married since the decease of their husbands or wives to any person not a member of a soldiers' home or colony or veterans' home in this state or entitled to admission thereto: AND PROVIDED, FURTHER, That sufficient facilities and resources are available to accommodate such applicant.)) All of the following persons who have been actual bona fide residents of this state at the time of their application, and who are indigent and unable to support themselves and their families may be admitted to a state veterans' home under rules as may be adopted by the director of the department, unless sufficient facilities and resources are not available to accommodate these people:
(1)(a) All honorably discharged veterans of a branch of the armed forces of the United States or merchant marines; (b) members of the state militia disabled while in the line of duty; and (c) the spouses of these veterans, merchant marines, and members of the state militia. However, it is required that the spouse was married to and living with the veteran three years prior to the date of application for admittance, or, if married to him or her since that date, was also a resident of a state veterans' home in this state or entitled to admission thereto;
(2)(a) The spouses of: (i) All honorably discharged veterans of the United States armed forces; (ii) merchant marines; and (iii) members of the state militia who were disabled while in the line of duty and who were residents of a state veterans' home in this state or were entitled to admission to one of this state's state veteran homes at the time of death; (b) the spouses of: (i) All honorably discharged veterans of a branch of the United States armed forces; (ii) merchant marines; and (iii) members of the state militia who would have been entitled to admission to one of this state's state veterans' homes at the time of death, but for the fact that the spouse was not indigent, but has since become indigent and unable to support himself or herself and his or her family. However, the included spouse shall be at least fifty years old and have been married to and living with their husband or wife for three years prior to the date of their application. The included spouse shall not have been married since the death of his or her husband or wife to a person who is not a resident of one of this state's state veterans' homes or entitled to admission to one of this state's state veterans' homes; and
(3) All applicants for admission to a state veterans' home shall apply for all federal and state benefits for which they may be eligible, including medical assistance under chapter 74.09 RCW.
Sec. 6. RCW 72.36.035 and 1991 c 240 s 2 are each amended to read as follows:
For purposes of this chapter, unless the context clearly indicates otherwise((,)):
(1) "Actual bona fide residents of this state" ((shall mean)) means persons who have a domicile in the state of Washington immediately prior to application for ((membership in the soldiers' home or colony or veterans')) admission to a state veterans' home.
((The term)) (2) "Department" means the Washington state department of veterans affairs.
(3) "Domicile" ((shall mean)) means a person's true, fixed, and permanent home and place of habitation, and shall be the place where the person intends to remain, and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere.
(4) "State veterans' home" means either the Washington soldiers' home and colony in Orting, or the Washington veterans' home in Retsil, or both.
(5) "Veteran" has the same meaning established in RCW 41.04.005.
Sec. 7. RCW 72.36.120 and 1977 ex.s. c 186 s 7 are each amended to read as follows:
((All income of members of the soldiers' home in excess of allowable income shall be deposited in the soldiers' home revolving fund as established in section 55, chapter 269, Laws of 1975 1st ex. sess. (uncodified, and herein continued and reenacted).
(1) Allowable income shall be defined by the rules and regulations adopted by the department: PROVIDED, That the allowable income of members accepted for membership shall not be decreased below one hundred sixty dollars per month during periods that such members are resident thereat.
(2) Disbursements from the soldiers' home revolving fund shall be for the benefit and welfare of all members of the soldiers' home and such disbursements shall be on the authorization of the superintendent or his authorized representative after approval has been received from a duly constituted body representative of the members.
(3) In order to maintain an effective expenditure and revenue control, the soldiers' home revolving fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditures from such funds.)) All income of residents of a state veterans' home, other than the personal needs allowance, shall be deposited in the state general fund--local and be available to apply against the cost of care provided by the state veterans' homes. The resident council created under section 3 of this act may make recommendations on expenditures under this subsection. All expenditures and revenue control shall be subject to chapter 43.88 RCW.
Sec. 8. RCW 74.09.120 and 1992 c 8 s 1 are each amended to read as follows:
The department shall purchase necessary physician and dentist services by contract or "fee for service." The department shall purchase nursing home care by contract. The department shall establish regulations for reasonable nursing home accounting and reimbursement systems which shall provide that no payment shall be made to a nursing home which does not permit inspection by the department of social and health services of every part of its premises and an examination of all records, including financial records, methods of administration, general and special dietary programs, the disbursement of drugs and methods of supply, and any other records the department deems relevant to the establishment of such a system.
The department may purchase nursing home care by contract in veterans' homes operated by the state department of veterans affairs. The department shall establish rules for reasonable accounting and reimbursement systems for such care.
The department may purchase care in institutions for the mentally retarded, also known as intermediate care facilities for the mentally retarded. The department shall establish rules for reasonable accounting and reimbursement systems for such care. Institutions for the mentally retarded include licensed nursing homes, public institutions, licensed boarding homes with fifteen beds or less, and hospital facilities certified as intermediate care facilities for the mentally retarded under the federal medicaid program to provide health, habilitative, or rehabilitative services and twenty-four hour supervision for mentally retarded individuals or persons with related conditions and includes in the program "active treatment" as federally defined.
The department may purchase care in institutions for mental diseases by contract. The department shall establish rules for reasonable accounting and reimbursement systems for such care. Institutions for mental diseases are certified under the federal medicaid program and primarily engaged in providing diagnosis, treatment, or care to persons with mental diseases, including medical attention, nursing care, and related services.
The department may purchase all other services provided under this chapter by contract or at rates established by the department.
NEW SECTION. Sec. 9. A new section is added to chapter 72.36 RCW to read as follows:
The legislature finds that to meet the objectives of section 1, chapter ...., Laws of 1993 (section 1 of this act), the personal needs allowance for all residents of the state veterans' homes, including both domiciliary and nursing care residents, shall be an amount approved by the federal health care financing authority, but not less than ninety dollars or more than one hundred sixty dollars per month during periods of residency.
NEW SECTION. Sec. 10. A new section is added to chapter 72.36 RCW to read as follows:
No reduction in the allowable income provided for in current department rules may take effect until the effective date of certification of qualifying operations at state veterans' homes for participation in the state's medicaid reimbursement system.
NEW SECTION. Sec. 11. RCW 72.36.080 and 1977 ex.s. c 186 s 5, 1975 c 13 s 2, 1973 1st ex.s. c 154 s 104, & 1959 c 28 s 72.36.080 are each repealed.
NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.", and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
MOTION
On motion of Senator Jesernig, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5966 and asks the House to recede therefrom.
REPORT OF CONFERENCE COMMITTEE
SHB 1855 April 23, 1993
Includes "NEW ITEM": YES
Enabling accreditation of the insurance commissioner
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1855, Insurance commissioner accred, have had the same under consideration and we recommend that:
The Senate amendments by Senators Moore and Rinehart to page 17, line 25, and page 114, after line 2, adopted on April 16, 1993, be not adopted, and that the following Conference Committee amendments to page 17, line 25; page 55, after line 3; and page 112, after line 37; and the title amendment on page 1, line 8, be adopted:
On page 17, line 25, after "to" strike "shareholder" and insert "shareholders or"
On page 55, after line 3, insert the following:
"NEW SECTION. Sec. 51. A new section is added to chapter 48.01 RCW to read as follows:
(1) An insurer, health care service contractor, or health maintenance organization that offers coverage for dental services and is in full compliance with all applicable laws under chapter 48.05, 48.44, or 48.46 RCW governing the financial supervision and solvency of such organizations, including but not limited to laws concerning capital and surplus requirements, reserves, deposits, bonds, and indemnities, may provide coverage for dental services, to individuals and to employers for the benefit of employees or for the benefit of employees and their dependents, by separate policy, contract, or rider. If an individual or an employer purchases coverage for dental services from such a company and the coverage is part of the uniform benefits package designed by the Washington health services commission, the certified health plan covering the individual, employees, or employees and dependents need not provide dental services under the uniform benefits package. A certified health plan may subcontract with such a company to provide any dental services required under the uniform benefits package.
(2) An insurer, health care service contractor, or health maintenance organization described in subsection (1) of this section is deemed certified and registered as a certified health plan under sections 427 and 432 of chapter . . ., Laws of 1993 (Engrossed Second Substitute Senate Bill No. 5304) for the delivery of coverage for dental services. The Washington health services commission and the commissioner shall adopt standards and procedures to permit, upon request, the prompt certification and registration of such a company. Such a company may offer coverage for dental services supplemental to the uniform benefits package, but the supplemental benefits are not subject to sections 428, 452, and 453 of chapter . . ., Laws of 1993 (Engrossed Second Substitute Senate Bill No. 5304)."
Renumber the sections following consecutively and correct internal references accordingly.
On page 112, after line 37, insert the following:
"NEW SECTION. Sec. 103. A new section is added to chapter 48.01 RCW to read as follows:
The activities and operations of mental health regional support networks, to the extent they pertain to the operation of a medical assistance managed care system in accordance with chapters 71.24 and 74.09 RCW, are exempt from the requirements of this title."
Renumber the sections following consecutively and correct internal references accordingly.
On line 8 of the title, after "48.03 RCW;" insert "adding new sections to chapter 48.01 RCW;", and that the bill do pass as recommended by the Conference Committee.
Signed by: Senators Moore, Newhouse, Fraser; Representatives Zellinsky, Mielke, Kessler.
MOTION
On motion of Senator Moore, the Senate adopted the Report of the Conference Committee on Substitute House Bill No. 1855.
MOTION
On motion of Senator Prentice, Senator Owen was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1855, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1855, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 3; Absent, 0; Excused, 6.
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, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Sutherland, von Reichbauer, Williams and Winsley - 40.
Voting nay: Senators Nelson, Talmadge and Wojahn - 3.
Excused: Senators Niemi, Owen, Smith, L., Spanel, Vognild and West - 6.
SUBSTITUTE HOUSE BILL NO. 1855, as recommended by the Conference Committee, 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 6:17 p.m., on motion of Senator Jesernig, the Senate recessed until 6:45 p.m.
The Senate was called to order at 6:55 p.m. by President Pritchard.
MESSAGES FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House receded from its amendment(s) to SENATE BILL NO. 5851, and has passed the bill without said amendment(s), and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 24, 1993
MR. PRESIDENT:
The House receded from its amendment(s) to SENATE BILL NO. 5251, and has passed the bill without said amendment(s), and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1993
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1493 and again asks the Senate for a conference thereon, and the same are herewith transmitted.
MARILYN SHOWALTER, Deputy Chief Clerk
MOTION
On motion of Senator Skratek, the rules were suspended, Engrossed Substitute House Bill No. 1493 was returned to second reading and read the second time.
MOTION
Senator Williams moved that the Senate reconsider the vote by which the Committee on Trade, Technology and Economic Development amendment, as amended, April 16, 1993, was adopted.
The President declared the question before the Senate to be the motion by Senator Williams to reconsider the vote by which the Committee on Trade, Technology and Economic Development amendment, as amended, was adopted.
The motion for reconsideration of the Committee on Trade, Technology and Economic Development amendment, as amended, carried.
MOTION
On motion of Senator Williams, the following amendment by Senators Williams and Skratek to the Committee on Trade, Technology and Economic Development amendment, on reconsideration, was adopted:
On page 16, beginning on line 13, strike section 30 and insert the following:
"NEW SECTION. Sec. 30. A new section is added to chapter 43.86A RCW to read as follows:
(1) The state treasurer shall establish a linked deposit program for investment of deposits in qualified public depositaries. As a condition of participating in the program, qualified public depositaries must make qualifying loans as provided in this section. The state treasurer may purchase a certificate of deposit that is equal to the amount of the qualifying loan made by the qualified public depositary or may purchase a certificate of deposit that is equal to the aggregate amount of two or more qualifying loans made by one or more qualified public depositaries.
(2) Qualifying loans made under this section are those that:
(a) Are loans that have terms that do not exceed ten years;
(b) Are made to a minority or women's business enterprise that has received state certification under chapter 39.19 RCW;
(c) Are made to minority or women's business enterprises that are considered a small business as defined in RCW 43.31.025;
(d) Are made where the interest rate on the loan to the minority or women's business enterprise does not exceed an interest rate that is two hundred basis points below the interest rate the qualified public depositary would charge for a loan for a similar purpose and a similar term; and
(e) Are made where the points or fees charged at loan closing do not exceed one percent of the loan amount.
(3) In setting interest rates of time certificate of deposits, the state treasurer shall offer rates so that a two hundred basis point preference will be given to the qualified public depositary."
The President declared the question before the Senate to be the adoption of the Committee on Trade, Technology and Economic Development amendment, as amended on reconsideration.
The Committee on Trade, Technology and Economic Development amendment, as amended on reconsideration, was adopted.
MOTION
On motion of Senator Skratek, the rules were suspended, Engrossed Substitute House Bill No. 1493, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Oke, Senator Barr was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1493, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1493, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 4; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 39.
Voting nay: Senators Amondson, Cantu, Newhouse and Sutherland - 4.
Excused: Senators Barr, Niemi, Smith, L., Spanel, Vognild and West - 6.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1493, as amended by the Senate under suspension of the rules, 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.
MESSAGE FROM THE HOUSE
April 20, 1993
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Lock, Sommers and Brumsickle.
ALAN THOMPSON, Chief Clerk
MOTION
On motion of Senator Bauer, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 1509 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1509 and the Senate amendment(s) thereto: Senators Bauer, West and Rinehart.
MOTION
On motion of Senator Bauer, the Conference Committee appointments were confirmed.
REPORT OF CONFERENCE COMMITTEE
ESHB 1209 April 23, 1993
Includes "NEW ITEM": YES
Reforming education
MR. PRESIDENT:
MR. SPEAKER:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209, Education reform, have had the same under consideration and we recommend that:
The Senate Committee on Education striking amendment(s) adopted, as amended, on April 13, 1993, be not adopted, and that the following Conference Committee striking amendments be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that student achievement in Washington must be improved to keep pace with societal changes, changes in the workplace, and an increasingly competitive international economy.
To increase student achievement, the legislature finds that the state of Washington needs to develop a public school system that focuses more on the educational performance of students, that includes high expectations for all students, and that provides more flexibility for school boards and educators in how instruction is provided.
The legislature further finds that improving student achievement will require:
(1) Establishing what is expected of students, with standards set at internationally competitive levels;
(2) Parents to be primary partners in the education of their children, and to play a significantly greater role in local school decision making;
(3) Students taking more responsibility for their education;
(4) Time and resources for educators to collaboratively develop and implement strategies for improved student learning;
(5) Making instructional programs more relevant to students' future plans;
(6) All parties responsible for education to focus more on what is best for students; and
(7) An educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation.
It is the intent of the legislature to provide students the opportunity to achieve at significantly higher levels, and to provide alternative or additional instructional opportunities to help students who are having difficulty meeting the essential academic learning requirements in RCW 28A.630.885.
It is also the intent of the legislature that students who have met or exceeded the essential academic learning requirements be provided with alternative or additional instructional opportunities to help advance their educational experience.
The provisions of chapter . . ., Laws of 1993 (this act) shall not be construed to change current state requirements for students who receive home-based instruction under chapter 28A.200 RCW, or for students who attend state-approved private schools under chapter 28A.195 RCW.
PART I
STUDENT LEARNING GOALS
Sec. 101. RCW 28A.150.210 and 1977 ex.s. c 359 s 2 are each amended to read as follows:
The goal of the Basic Education Act for the schools of the state of Washington set forth in this ((1977 amendatory act)) chapter shall be to provide students with the opportunity to ((achieve those skills which are generally recognized as requisite to learning. Those skills shall include the ability:
(1) To distinguish, interpret and make use of words, numbers and other symbols, including sound, colors, shapes and textures;
(2) To organize words and other symbols into acceptable verbal and nonverbal forms of expression, and numbers into their appropriate functions;
(3) To perform intellectual functions such as problem solving, decision making, goal setting, selecting, planning, predicting, experimenting, ordering and evaluating; and
(4) To use various muscles necessary for coordinating physical and mental functions)) become 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, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:
(1) Read with comprehension, write with skill, and 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; civics and history; geography; arts; and health and fitness;
(3) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and
(4) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities.
NEW SECTION. Sec. 102. Section 101 of this act shall take effect September 1, 1994.
PART II
COMMISSION ON STUDENT LEARNING
NEW SECTION. Sec. 201. A new section is added to chapter 28A.630 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.885 and 28A.300.130.
(1) "Commission" means the commission on student learning created in RCW 28A.630.885.
(2) "Student learning goals" mean the goals established in RCW 28A.150.210.
(3) "Essential academic learning requirements" means more specific academic and technical skills and knowledge, based on the student learning goals, as determined under RCW 28A.630.885(3)(a). Essential academic learning requirements shall not limit the instructional strategies used by schools or school districts or require the use of specific curriculum.
(4) "Performance standards" or "standards" means the criteria used to determine if a student has successfully learned the specific knowledge or skill being assessed as determined under RCW 28A.630.885(3)(b). The standards should be set at internationally competitive levels.
(5) "Assessment system" or "student assessment system" means a series of assessments used to determine if students have successfully learned the essential academic learning requirements. The assessment system shall be developed under RCW 28A.630.885(3)(b).
(6) "Performance-based education system" means an education system in which a significantly greater emphasis is placed on how well students are learning, and significantly less emphasis is placed on state-level laws and rules that dictate how instruction is to be provided. The performance-based education system does not require that schools use an outcome-based instructional model. Decisions regarding how instruction is provided are to be made, to the greatest extent possible, by schools and school districts, not by the state.
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)) the knowledge and skills all public school students need to know and be able to do based on the student learning goals ((of the governor's council on education reform and funding)) in RCW 28A.150.210, to develop student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system. 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)) June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. 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)) racial and ethnic 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) The commission shall begin its substantive work subject to subsection (1) of this section.
(4))) (2) 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))) (3) The commission, with the assistance of the ((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)) based on the student learning goals ((identified by the council on education reform and funding)) in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
(b) ((By December 1, 1995,)) (i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary ((grades)), middle, and high school years 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)) assessment methods, including performance-based measures that are criterion-referenced. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.
(ii) 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)) have not ((master)) mastered the essential academic learning requirements at the appropriate periods in the student's educational development. ((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, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.))
(iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1997-98 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.
(iv) Before the 2000-2001 school year, participation by school districts in the assessment system shall be optional. School districts that desire to participate before the 2000-2001 school year shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-2001 school year, all school districts shall be required to participate in the assessment system.
(v) The state board of education and superintendent of public instruction may modify the essential academic learning requirements and academic assessment system, as needed, in subsequent school years.
(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;
(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)) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. ((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)) make recommendations 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, 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 modify the assessment system, as needed, in subsequent school years)) regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to continue to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education;
(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;
(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))) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;
(f) 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 system((s 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 for public school students that ((would assist schools in adopting strategies designed to help students achieve the essential learning requirements)) are consistent with the essential academic learning requirements and the certificate of mastery;
(((j))) (h) By December 1, ((1996)) 1998, recommend to the legislature, governor, state board of education, and superintendent of public instruction:
(i) A state-wide accountability system to monitor and 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)) The accountability system shall be designed to recognize the characteristics of the student population of schools and school districts such as gender, race, ethnicity, socioeconomic status, and other factors. The system shall include school-site, school district, and state-level accountability reports;
(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements;
(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements; and
(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements. School staff shall determine how the awards will be spent.
It is the intent of the legislature to begin implementation of programs in this subsection (3)(h) on September 1, 2000;
(((k))) (i) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and
(((l) Complete other tasks, as appropriate)) (j) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(((6))) (4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(((7))) (5) 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))) (6) The commission shall select an entity to provide staff support and the office of ((financial management)) the superintendent of public instruction shall ((contract with that entity)) provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of ((financial management)) the 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))) (7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
PART III
STUDENT LEARNING IMPROVEMENT GRANTS
NEW SECTION. Sec. 301. A new section is added to chapter 28A.300 RCW to read as follows:
(1) To the extent funds are appropriated, the office of the superintendent of public instruction shall provide student learning improvement grants for the 1994-95 through 1996-97 school years. The purpose of the grants is to provide funds for additional time and resources for staff development and planning intended to improve student learning for all students, including students with diverse needs, consistent with the student learning goals in RCW 28A.150.210.
(2) To be eligible for student learning improvement grants, school district boards of directors shall:
(a) Adopt a policy regarding the sharing of instructional decisions with school staff, parents, and community members;
(b) Submit school-based applications that have been developed by school building personnel, parents, and community members. Each application shall:
(i) Enumerate specific activities to be carried out as part of the grant;
(ii) Identify the technical resources desired and availability of those resources;
(iii) Include a proposed budget; and
(iv) Indicate that the application was approved by the school principal and representatives of teachers, parents, and the community.
(3) The school board shall conduct at least one public hearing on schools' plans for using the grants before the board approves the plans. Boards may hear and approve more than one school's plan at a hearing. The board shall only submit applications for grants to the superintendent of public instruction if the board has approved the plans.
(4) If the requirements of subsections (2) and (3) of this section are met, the superintendent of public instruction shall approve the grant application.
(5) To the extent funds are appropriated, and for allocation purposes only, the amount of grants for the 1994-95 school year shall be based on time equivalent to no fewer than three days and not more than five days depending upon the number of grant applications received and on the number of full-time equivalent certificated staff, classified instructional aides, and classified secretaries who work in the school at the time of application. For the 1995-96 and 1996-97 school years, the equivalent of five days annually shall be provided. The allocation per full-time equivalent staff shall be determined in the biennial operating appropriations act. School districts shall use all funds received under this section solely for grants to schools and shall not use any portion of the funds for indirect costs.
(6) The state schools for the deaf and blind may apply for grants under this section.
(7) The superintendent of public instruction shall adopt timelines and rules as necessary under chapter 34.05 RCW to administer the program. The superintendent may modify application requirements for schools that have schools for the twenty-first century projects under RCW 28A.630.100. A copy of the proposed rules shall be submitted to the joint select committee on education restructuring established in section 1001 of this act at least forty-five days prior to adoption of the rules.
(8) Funding under this section shall not become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution.
NEW SECTION. Sec. 302. A new section is added to chapter 28A.305 RCW to read as follows:
School districts may use the application process in section 301 of this act to apply for waivers under RCW 28A.305.140.
PART IV
EDUCATOR TRAINING AND ASSISTANCE PROGRAMS
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 who are having difficulties, 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 and experienced 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 and may serve as mentors up to and including full time. 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.
NEW SECTION. Sec. 402. A new section is added to chapter 28A.415 RCW to read as follows:
(1) To the extent specific funds are appropriated for the pilot program in this section, the superintendent of public instruction shall establish a pilot program to support the pairing of full-time mentor teachers with experienced teachers who are having difficulties and full-time mentor teachers with beginning teachers under RCW 28A.415.250.
(2) The superintendent of public instruction shall submit a report to the legislature by December 31, 1995, with findings about the pilot program. The report shall include an analysis of the effectiveness of the pilot program in the remediation of teachers having difficulties, recommendations regarding continuing the program, and recommendations on new procedures under chapter 28A.405 RCW regarding teachers who have not shown sufficient progress in the area or areas of teaching skills needing improvement.
(3) The superintendent of public instruction shall appoint an oversight committee, which shall include teachers and administrators from the pilot districts, that shall be involved in the evaluation of the pilot program under this section.
(4) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement the pilot program established under subsection (1) of this section.
Sec. 403. RCW 28A.405.140 and 1990 c 33 s 387 are each amended to read as follows:
After an evaluation conducted pursuant to RCW 28A.405.100, the ((school district)) principal or the evaluator may require the teacher to take in-service training provided by the district in the area of teaching skills needing improvement, and may require the teacher to have a mentor for purposes of achieving such improvement.
NEW SECTION. Sec. 404. A new section is added to chapter 28A.405 RCW to read as follows:
(1) To the extent funds are appropriated, the Washington state principal internship support program is created beginning in the 1994-95 school year. The purpose of the program is to provide funds to school districts to hire substitutes for district employees who are in a principal preparation program to complete an internship with a mentor principal.
(2) Participants in the principal internship support program shall be selected as follows:
(a) The candidate shall be enrolled in a state board-approved school principal preparation program;
(b) The candidate shall apply in writing to his or her local school district;
(c) Each school district shall determine which applicants meet its criteria for participation in the principal internship support program and shall notify its educational service district of the school district's selected applicants. When submitting the names of applicants, the school district shall identify a mentor principal for each principal intern applicant, and shall agree to provide the internship applicant at least forty-five student days of release time for the internship; and
(d) Educational service districts, with the assistance of an advisory board, shall select internship participants.
(3)(a) The maximum amount of state funding for each internship shall be the estimated state-wide average cost of providing a substitute teacher for forty-five school days.
(b) Funds appropriated for the principal internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the percentage of full-time equivalent public school students enrolled in school districts in each educational service district. Participants should be selected to reflect the percentage of minorities of the student population in the educational service district region, and to the extent practicable, represent an equal number of women and men. If it is not possible to find qualified candidates reflecting the percentage of minorities of the student population of the educational service district, the educational service district shall select those qualified candidates who meet these criteria and leave the remaining positions unfilled, and any unspent funds shall revert to the state general fund.
(c) Once principal internship participants have been selected, the educational service districts shall allocate the funds to the appropriate school districts. The funds shall be used to pay for replacement substitute staff while the school district employee is completing the principal internship.
(d) Educational service districts may be reimbursed for costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction.
NEW SECTION. Sec. 405. A new section is added to chapter 28A.405 RCW to read as follows:
(1) To the extent funds are appropriated, the Washington state superintendent and program administrator internship support program is created beginning in the 1994-95 school year. The purpose of the program is to provide funds to school districts to hire substitutes for district employees who are in a superintendent or program administrator preparation program to complete an internship with a mentor administrator.
(2) Participants in the superintendent and program administrator internship support program shall be selected as follows:
(a) The candidate shall be enrolled in a state board-approved school district superintendent or program administrator preparation program;
(b) The candidate shall apply in writing to his or her local school district;
(c) Each school district shall determine which applicants meet its criteria for participation in the internship support program and shall notify its educational service district of the school district's selected applicants. When submitting the names of applicants, the school district shall identify a mentor administrator for each intern applicant and shall agree to provide the internship applicant at least forty-five student days of release time for the internship; and
(d) Educational service districts, with the assistance of an advisory board, shall select internship participants.
(3)(a) The maximum amount of state funding for each internship shall be the estimated state-wide average cost of providing a substitute teacher for forty-five school days as calculated by the superintendent of public instruction.
(b) Funds appropriated for the internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the percentage of full-time equivalent public school students enrolled in school districts in each educational service district. To the extent practicable, participants should be selected to reflect the racial and ethnic diversity of the student population in the educational service district region, and represent an equal number of women and men.
(c) Once internship participants have been selected, the educational service districts shall allocate the funds to the appropriate school districts. The funds shall be used to pay for replacement substitute staff while the school district employee is completing the internship.
(d) Educational service districts may be reimbursed for costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction.
NEW SECTION. Sec. 406. (1) The state board of education shall appoint an administrator internship advisory task force to develop and recommend to the board standards for the principal and superintendent and program administrator internship support programs created in sections 404 and 405 of this act. Interns shall be required to complete the state board standards in order to successfully complete the internship program. These standards shall be adopted by the state board of education before the allocation of funds by the superintendent of public instruction pursuant to sections 404(3)(c) and 405(3)(c) of this act. Colleges, universities, and school districts may establish additional standards.
(2) Task force membership shall include, but not be limited to, representatives of the office of the superintendent of public instruction, principals, superintendents, program administrators, teachers, school directors, parents, higher education administrative preparation programs, and educational service districts. The task force membership shall, to the extent possible, be racially and ethnically diverse.
NEW SECTION. Sec. 407. A new section is added to chapter 28A.300 RCW to read as follows:
The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to administer the principal and superintendent and program administrator internship support programs.
NEW SECTION. Sec. 408. A new section is added to chapter 28A.300 RCW to read as follows:
(1) The paraprofessional training program is created. The primary purpose of the program is to provide training for classroom assistants to assist them in helping students achieve the student learning goals under RCW 28A.150.210. Another purpose of the program is to provide training to certificated personnel who work with classroom assistants.
(2) The superintendent of public instruction may allocate funds, to the extent funds are appropriated for this program, to educational service districts, school districts, and other organizations for providing the training in subsection (1) of this section.
PART V
CENTER FOR THE IMPROVEMENT OF STUDENT LEARNING
Sec. 501. 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, educational restructuring, and educational improvement 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. To facilitate access to information and materials on ((education)) educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall ((act as the state clearinghouse for educational information.
(2) In carrying out this function, the superintendent of public instruction's primary duty shall be to collect, screen, organize, and disseminate information pertaining to the state's educational system from preschool through grade twelve, including but not limited to in-state research and development efforts; descriptions of exemplary, model, and innovative programs; and related information that can be used in 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. 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 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)) establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, and institutions of higher education.
(2) The center shall:
(a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;
(b) Serve as a clearinghouse for information regarding successful educational restructuring and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational restructuring initiatives in Washington schools and districts;
(c) Provide best practices research and advice that can be used to help schools develop and implement: School improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; and other programs that will assist educators in helping students learn the essential academic learning requirements;
(d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(f) Take other actions to increase public awareness of the importance of parental and community involvement in education;
(g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015;
(h) Provide training and consultation services;
(i) Address methods for improving the success rates of certain ethnic and racial student groups; and
(j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.
(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2)(d) and (e) of this section. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
(5) The superintendent shall report annually to the commission on student learning on the activities of the center.
NEW SECTION. Sec. 502. A new section is added to chapter 28A.300 RCW to read as follows:
(1) The center for the improvement of student learning account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from gifts, grants, or endowments for the center for the improvement of student learning. Moneys in the account may be spent only for activities of the center. Disbursements from the account shall be on 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.
(2) 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 the center for the improvement of student learning and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
PART VI
SCHOOL-TO-WORK TRANSITIONS
NEW SECTION. Sec. 601. (1) The legislature finds that preparing students to make successful transitions from school to work helps promote educational, career, and personal success for all students.
(2) A successful school experience should prepare students to make informed career direction decisions at critical points in their educational progress. Schools that demonstrate the relevancy and practical application of course work will expose students to a broad range of interrelated career and educational opportunities and will expand students' posthigh school options.
(3) The school-to-work transitions program, under chapter . . ., Laws of 1993 (Engrossed Substitute House Bill No. 1820), is intended to help secondary schools develop model programs for school-to-work transitions. The purposes of the model programs are to provide incentives for selected schools to:
(a) Integrate vocational and academic instruction into a single curriculum;
(b) Provide each student with a choice of multiple, flexible educational pathways based on the student's career interest areas;
(c) Emphasize increased vocational and academic guidance and counseling for students;
(d) Foster partnerships with local employers and employees to incorporate work sites as part of work-based learning experiences;
(e) Encourage collaboration among middle or junior high schools and secondary schools in developing successful transition programs and to encourage articulation agreements between secondary schools and community and technical colleges.
(4) The legislature further finds that successful implementation of the school-to-work transitions program is an important part of achieving the purposes of chapter . . ., Laws of 1993 (this act).
NEW SECTION. Sec. 602. A new section is added to chapter 28A.630 RCW to read as follows:
The superintendent of public instruction, in selecting projects for grant awards under the school-to-work transitions program, shall give additional consideration to schools or school districts whose proposals are consistent with the state comprehensive plan for work force training and education prepared by the work force training and education coordinating board.
Sec. 603. 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)) center for the improvement of student learning, 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.
NEW SECTION. Sec. 604. Section 603 of this act shall expire June 30, 1999.
PART VII
TECHNOLOGY
NEW SECTION. Sec. 701. The legislature recognizes that up-to-date tools will help students learn. Workplace technology requirements will continue to change and students should be knowledgeable in the use of technologies.
Furthermore, the legislature finds that the Washington systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. An important component of the systemic initiative is the universal electronic access to information by students. It is the intent of the legislature that components of sections 702 through 706 of this act will support the state-wide systemic reform effort in mathematics, science, and technology as envisioned by the Washington systemic initiative.
NEW SECTION. Sec. 702. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and section 705 of this act.
(1) "Education technology" or "technology" means the effective use of electronic and optical tools, including telephones, and electronic and optical pathways in helping students learn.
(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. 703. (1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan, which shall be completed by December 15, 1993, and updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of on-line information; and
(c) Methods to equitably increase the use of education technology by students and school personnel throughout the state.
(2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, the department of information services, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, and the state library.
NEW SECTION. Sec. 704. In conjunction with the plan required in section 703 of this act, the superintendent of public instruction shall prepare recommendations to the legislature regarding the development of a grant program for school districts for the purchase and installation of computers, computer software, telephones, and other types of education technology. The recommendations shall address methods to ensure equitable access to technology by students throughout the state, and methods to ensure that school districts have prepared technology implementation plans before applying for grant funds. The recommendations, with proposed legislation, shall be submitted to the appropriate committees of the legislature by December 15, 1993.
NEW SECTION. Sec. 705. A new section is added to chapter 28A.310 RCW to read as follows:
Educational service districts shall establish, subject to available funding, regional educational technology support centers for the purpose of providing ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and programmatic support. Each educational service district shall establish a representative advisory council to advise the educational service district in the expenditure of funds provided to the technology support centers.
NEW SECTION. Sec. 706. The superintendent of public instruction, to the extent funds are appropriated, shall distribute funds to educational service districts on a grant basis for the regional educational technology support centers established in section 705 of this act.
NEW SECTION. Sec. 707. The superintendent of public instruction, to the extent funds are appropriated, shall distribute funds to the Washington school information processing cooperative and to school districts on a grant basis, from moneys appropriated for the purposes of this section, for equipment, networking, and software to expand the current K-12 education state-wide network.
NEW SECTION. Sec. 708. (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 educational technology and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
(2) The education technology account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from gifts, grants, or endowments for education technology. Moneys in the account may be spent only for education technology. Disbursements from the account shall be on 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.
NEW SECTION. Sec. 709. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW governing the operation and scope of this chapter.
NEW SECTION. Sec. 710. Sections 701 through 704 and 706 through 709 of this act shall constitute a new chapter in Title 28A RCW.
PART VIII
EDUCATOR PERFORMANCE ASSESSMENT
Sec. 801. RCW 28A.410.030 and 1991 c 116 s 21 are each amended to read as follows:
(1) Effective May 1, 1996, the state board of education shall require ((a uniform state admission to practice examination for)) teacher certification candidates((. Commencing August 31, 1993, teacher certification candidates completing a teacher preparation program shall be required)) applying for initial certification to pass an ((admission to practice examination)) individual assessment before being granted an initial certificate. The assessment shall include but not be limited to essay questions. The requirement shall be waived for out-of-state applicants with more than three years of teaching experience. The ((examination)) assessment shall test knowledge and competence in subjects including, but not limited to, instructional skills, classroom management, ((and)) student behavior and development((. The examination shall consist primarily of essay questions)), oral and written language skills, student performance-based assessment skills, and other knowledge, skills, and attributes needed to be successful in assisting all students, including students with diverse and unique needs, in achieving mastery of the essential academic learning requirements established pursuant to RCW 28A.630.885. In administering the assessment, the state board shall address the needs of certification candidates who have specific learning disabilities or physical conditions that may require special consideration in taking the assessment.
(2) The state board of education shall adopt such rules as may be necessary to implement this section, including, but not limited to, rules establishing the fees assessed persons who apply to take the assessment and the circumstances, if any, under which such fees may be refunded in whole or part. Fees shall be set at a level not higher than the costs for administering the tests. Fees shall not include costs of developing the test. Fee revenues received under this section shall be deposited in the teacher assessment revolving fund hereby established in the custody of the state treasurer. The fund is subject to the allotment procedures provided under chapter 43.88 RCW, but no appropriation is required for disbursement. The superintendent of public instruction shall be responsible for administering the assessment program consistent with state board of education rules. The superintendent of public instruction shall expend moneys from the teacher assessment revolving fund exclusively for the direct and indirect costs of establishing, equipping, maintaining, and operating the assessment program.
(3) The state board of education shall only require the assessment in subsection (1) of this section when the legislature appropriates funds to develop the assessment under this section.
PART IX
READINESS TO LEARN
NEW SECTION. Sec. 901. A new section is added to chapter 70.190 RCW to read as follows:
(1) The legislature finds that helping children to arrive at school ready to learn is an important part of improving student learning.
(2) To the extent funds are appropriated, the family policy council shall award grants to community-based consortiums that submit comprehensive plans that include strategies to improve readiness to learn.
PART X
DEREGULATION, ACCOUNTABILITY, FUNDING, AND LEGISLATIVE OVERSIGHT
NEW SECTION. Sec. 1001. (1) There is hereby created a joint select committee on education restructuring 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) Staff support shall be provided by senate committee services and house of representatives office of program research as mutually agreed by the cochairs of the joint select committee. The cochairs shall be designated by the speaker of the house of representatives and the president of the senate.
(3) The expenses of the committee members shall be paid by the legislature under chapter 44.04 RCW.
(4) The committee shall seek advice from educators, business and labor leaders, parents, and others during its deliberations.
NEW SECTION. Sec. 1002. The joint select committee on education restructuring shall monitor, review, and annually report to the full legislature upon the enactment and implementation of education restructuring in Washington both at the state and local level, including the following:
(1) The progress of the commission on student learning in the completion of its tasks as designated in RCW 28A.630.885 and in any subsequent legislation relating to education restructuring;
(2) The success of the center for improvement of student learning established under RCW 28A.300.130;
(3) The number of school districts seeking waivers from basic education act requirements under RCW 28A.305.140 or other legislation, and the success of alternative programs pursued by those school districts;
(4) 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 RCW 28A.630.885(3)(g), and any subsequent legislation relating to education restructuring; and
(5) Such other areas as the committee may deem appropriate.
NEW SECTION. Sec. 1003. (1) In addition to the duties in section 1002 of this act, the joint select committee on education restructuring shall review all laws pertaining to K-12 public education and to educator preparation and certification, except those that protect the health, safety, and civil rights of students and staff, with the intent of identifying laws that inhibit the achievement of the new system of performance-based education. The select committee shall report to the legislature by November 15, 1994. The laws pertaining to home schooling and private schools shall not be reviewed in this study.
(2) The joint select committee on education restructuring shall review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The joint select committee shall report to the legislature by January 1995 on:
(a) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and
(b) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under RCW 28A.630.885(3)(h).
NEW SECTION. Sec. 1004. By September 1, 1994, and each September 1st thereafter, 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 restructuring regarding their progress in completing tasks as designated in chapter . . ., Laws of 1993 (this act), and tasks in any subsequent legislation relating to education restructuring.
NEW SECTION. Sec. 1005. The joint select committee on education restructuring shall submit its final report to the legislature by December 31, 2001.
NEW SECTION. Sec. 1006. A new section is added to chapter 28A.320 RCW to read as follows:
(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 becomes available, the annual performance 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 RCW 28A.150.210, 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.
(2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of the restructuring plan for the school; and an invitation to all parents and citizens to participate in school activities.
(3) The superintendent of public instruction shall develop by June 30, 1994, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section.
NEW SECTION. Sec. 1007. (1) A legislative fiscal study committee is hereby created. The committee shall be comprised of three members from each caucus of the senate, appointed by the president of the senate, and three members from each caucus of the house of representatives, appointed by the speaker of the house of representatives. In consultation with the office of the superintendent of public instruction, the committee shall study the common school funding system.
(2) 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.
(3) This section shall expire January 16, 1995.
Sec. 1008. 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)) not charge 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. 1009. Sections 1001 through 1005 of this act are each added to chapter 28A.630 RCW.
NEW SECTION. Sec. 1010. Sections 1001 through 1005 of this act shall expire December 1, 2001.
PART XI
PRIVATE SCHOOL AND HOME SCHOOL STUDENT EXEMPTIONS
Sec. 1101. RCW 28A.195.010 and 1990 c 33 s 176 are each amended to read as follows:
The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.
Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. Minimum requirements shall be as follows:
(1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220.
(2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.
(3) All classroom teachers shall hold appropriate Washington state certification except as follows:
(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.
(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:
(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;
(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;
(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;
(d) Each student's progress be evaluated by the certified person; and
(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.
(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.
(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. However, the state board shall not require private school students to meet the student learning goals, obtain a certificate of mastery to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.630.885. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take these assessments, and obtain certificates of mastery. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.
All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) above provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.
NEW SECTION. Sec. 1102. 1992 c 141 s 505 is repealed.
Sec. 1103. RCW 28A.200.010 and 1990 c 33 s 178 are each amended to read as follows:
Each parent whose child is receiving home-based instruction under RCW 28A.225.010(4) shall have the duty to:
(1) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction. The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction. Each parent shall file the statement by September 15 of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides;
(2) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers. At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child's records; and
(3) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student's academic progress is written by a certificated person who is currently working in the field of education. The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of mastery pursuant to RCW 28A.630.885. The standardized test administered or the annual academic progress assessment written shall be made a part of the child's permanent records. If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency.
Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent's child to attend school without valid justification under RCW 28A.225.020. Parents who do comply with the duties set forth in this section shall be presumed to be providing home-based instruction as set forth in RCW 28A.225.010(4).
PART XII
MISCELLANEOUS
NEW SECTION. Sec. 1201. RCW 28A.630.884 and 1992 c 141 s 201 are each repealed.
Sec. 1202. 1992 c 141 s 509 (uncodified) is amended to read as follows:
Sections ((501)) 502 through 504, 506, and 507 of this act shall take effect September 1, ((1998)) 2000. However, these sections shall not take effect if, by September 1, ((1998)) 2000, a law is enacted stating that a school accountability and academic assessment system is not in place.
NEW SECTION. Sec. 1203. 1992 c 141 s 501 is repealed.
NEW SECTION. Sec. 1204. Part headings as used in this act constitute no part of the law."
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.150.210, 28A.630.885, 28A.415.250, 28A.405.140, 28A.300.130, 28A.630.878, 28A.410.030, 28A.225.220, 28A.195.010, and 28A.200.010; amending 1992 c 141 s 509 (uncodified); adding new sections to chapter 28A.630 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.415 RCW; adding new sections to chapter 28A.405 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.310 RCW; adding a new section to chapter 70.190 RCW; adding a new chapter to Title 28A RCW; creating new sections; repealing RCW 28A.630.884; repealing 1992 c 141 s 505; repealing 1992 c 141 s 501; providing an effective date; and providing expiration dates.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Pelz, McAuliffe; Representatives Dorn, Brough, Cothern.
MOTION
Senator Pelz moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1209.
POINT OF INQUIRY
Senator Erwin: "Senator Pelz, the HIV testing and sex education and things like that, that at one time were in the section of the bill, where it would have ruined the bill to veto that section out and now it is all by itself. Is there some indication from the Governor on what he plans to do on that?"
Senator Pelz: "I have to confess that during the conference process, I think I overlooked the fact that that language had fallen out and I apologize for that. However, that language was a reiteration of exiting law that we had placed into the bill to clearly delineate for people with concerns that we recognize their concerns. That existing statute is in Washington law and we continue to apply to our K-12 system under this new bill."
Further debate ensued.
The President declared the question before the Senate to be the motion by Senator Pelz that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1209.
The motion by Senator Pelz carried and the Report of the Conference Committee on Engrossed Substitute House Bill No. 1209 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1209, as recommended by the Conference Committee.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1209, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 18; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, McAuliffe, Moore, Moyer, Nelson, Pelz, Prentice, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 26.
Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Newhouse, Oke, Owen, Prince, Quigley, Roach, Sellar and von Reichbauer - 18.
Excused: Senators Barr, Niemi, Smith, L., Spanel and West - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209, as recommended by the Conference Committee, 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 7:36 p.m., on motion of Senator Jesernig, the Senate adjourned until 1:00 p.m., Sunday, April 25, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate