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FIFTY-SIXTH DAY
__________
AFTERNOON SESSION
__________
House Chamber, Olympia, Sunday, March 6, 1994
The House was called to order at 1:00 p.m. by the Speaker (Representative Holm presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Eric Hirsch and Eryn Kaiser. Prayer was offered by Representative Dunshee.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE SENATE BILL NO. 6028,
SUBSTITUTE SENATE BILL NO. 6264,
SUBSTITUTE SENATE BILL NO. 6509,
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED HOUSE BILL NO. 2327,
ENGROSSED HOUSE BILL NO. 2523,
SUBSTITUTE HOUSE BILL NO. 2540,
SECOND SUBSTITUTE SENATE BILL NO. 5800,
SUBSTITUTE SENATE BILL NO. 6096,
SECOND SUBSTITUTE SENATE BILL NO. 6237,
SUBSTITUTE SENATE BILL NO. 6538,
ENGROSSED SENATE BILL NO. 6564,
SUBSTITUTE SENATE BILL NO. 6593,
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1847,
SUBSTITUTE HOUSE BILL NO. 2180,
ENGROSSED HOUSE BILL NO. 2193,
SUBSTITUTE HOUSE BILL NO. 2197,
SUBSTITUTE HOUSE BILL NO. 2212,
SUBSTITUTE HOUSE BILL NO. 2239,
SUBSTITUTE HOUSE BILL NO. 2277,
SUBSTITUTE HOUSE BILL NO. 2294,
ENGROSSED HOUSE BILL NO. 2302,
SUBSTITUTE HOUSE BILL NO. 2341,
ENGROSSED HOUSE BILL NO. 2390,
SUBSTITUTE HOUSE BILL NO. 2428,
SUBSTITUTE HOUSE BILL NO. 2452,
SUBSTITUTE HOUSE BILL NO. 2456,
SUBSTITUTE HOUSE BILL NO. 2479,
ENGROSSED HOUSE BILL NO. 2487,
SUBSTITUTE HOUSE BILL NO. 2516,
SUBSTITUTE HOUSE BILL NO. 2560,
SUBSTITUTE HOUSE BILL NO. 2570,
SUBSTITUTE HOUSE BILL NO. 2571,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2607,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628,
SUBSTITUTE HOUSE BILL NO. 2642,
SUBSTITUTE HOUSE BILL NO. 2655,
SUBSTITUTE HOUSE BILL NO. 2662,
ENGROSSED HOUSE BILL NO. 2702,
SUBSTITUTE HOUSE BILL NO. 2718,
There being no objection, the House advanced to the sixth order of business.
Representative R. Meyers assumed the chair.
With the consent of the House, the House considered the following bills in the following order: House Bill No. 1159, Second Substitute House Bill No. 1235, Second Substitute House Bill No. 1457, Substitute House Bill No. 2153, Substitute House Bill No. 2167, Substitute House Bill No. 2176, Substitute House Bill No. 2274, House Bill No. 2511, House Bill No. 2743 and Substitute House Bill No. 2754.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1159 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.41.020 and 1992 c 44 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)(a) "Improper governmental action" means any action by a local government officer or employee:
(i) That is undertaken in the performance of the officer's or employee's official duties, whether or not the action is within the scope of the employee's employment; and
(ii) That is in violation of any federal, state, or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.
(b) "Improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any action that may be taken under chapter 41.08, 41.12, 41.14, 41.56, 41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.
(2) "Local government" means any governmental entity other than the state, federal agencies, or an operating system established under chapter 43.52 RCW. It includes, but is not limited to cities, counties, school districts, and special purpose districts.
(3) "Retaliatory action" means: (a) Any adverse change in a local government employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal, or any other disciplinary action; or (b) hostile actions by another employee towards a local government employee that were encouraged by a supervisor or senior manager or official.
(4) "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property."
On page 1, line 1 of the title, after "action;" strike the remainder of the title and insert "and amending RCW 42.41.020."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Springer moved that the House not concur in the Senate amendments to Substitute House Bill No. 1159 and ask the Senate to recede therefrom. The motion was carried.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 1235 with the following amendment:
On page 2, beginning on line 37, after "accountants," strike all material through "law" on line 39, and insert "architects, veterinarians, attorneys at law, and health professions regulated under chapter 18.130 RCW"
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Johanson moved that the House concur in the Senate amendments to Second Substitute House Bill No. 1235 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1235 as amended by the Senate.
Representative Johanson spoke in favor of passage of the bill.
MOTIONS
On motion of Representative J. Kohl, Representatives Appelwick, Basich, Cothern, Finkbeiner, Lemmon, Patterson and Riley were excused.
On motion of Representative Wood, Representatives Ballard, Fuhrman, Padden and Schmidt were excused.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1235, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 87, Nays - 0, Absent - 0, Excused - 11.
Voting yea: Representatives Anderson, Backlund, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.
Excused: Representatives Appelwick, Ballard, Basich, Cothern, Finkbeiner, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 11.
Second Substitute House Bill No. 1235 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1993
Mr. Speaker:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 1457 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.335.190 and 1990 c 33 s 362 are each amended to read as follows:
(1) When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or repairs, or other work or purchases, except books, will equal or exceed the sum of ((twenty)) fifty thousand dollars, complete plans and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids therefor and that specifications and other information may be examined at the office of the board or any other officially designated location: PROVIDED, That the board without giving such notice may make improvements or repairs to the property of the district through the shop and repair department of such district when the total of such improvements or repair does not exceed the sum of ((seventy-five hundred dollars)) (a) fifteen thousand dollars, for districts with fifteen thousand five hundred or more full-time equivalent students; or (b) for districts with fewer than fifteen thousand five hundred full-time equivalent students, fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or ten thousand dollars if a single craft or trade is involved with the school district improvement or repair. The cost of any public work, improvement or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and after being opened shall be filed for public inspection.
(2) Every purchase of furniture, equipment or supplies, except books, the cost of which is estimated to be in excess of ((seventy-five hundred)) fifteen thousand dollars, shall be on a competitive basis. The board of directors shall establish a procedure for securing telephone and/or written quotations for such purchases. Whenever the estimated cost is from ((seventy-five hundred)) fifteen thousand dollars up to ((twenty)) fifty thousand dollars, the procedure shall require quotations from at least three different sources to be obtained in writing or by telephone, and recorded for public perusal. Whenever the estimated cost is in excess of ((twenty)) fifty thousand dollars, the public bidding process provided in subsection (1) of this section shall be followed.
(3) Every building, improvement, repair or other public works project, the cost of which is estimated to be in excess of ((seventy-five hundred dollars)) (a) fifteen thousand dollars, for districts with fifteen thousand five hundred or more full-time equivalent students; or (b) for districts with fewer than fifteen thousand five hundred full-time equivalent students, fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or ten thousand dollars if a single craft or trade is involved with the school district improvement or repair, shall be on a competitive bid process. All such projects estimated to be less than ((twenty)) fifty thousand dollars may be awarded to a contractor on the small works roster. The small works roster shall be comprised of all responsible contractors who have requested to be on the list. The board of directors shall establish a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. Such procedure shall require that a good faith effort be made to request quotations from all contractors on the small works roster who have indicated the capability of performing the kind of public works being contracted. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. The small works roster shall be revised at least once each year by publishing notice of such opportunity in at least one newspaper of general circulation in the district. Responsible contractors shall be added to the list at any time they submit a written request. Whenever the estimated cost of a public works project is ((twenty)) fifty thousand dollars or more, the public bidding process provided in subsection (1) of this section shall be followed.
(4) The contract for the work or purchase shall be awarded to the lowest responsible bidder as defined in RCW 43.19.1911 but the board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder's agent, requesting it in person.
(5) In the event of any emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board declaring the existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this section with reference to any purchase or contract: PROVIDED, That an "emergency", for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of the school district in the absence of prompt remedial action."
On page 1, line 1 of the title, after "bidding;" strike the remainder of the title and insert "and amending RCW 28A.335.190."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Dorn moved that the House concur in the Senate amendments to Second Substitute House Bill No. 1457 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1457 as amended by the Senate.
Representatives Dorn and Carlson spoke in favor of passage of the bill and Representative Van Luven spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1457, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 66, Nays - 21, Absent - 0, Excused - 11.
Voting yea: Representatives Anderson, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Caver, Chappell, Cole, G., Conway, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Hansen, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, King, Kohl, J., Kremen, Leonard, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Shin, Silver, Sommers, Springer, Thibaudeau, Thomas, B., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 66.
Voting nay: Representatives Backlund, Ballasiotes, Casada, Chandler, Cooke, Forner, Heavey, Horn, Jones, Kessler, Lisk, Long, McMorris, Mielke, Reams, Sheldon, Stevens, Talcott, Tate, Thomas, L. and Van Luven - 21.
Excused: Representatives Appelwick, Ballard, Basich, Cothern, Finkbeiner, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 11.
Second Substitute House Bill No. 1457 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1993
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2153, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.640.020 and 1975 1st ex.s. c 226 s 2 are each amended to read as follows:
(1) The superintendent of public instruction shall develop regulations and guidelines to eliminate sex discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students.
(((1))) (a) Specifically with respect to public school employment, all schools shall be required to:
(((a))) (i) Maintain credential requirements for all personnel without regard to sex;
(((b))) (ii) Make no differentiation in pay scale on the basis of sex;
(((c))) (iii) Assign school duties without regard to sex except where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed((.));
(((d))) (iv) Provide the same opportunities for advancement to males and females; and
(((e))) (v) Make no difference in conditions of employment including, but not limited to, hiring practices, leaves of absence, hours of employment, and assignment of, or pay for, instructional and noninstructional duties, on the basis of sex.
(((2))) (b) Specifically with respect to counseling and guidance services for students, they shall be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to sex.
(((3))) (c) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams for each sex. Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and practice times including use of courts, gyms, and pools: PROVIDED, That such scheduling of games and practice times shall be determined by local administrative authorities after consideration of the public and student interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for athletic purposes shall provide comparable facilities for both sexes. Such facilities may be provided either as separate facilities or shall be scheduled and used separately by each sex.
The superintendent of public instruction shall also be required to develop a student survey to distribute every three years to each local school district in the state to determine student interest for male/female participation in specific sports.
(((4))) (d) Specifically with respect to course offerings, all classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted within any class during sessions on sex education or gym classes.
(((5))) (e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited to, reference books and audio-visual materials, they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.
(2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction also shall supply sample policies to school districts upon request.
(b) By June 30, 1995, every school district shall adopt and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students.
(c) School district policies on sexual harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process established in RCW 28A.640.030.
(d) The school district's sexual harassment policy shall be conspicuously posted throughout each school building, and provided to each employee. A copy of the policy shall appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of conduct for the school or school district.
(e) Each school shall develop a process for discussing the district's sexual harassment policy. The process shall ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy.
(f) "Sexual harassment" as used in this section means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature if:
(i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;
(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education or employment; or
(iii) That conduct or communication has the purpose or effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment."
On page 1, line 2 of the title, after "criteria;" strike the remainder of the title and insert "and amending RCW 28A.640.020."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Dorn moved that the House concur in the Senate amendments to Substitute House Bill No. 2153 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2153 as amended by the Senate.
Representatives J. Kohl and Brough spoke in favor of passage of the bill and Representative B. Thomas spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2153, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 81, Nays - 7, Absent - 0, Excused - 10.
Voting yea: Representatives Anderson, Backlund, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Long, Mastin, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 81.
Voting nay: Representatives Chandler, Dyer, Edmondson, Lisk, McMorris, Stevens and Thomas, B. - 7.
Excused: Representatives Appelwick, Ballard, Basich, Cothern, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 10.
Substitute House Bill No. 2153 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2167 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to terminate payments into the Washington thoroughbred racing fund from licensees of nonprofit race meets from the effective date of this act until June 1, 1995, and to provide that one-half of moneys that otherwise would have been paid into the fund be directed to enhanced purses and one-half of moneys be deposited in an escrow or trust account and used solely for construction of a new thoroughbred race track facility in western Washington.
Sec. 2. RCW 67.16.105 and 1993 c 170 s 2 are each amended to read as follows:
(1) Licensees of race meets that are nonprofit in nature, are of ten days or less, and have an average daily handle of one hundred twenty thousand dollars or less shall withhold and pay to the commission daily for each authorized day of racing one-half percent of the daily gross receipts from all parimutuel machines at each race meet.
(2) Licensees of race meets that do not fall under subsection (1) of this section shall withhold and pay to the commission daily for each authorized day of racing the following applicable percentage of all daily gross receipts from all parimutuel machines at each race meet:
(a) If the daily gross receipts of all parimutuel machines are more than two hundred fifty thousand dollars, the licensee shall withhold and pay to the commission daily two and one-half percent of the daily gross receipts; and
(b) If the daily gross receipts of all parimutuel machines are two hundred fifty thousand dollars or less, the licensee shall withhold and pay to the commission daily one percent of the daily gross receipts.
(3) In addition to those amounts in subsections (1) and (2) of this section, all licensees shall forward one-tenth of one percent of the daily gross receipts of all parimutuel machines to the commission daily for payment to those nonprofit race meets as set forth in RCW 67.16.130 and subsection (1) of this section, but said percentage shall not be charged against the licensees. The total of such payments shall not exceed one hundred fifty thousand dollars in any one year and any amount in excess of one hundred fifty thousand dollars shall be remitted to the general fund. Payments to nonprofit race meets under this subsection shall be distributed on a pro rata per-race-day basis and used only for purses at race tracks that have been operating under RCW 67.16.130 and subsection (1) of this section for the five consecutive years immediately preceding the year of payment.
(4) In addition to those sums paid to the commission in subsection (2) of this section, licensees who are nonprofit corporations and have race meets of thirty days or more shall ((withhold and pay to the commission daily for each authorized day of racing)) retain and dedicate: (a) An amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet to be used solely for the purpose of increasing purses; and (b) an amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet to be deposited in an escrow or trust account and used solely for construction of a new thoroughbred race track facility in western Washington. Said percentages shall come from that amount the licensee is authorized to retain under RCW 67.16.170(2). ((The commission shall deposit these moneys in the Washington thoroughbred racing fund created in RCW 67.16.250.
(5) The additional one and one-quarter percent of the moneys allowed to be retained by this section must be used for increased purses.)) The commission shall adopt such rules as may be necessary to enforce this subsection. The provisions of this subsection shall apply through June 1, 1995.
(5) In the event the new racetrack is not constructed before January 1, 2001, all funds including interest, remaining in the escrow or trust account established in subsection (4) of this section, shall revert to the state general fund.
(6) Effective ((January 1, 1994, the amount of daily gross receipts withheld and paid to the commission, as set out in subsection (4) of this section, shall revert to two and one-half percent of the daily gross receipts of all parimutuel machines at each race meet)) June 1, 1995, licensees who are nonprofit corporations and have race meets of thirty days or more shall withhold and pay to the commission daily for each authorized day of racing an amount equal to two and one-half percent of the daily gross receipts of all parimutuel machines at each race meet. These percentages shall come from the amount that the licensee is authorized to retain under RCW 67.16.170(2) and shall be in addition to those sums paid to the commission in subsection (2) of this section. The commission shall deposit these moneys in the Washington thoroughbred racing fund created in RCW 67.16.250.
Sec. 3. RCW 67.16.250 and 1991 c 270 s 12 are each amended to read as follows:
The Washington thoroughbred racing fund is created in the state treasury. Effective June 1, 1995, all receipts derived under RCW 67.16.105(((4))) (6) from licensees who are nonprofit corporations and whose race meets are thirty days or more shall be deposited into the account. Moneys in the account may be spent only after legislative appropriation. Expenditures from the account shall be expended to benefit and support interim continuation of thoroughbred racing, capital construction of a new race track facility, and programs enhancing the general welfare, safety, and advancement of the Washington thoroughbred racing industry.
NEW SECTION. Sec. 4. 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."
On page 1, line 2 of the title, after "provisions;" strike the remainder of the title and insert "amending RCW 67.16.105 and 67.16.250; creating a new section; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House concur in the Senate amendments to Substitute House Bill No. 2167 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2167 as amended by the Senate.
Representatives Holm and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2167, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.
Voting yea: Representatives Anderson, Backlund, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.
Excused: Representatives Appelwick, Ballard, Basich, Cothern, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 10.
Substitute House Bill No. 2167 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2176, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.02 RCW to read as follows:
Any person proposing the incorporation of a city or town shall file a notice of the proposed incorporation with the county legislative authority of the county in which all or the major portion of the proposed city or town is located. The notice shall include the matters required to be included in the incorporation petition under RCW 35.02.030 and be accompanied by both a one hundred dollar filing fee and an affidavit from the person stating that he or she is a registered voter residing in the proposed city or town.
The county legislative authority shall promptly notify the boundary review board of the proposed incorporation, which shall hold a public meeting on the proposed incorporation within thirty days of the notice being filed where persons favoring and opposing the proposed incorporation may state their views. If a boundary review board does not exist in the county, the county legislative authority shall provide the public meeting. The public meeting shall be held at a location in or near the proposed city or town. Notice of the public meeting shall be published in a newspaper of general circulation in the area proposed to be incorporated at least once ten days prior to the public meeting.
NEW SECTION. Sec. 2. A new section is added to chapter 35.02 RCW to read as follows:
Within one working day after the public meeting under section 1 of this act, the county auditor shall provide an identification number for the incorporation effort to the person who made the notice of proposing the incorporation. The identification number shall be included on the petition proposing the incorporation.
The petition proposing the incorporation may retain the proposed boundaries and other matters as described in the notice, or may alter the proposed boundaries and other matters.
Sec. 3. RCW 35.02.030 and 1986 c 234 s 4 are each amended to read as follows:
The petition for incorporation shall: (1) Indicate whether the proposed city or town shall be a noncharter code city operating under Title 35A RCW, or a city or town operating under Title 35 RCW; (2) indicate the form or plan of government the city or town is to have; (3) set forth and particularly describe the proposed boundaries of the proposed city or town; (4) state the name of the proposed city or town; (5) state the number of inhabitants therein, as nearly as may be; and (6) pray that ((it may)) the city or town be incorporated. The petition shall conform to the requirements for form prescribed in RCW 35A.01.040. The petition shall include the identification number provided under section 2 of this act and state the last date by which the petition may be filed, as determined under RCW 35.02.020.
If the proposed city or town is located in more than one county, the petition shall be prepared in such a manner as to indicate the different counties within which the signators reside.
A city or town operating under Title 35 RCW may have a mayor/council, council/manager, or commission form of government. A city operating under Title 35A RCW may have a mayor/council or council/manager plan of government.
If the petition fails to specify the matters described in subsection (1) of this section, the proposal shall be to incorporate as a noncharter code city. If the petition fails to specify the matter described in subsection (2) of this section, the proposal shall be to incorporate with a mayor/council form or plan of government.
Sec. 4. RCW 35.02.020 and 1986 c 234 s 3 are each amended to read as follows:
A petition for incorporation must be signed by ((qualified)) registered voters resident within the limits of the proposed city or town equal in number to at least ten percent of the ((votes cast at the last state general election and presented to)) number of voters residing within the proposed city or town and filed with the auditor of the county in which all, or the largest portion of, the proposed city or town is located. The petition must be filed with the auditor by no later than one hundred eighty days after the date the public meeting on the proposed incorporation was held under section 1 of this act, or the next regular business day following the one hundred eightieth day if the one hundred eightieth day is not a regular business day.
NEW SECTION. Sec. 5. A new section is added to chapter 35.02 RCW to read as follows:
For a period of ninety days after a petition proposing the incorporation of a city or town is filed with the county auditor, a petition or resolution proposing the annexation of any portion of the territory included in the incorporation proposal may be filed or adopted and the proposed annexation may continue following the applicable statutory procedures. Territory that ultimately is annexed, as a result of the filing of such an annexation petition or adoption of such an annexation resolution during this ninety-day period, shall be withdrawn from the incorporation proposal.
A proposed annexation of a portion of the territory included within the proposed incorporation, that is initiated by the filing of an annexation petition or adoption of an annexation resolution after this ninety-day period, shall be held in abeyance and may not occur unless: (1) The boundary review board modifies the boundaries of the proposed incorporation to remove the territory from the proposed incorporation; (2) the boundary review board rejects the proposed incorporation and the proposed city or town has a population of less than seven thousand five hundred; or (3) voters defeat the ballot proposition authorizing the proposed incorporation.
NEW SECTION. Sec. 6. Where a petition proposing the incorporation of a city or town has been filed with a county auditor prior to the effective date of this act, the time limitations on competing annexation proposals that are provided under section 5 of this act are modified as follows:
(1) A petition or resolution proposing the annexation of any portion of the territory included in the incorporation proposal, that was filed or adopted within the later of ninety days after the date the incorporation petition was filed or the effective date of this act, may continue following the applicable statutory procedures. A boundary review board may simultaneously consider the proposed incorporation and such an annexation.
(2) A petition or resolution proposing the annexation of any portion of the territory included in the incorporation proposal, that is filed or adopted within the later of ninety days after the date the incorporation petition was filed or the effective date of this act, shall be held in abeyance and may not occur unless: (a) The boundary review board modifies the boundaries of the proposed incorporation to remove the territory from the proposed incorporation; (b) the boundary review board rejects the proposed incorporation and the proposed city or town has a population of less than seven thousand five hundred; or (c) voters defeat the ballot proposition authorizing the proposed incorporation.
NEW SECTION. Sec. 7. A new section is added to chapter 35.13 RCW to read as follows:
After a petition proposing an annexation by a city or town is filed with the city or town or the governing body of the city or town, or after a resolution proposing an annexation by a city or town has been adopted by the city or town governing body, no territory included in the proposed annexation may be annexed by another city or town or incorporated into a city or town unless: (1) The boundary review board modifies the boundaries of the proposed annexation and removes the territory; (2) the boundary review board or review board created under RCW 35.13.171 rejects the proposed annexation; or (3) the city or town governing body rejects the proposed annexation or voters defeat the ballot proposition authorizing the annexation.
NEW SECTION. Sec. 8. A new section is added to chapter 35A.14 RCW to read as follows:
After a petition proposing an annexation by a code city has been filed with the city or the city legislative authority, or after a resolution proposing the annexation by a code city has been adopted by the city legislative authority, no territory included in the proposed annexation may be annexed by another city or town or incorporated into a city or town unless: (1) The boundary review board or county annexation review board created under RCW 35A.14.160 modifies the boundaries of the proposed annexation and removes the territory; (2) the boundary review board or county annexation review board created under RCW 35A.14.160 rejects the proposed annexation; or (3) the city legislative authority rejects the proposed annexation or voters defeat the ballot proposition authorizing the annexation.
NEW SECTION. Sec. 9. A new section is added to chapter 36.93 RCW to read as follows:
A boundary review board may simultaneously consider the proposed incorporation of a city or town, and the proposed annexation of a portion of the territory included in the proposed incorporation, if the resolution or petition initiating the annexation is adopted or filed ninety or fewer days after the petition proposing the incorporation was filed.
NEW SECTION. Sec. 10. A new section is added to chapter 36.93 RCW to read as follows:
The proposed incorporation of any city or town that includes territory located in a county in which a boundary review board exists shall be reviewed by the boundary review board and action taken as described under RCW 36.93.150.
Sec. 11. RCW 35.02.001 and 1989 c 84 s 25 are each amended to read as follows:
((Actions taken under chapter 35.02 RCW may be)) The incorporation of a city or town is subject to ((potential)) review by a boundary review board under chapter 36.93 RCW if a boundary review board exists in the county in which all or any portion of the territory proposed to be incorporated is located.
Sec. 12. RCW 35.02.010 and 1986 c 234 s 2 are each amended to read as follows:
Any contiguous area containing not less than ((three)) one thousand five hundred inhabitants lying outside the limits of an incorporated city or town may become incorporated as a city or town operating under Title 35 or 35A RCW as provided in this chapter: PROVIDED, That no area which lies within five air miles of the boundary of any city having a population of fifteen thousand or more shall be incorporated which contains less than three thousand inhabitants.
Sec. 13. RCW 36.93.100 and 1992 c 162 s 1 are each amended to read as follows:
The board shall review and approve, disapprove, or modify any of the actions set forth in RCW 36.93.090 when any of the following shall occur within forty-five days of the filing of a notice of intention:
(1) Three members of a five-member boundary review board or five members of a boundary review board in a county with a population of one million or more files a request for review: PROVIDED, That the members of the boundary review board shall not be authorized to file a request for review of the following actions:
(a) The incorporation of any special district or change in the boundary of any city, town, or special purpose district;
(b) The extension of permanent water service outside of its existing corporate boundaries by a city, town, or special purpose district if (i) the extension is through the installation of water mains of six inches or less in diameter or (ii) the county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan under RCW 36.70A.040 and has by a majority vote waived the authority of the board to initiate review of all other extensions; or
(c) The extension of permanent sewer service outside of its existing corporate boundaries by a city, town, or special purpose district if (i) the extension is through the installation of sewer mains of eight inches or less in diameter or (ii) the county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan under RCW 36.70A.040 and has by a majority vote waived the authority of the board to initiate review of all other extensions;
(2) Any governmental unit affected, including the governmental unit for which the boundary change or extension of permanent water or sewer service is proposed, or the county within which the area of the proposed action is located, files a request for review of the specific action;
(3) A petition requesting review is filed and is signed by:
(a) Five percent of the registered voters residing within the area which is being considered for the proposed action (as determined by the boundary review board in its discretion subject to immediate review by writ of certiorari to the superior court); or
(b) An owner or owners of property consisting of five percent of the assessed valuation within such area;
(4) The majority of the members of boundary review boards concur with a request for review when a petition requesting the review is filed by five percent of the registered voters who deem themselves affected by the action and reside within one-quarter mile of the proposed action but not within the jurisdiction proposing the action.
If a period of forty-five days shall elapse without the board's jurisdiction having been invoked as set forth in this section, the proposed action shall be deemed approved.
If a review of a proposal is requested, the board shall make a finding as prescribed in RCW 36.93.150 within one hundred twenty days after the filing of such a request for review. If this period of one hundred twenty days shall elapse without the board making a finding as prescribed in RCW 36.93.150, the proposal shall be deemed approved unless the board and the person who submitted the proposal agree to an extension of the one hundred twenty day period.
Sec. 14. RCW 35.02.039 and 1986 c 234 s 7 are each amended to read as follows:
(1) The county legislative authority of the county in which the proposed city or town is located shall hold a public hearing on the proposed incorporation if no boundary review board exists in the county((, or if the boundary review board does not take jurisdiction over the proposal)). The public hearing shall be held within sixty days of when the county auditor notifies the legislative authority of the sufficiency of the petition if no boundary review board exists in the county, or within ninety days of when notice of the proposal is filed with the boundary review board if the boundary review board fails to take jurisdiction over the proposal. The public hearing may be continued to other days, not extending more than sixty days beyond the initial hearing date. If the boundary review board takes jurisdiction, the county legislative authority shall not hold a public hearing on the proposal.
(2) If the proposed city or town is located in more than one county, a public hearing shall be held in each of the counties by the county legislative authority or boundary review board. Joint public hearings may be held by two or more county legislative authorities, or two or more boundary review boards.
Sec. 15. RCW 36.93.150 and 1990 c 273 s 1 are each amended to read as follows:
The board, upon review of any proposed action, shall take such of the following actions as it deems necessary to best carry out the intent of this chapter:
(1) ((Approval of)) Approve the proposal as submitted((;)).
(2) Subject to RCW 35.02.170, ((modification of)) modify the proposal by adjusting boundaries to add or delete territory((: PROVIDED, That)). However, any proposal for annexation ((by the board)) of territory to a town shall be subject to RCW 35.21.010 and the board shall not add additional territory, the amount of which is greater than that included in the original proposal((: PROVIDED FURTHER, That such)). Any modifications shall not interfere with the authority of a city, town, or special purpose district to require or not require preannexation agreements, covenants, or petitions((: AND PROVIDED FURTHER, That)). A board shall not modify the proposed incorporation of a city with an estimated population of seven thousand five hundred or more by removing territory from the proposal, or adding territory to the proposal, that constitutes ten percent or more of the total area included within the proposal before the board((, but)). However, a board shall remove territory in the proposed incorporation that is located outside of an urban growth area or is annexed by a city or town, and may remove territory in the proposed incorporation if a petition or resolution proposing the annexation is filed or adopted that has priority over the proposed incorporation, before the area is established that is subject to this ten percent restriction on removing or adding territory. A board shall not modify the proposed incorporation of a city with a population of seven thousand five hundred or more to reduce the territory in such a manner as to reduce the population below seven thousand five hundred((;)).
(3) ((Determination of)) Determine a division of assets and liabilities between two or more governmental units where relevant((;)).
(4) ((Determination)) Determine whether, or the extent to which, functions of a special purpose district are to be assumed by an incorporated city or town, metropolitan municipal corporation, or another existing special purpose district((; or)).
(5) ((Disapproval of)) Disapprove the proposal except that the board shall not have jurisdiction: (a) To disapprove the dissolution or disincorporation of a special purpose district which is not providing services but shall have jurisdiction over the determination of a division of the assets and liabilities of a dissolved or disincorporated special purpose district; (b) over the division of assets and liabilities of a special purpose district that is dissolved or disincorporated pursuant to chapter 36.96 RCW; nor (c) to disapprove the incorporation of a city with an estimated population of seven thousand five hundred or more, but the board may recommend against the proposed incorporation of a city with such an estimated population.
Unless the board ((shall disapprove)) disapproves a proposal, it shall be presented under the appropriate statute for approval of a public body and, if required, a vote of the people. A proposal that has been modified shall be presented under the appropriate statute for approval of a public body and if required, a vote of the people. If a proposal, other than that for a city, town, or special purpose district annexation, after modification does not contain enough signatures of persons within the modified area, as are required by law, then the initiating party, parties or governmental unit has thirty days after the modification decision to secure enough signatures to satisfy the legal requirement. If the signatures cannot be secured then the proposal may be submitted to a vote of the people, as required by law.
The addition or deletion of property by the board shall not invalidate a petition which had previously satisfied the sufficiency of signature provisions of RCW 35.13.130 or 35A.14.120. When the board, after due proceedings held, disapproves a proposed action, such proposed action shall be unavailable, the proposing agency shall be without power to initiate the same or substantially the same as determined by the board, and any succeeding acts intended to or tending to effectuate that action shall be void, but such action may be reinitiated after a period of twelve months from date of disapproval and shall again be subject to the same consideration.
The board shall not modify or deny a proposed action unless there is evidence on the record to support a conclusion that the action is inconsistent with one or more of the objectives under RCW 36.93.180. Every such determination to modify or deny a proposed action shall be made in writing pursuant to a motion, and shall be supported by appropriate written findings and conclusions, based on the record.
Sec. 16. RCW 36.93.160 and 1988 c 202 s 40 are each amended to read as follows:
(1) When the jurisdiction of the boundary review board has been invoked, the board shall set the date, time and place for a public hearing on the proposal. The board shall give at least thirty days' advance written notice of the date, time and place of the hearing to the governing body of each governmental unit having jurisdiction within the boundaries of the territory proposed to be annexed, formed, incorporated, disincorporated, dissolved or consolidated, or within the boundaries of a special district whose assets and facilities are proposed to be assumed by a city or town, and to the governing body of each city within three miles of the exterior boundaries of ((such)) the area and to the proponent of ((such)) the change. Notice shall also be given by publication in any newspaper of general circulation in the area of the proposed boundary change at least three times, the last publication of which shall be not less than five days prior to the date set for the public hearing. Notice shall also be posted in ten public places in the area affected for five days when the area is ten acres or more. When the area affected is less than ten acres, five notices shall be posted in five public places for five days. Notice as provided in this subsection shall include any territory which the board has determined to consider adding in accordance with RCW 36.93.150(2).
(2) A verbatim record shall be made of all testimony presented at the hearing and upon request and payment of the reasonable costs thereof, a copy of the transcript of ((such)) the testimony shall be provided to any person or governmental unit.
(3) The chairman upon majority vote of the board or a panel may direct the chief clerk of the boundary review board to issue subpoenas to any public officer to testify, and to compel the production by him of any records, books, documents, public records or public papers.
(4) Within forty days after the conclusion of the final hearing on the proposal, the board shall file its written decision, setting forth the reasons therefor, with the board of county commissioners and the clerk of each governmental unit directly affected. The written decision shall indicate whether the proposed change is approved, rejected or modified and, if modified, the terms of ((such)) the modification. The written decision need not include specific data on every factor required to be considered by the board, but shall indicate that all standards were given consideration. Dissenting members of the board shall have the right to have their written dissents included as part of the decision.
(5) Unanimous decisions of the hearing panel or a decision of a majority of the members of the board shall constitute the decision of the board and shall not be appealable to the whole board. Any other decision shall be appealable to the entire board within ten days. Appeals shall be on the record, which shall be furnished by the appellant, but the board may, in its sole discretion, permit the introduction of additional evidence and argument. Decisions shall be final and conclusive unless within ((ten)) thirty days from the date of ((said)) the action a governmental unit affected by the decision or any person owning real property or residing in the area affected by the decision files in the superior court a notice of appeal.
The filing of ((such)) the notice of appeal within ((such)) the time limit shall stay the effective date of the decision of the board until such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not take any evidence other than that contained in the record of the hearing before the board.
(6) The superior court may affirm the decision of the board or remand the case for further proceedings; or it may reverse the decision if any substantial rights may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions, or
(b) In excess of the statutory authority or jurisdiction of the board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial evidence in view of the entire record as submitted, or
(f) ((Arbitrary or capricious)) Clearly erroneous.
An aggrieved party may seek appellate review of any final judgment of the superior court in the manner provided by law as in other civil cases.
Sec. 17. RCW 35.02.070 and 1986 c 234 s 9 are each amended to read as follows:
(1) If a county legislative authority holds a public hearing on a proposed incorporation, it shall establish and define the boundaries of the proposed city or town, being authorized to decrease ((but not)) or increase the area proposed in the petition((, except for adjusting the boundaries out to the right of way line of any portion of a public highway, street, or road pursuant to RCW 35.02.170. Any decrease shall not exceed twenty percent of the area proposed or that portion of the area located within the county: PROVIDED, That the area shall not be so decreased that the number of inhabitants therein shall be less than required by RCW 35.02.010 as now or hereafter amended)) under the same restrictions that a boundary review board may modify the proposed boundaries. The county legislative authority, or the boundary review board if it takes jurisdiction, shall determine the number of inhabitants within the boundaries it has established.
(2) A county legislative authority shall disapprove the proposed incorporation if, without decreasing the area proposed in the petition, it does not conform with RCW 35.02.010. A county legislative authority may not otherwise disapprove a proposed incorporation.
(3) A county legislative authority or boundary review board has jurisdiction only over that portion of a proposed city or town located within the boundaries of the county.
Sec. 18. RCW 35.02.078 and 1986 c 234 s 10 are each amended to read as follows:
An election shall be held in the area proposed to be incorporated to determine whether the proposed city or town shall be incorporated ((if)) when the boundary review board ((approves or modifies and approves)) takes action on the proposal other than disapproving the proposal, or if the county legislative authority does not disapprove the proposal as provided in RCW 35.02.070. Voters at this election shall determine if the area is to be incorporated.
The initial election on the question of incorporation shall be held at the next special election date specified in RCW 29.13.020 that occurs sixty or more days after the final public hearing by the county legislative authority or authorities, or ((the approval or modification and approval)) action by the boundary review board or boards. The county legislative authority or authorities shall call for this election and, if the incorporation is approved, shall call for other elections to elect the elected officials as provided in this section. If the vote in favor of the incorporation receives forty percent or less of the total vote on the question of incorporation, no new election on the question of incorporation for the area or any portion of the area proposed to be incorporated may be held for a period of three years from the date of the election in which the incorporation failed.
If the incorporation is authorized as provided by RCW 35.02.120, separate elections shall be held to nominate and elect persons to fill the various elective offices prescribed by law for the population and type of city or town, and to which it will belong. The primary election to nominate candidates for these elective positions shall be held at the next special election date, as specified in RCW 29.13.020, that occurs sixty or more days after the election on the question of incorporation. The election to fill these elective positions shall be held at the next special election date, as specified in RCW 29.13.020, that occurs thirty or more days after certification of the results of the primary election.
NEW SECTION. Sec. 19. A new section is added to chapter 43.21C RCW to read as follows:
Annexation of territory by a city or town is exempted from compliance with this chapter.
NEW SECTION. Sec. 20. The following acts or parts of acts are each repealed:
(1) RCW 35.13.175 and 1973 1st ex.s. c 164 s 18 & 1965 c 7 s 35.13.175;
(2) RCW 35A.14.230 and 1967 ex.s. c 119 s 35A.14.230;
(3) RCW 36.93.115 and 1982 c 220 s 5; and
(4) RCW 36.93.152 and 1990 c 273 s 2.
NEW SECTION. Sec. 21. 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."
On page 1, line 1 of the title, after "annexations;" strike the remainder of the title and insert "amending RCW 35.02.030, 35.02.020, 35.02.001, 35.02.010, 36.93.100, 36.93.150, 36.93.160, 35.02.070, and 35.02.078; adding new sections to chapter 35.02 RCW; adding a new section to chapter 35.13 RCW; adding a new section to chapter 35A.14 RCW; adding new sections to chapter 36.93 RCW; adding a new section to chapter 43.21C RCW; creating a new section; repealing RCW 35.13.175, 35A.14.230, 36.93.115, and 36.93.152; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative H. Myers moved that the House concur in the Senate amendments to Substitute House Bill No. 2176 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2176 as amended by the Senate.
Representatives H. Myers and Edmondson spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2176, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Excused: Representatives Ballard, Basich, Cothern, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 9.
Substitute House Bill No. 2176 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2274 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.305 RCW to read as follows:
In exercising the state board of education's authority to establish high school credit equivalencies for credits earned at institutions of higher education, the state board of education has highlighted the need for an ongoing forum that encourages the various education entities to provide each other with advice and counsel as rules and policies are adopted that have implications for students in all sectors of the state's education system. The legislature appreciates the willingness of the state board of education to consider any recommendations from the task force created in section 2 of this act and to delay until September 1995, implementation of its rule establishing course equivalencies. Ultimately the issue of credit equivalencies must be decided within the broad context of education reform and the desire of the legislature to provide options for students to move through the system without meeting bureaucratic barriers to individual educational success.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.305 RCW to read as follows:
(1) By May 1, 1994, or as soon as possible thereafter, the higher education coordinating board and the state board of education shall convene a task force creating a forum for ongoing discussion of curriculum issues that transect higher education and the common schools. In selecting members of the task force, the boards shall consult the office of the superintendent of public instruction, the commission on student learning, the state board for community and technical colleges, the work force training and education coordinating board, the Washington council on high school-college relations, representatives of the four-year institutions, representatives of the school directors, the school and district administrators, teachers, higher education faculty, students, counselors, vocational directors, parents, and other interested organizations. The process shall be designed to provide advice and counsel to the appropriate boards on topics that may include but are not limited to: (a) The changing nature of educational instruction and crediting, and awarding appropriate credit for knowledge and competencies learned in a variety of ways in both institutions of higher education and high schools; (b) options for students to enroll in programs and institutions that will best meet the students' needs and educational goals; and (c) articulation agreements between institutions of higher education and high schools.
(2) By December 30, 1994, after considering the advice of the task force created in this section, the higher education coordinating board and the state board of education shall report the recommendations on establishing credit equivalencies to the house of representatives and senate education and higher education committees.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.80 RCW to read as follows:
The higher education coordinating board shall work with the state board of education to establish the task force under section 2 of this act.
NEW SECTION. Sec. 4. 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."
On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "adding new sections to chapter 28A.305 RCW; adding a new section to chapter 28B.80 RCW; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Dorn moved that the House concur in the Senate amendments to Substitute House Bill No. 2274 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2274 as amended by the Senate.
Representatives Dorn, Carlson, Quall, Ogden and J. Kohl spoke in favor of passage of the bill and Representatives Brough and G. Cole spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2274, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 80, Nays - 9, Absent - 0, Excused - 9.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Hansen, Heavey, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schoesler, Scott, Sehlin, Sheahan, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 80.
Voting nay: Representatives Brough, Cole, G., Forner, Holm, Jones, Rust, Sheldon, Silver and Wood - 9.
Excused: Representatives Ballard, Basich, Cothern, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 9.
Substitute House Bill No. 2274 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2511, with the following amendments:
On page 4, after line 3, insert the following:
"Sec. 2. RCW 70.96A.070 and 1989 c 270 s 9 are each amended to read as follows:
Pursuant to the provisions of RCW 43.20A.360, there shall be a citizens advisory council composed of not less than seven nor more than fifteen members((, at least two of whom shall be recovered alcoholics or other recovered drug addicts and two of whom shall be members of recognized organizations involved with problems of alcoholism and other drug addiction)). It is the intent of the legislature that the citizens advisory council broadly represent citizens who have been recipients of voluntary or involuntary treatment for alcoholism or other drug addiction and who have been in recovery from chemical dependency for a minimum of two years. To meet this intent, at least two-thirds of the council's members shall be former recipients of these services and not employed in an occupation relating to alcoholism or drug addiction. The remaining members shall be broadly representative of the community, shall include representation from business and industry, organized labor, the judiciary, and minority groups, chosen for their demonstrated concern with alcoholism and other drug addiction problems. Members shall be appointed by the secretary. In addition to advising the department in carrying out the purposes of this chapter, the council shall develop and propose to the secretary for his or her consideration the rules for the implementation of the chemical dependency program of the department. Rules and policies governing treatment programs shall be developed in collaboration among the council, department staff, local government, and administrators of voluntary and involuntary treatment programs. The secretary shall thereafter adopt such rules that, in his or her judgment properly implement the chemical dependency program of the department consistent with the welfare of those to be served, the legislative intent, and the public good.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 1 of the title, after "treatment;" strike the remainder of the title and insert "amending RCW 70.96A.020 and 70.96A.070; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Leonard moved that the House concur in the Senate amendments to House Bill No. 2511 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2511 as amended by the Senate.
Representatives Leonard and Cooke spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2511, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Excused: Representatives Ballard, Basich, Cothern, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 9.
House Bill No. 2511 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2743 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.09.5243 and 1993 c 149 s 2 are each amended to read as follows:
((For the purposes of)) Unless the context clearly requires otherwise, the following definitions apply throughout RCW 74.09.5241 through 74.09.5253 ((and 28A.155.150, the terms)) and sections 5 through 7 of this act.
(1) "District" means a school district, educational service district, or educational cooperatives offering special education services under chapter 28A.155 RCW.
(2) "Medical assistance" and "medicaid" means federal and state-funded programs under which medical ((care)) services are provided under Title XIX of the federal social security act.
(3) "Medical services" means district services that qualify for medicaid funding.
Sec. 2. RCW 74.09.5247 and 1993 c 149 s 4 are each amended to read as follows:
(1) Chapter 149, Laws of 1993 does not apply to contracts between individual ((school)) districts and private firms entered into for the purpose of billing either medicaid or private insurers, or both, for ((health)) medical services and agreed to before April 30, 1993, except as provided in RCW 28A.155.150(2).
(2) A ((school)) district may elect to act as its own billing agent as of the start of any school year. For a ((school)) district being served by the state-wide billing agent, the district shall notify the billing agent in writing, no less than thirty days before the start of the school year, of its intent to terminate the agency relationship. A district that acts as its own billing agent ((may retain)) or a district with a preexisting contract under subsection (1) of this section is entitled to an administrative fee ((proportional)) equivalent to that of the state-wide billing agent.
Sec. 3. RCW 74.09.5249 and 1993 c 149 s 5 are each amended to read as follows:
(1) The agency awarded the contract under RCW 74.09.5245 shall:
(a) Enroll all ((school)) districts in this state, except those with preexisting contracts under RCW 74.09.5247, as medicaid providers ((by)) effective the beginning of the 1993-94 school year;
(b) Develop a state-wide system of billing the department and private insurers for medical services provided in special education programs;
(c) Train health care practitioners employed by or contracting with ((school)) districts in medicaid and insurer billing;
(d) Verify the medicaid eligibility of students enrolled in special education programs in each ((educational service)) district;
(e) Provide ongoing technical assistance to practitioners and districts; and
(f) Process and forward all medicaid claims to the department and all other claims to private insurers.
(2) For each student, individual ((school)) districts may, in consultation with the billing agent, deliver to the student's parent or guardian a letter, prepared by the billing agent, requesting the consent of the parent or guardian to bill the student's health insurance carrier for services provided through the special education program. If a district chooses to do this, the letter must be accompanied by a consent form, on which the parent may identify the student's health insurance carrier so that the billing agent may bill the carrier for medical services provided to the student. The letter must clearly state the following:
(a) That the billing program is designed in part to raise additional funds to improve education services;
(b) That under no circumstances will the parent or guardian be personally charged for any portion of the bill not paid by the insurer, including copayments, deductibles, or uncovered services;
(c) That the amount of the billing will apply to the policy's annual deductible even though the parent will not be billed for the amount of the deductible;
(d) That the amount of the billing, will, however, apply towards annual or lifetime benefit caps if these are included in the policy;
(e) That it is possible that their premiums would be increased as a result of their consent;
(f) That if any of the possible negative consequences of consent were to affect them, they are free to withdraw their consent at any time; and
(g) That their consent is entirely voluntary and that the services the student receives through the ((school)) district will not be affected by their willingness or refusal to consent to the billing of their private insurer.
Sec. 4. RCW 74.09.5253 and 1993 c 149 s 7 are each amended to read as follows:
(1) Each ((educational service)) district ((in the state)) shall participate in the program of billing for medical services ((under RCW 74.09.5249 and)) provided in the district's special education program. Each participating district shall provide the ((billing agent)) superintendent of public instruction with a list, ((at the start of each academic quarter)) as of the first school day in October, December, and May of each year, of all students enrolled in special education programs within the area served by the ((educational service)) district, for purposes of verifying the medicaid eligibility of the students.
(2) A person employed by or contracting with a ((school)) district who provides ((services within the categories established by the)) medical ((assistance administration under RCW 74.09.5251)) services shall provide the billing agent with information necessary to promptly complete monthly billings for each medicaid-eligible student he or she serves as part of the district's special education program.
(3) The superintendent of public instruction shall submit to the legislature at the beginning of each legislative session a report indicating the district-by-district participation and the medicaid and private insurance payment receipts during the preceding fiscal year. The report must further indicate for each district the total number of special education students, and the number eligible for medicaid ((eligibility rate)), as determined by the medical assistance administration. The superintendent may require a letter of explanation from any district whose ((receipts)) billings for medical assistance under the program, in the judgment of the superintendent, indicate nonparticipation or underparticipation.
NEW SECTION. Sec. 5. A new section is added to chapter 74.09 RCW to read as follows:
(1) Each district that has elected to act as its own billing agent under RCW 74.09.5247(2) and each firm that is a party to a preexisting contract under RCW 74.09.5247(1) shall, at times designated by the superintendent of public instruction, provide the office of the superintendent of public instruction with a report indicating the total amount of medicaid and private insurance moneys billed by the district.
(2) The state billing agent shall, at times designated by the superintendent of public instruction, provide the superintendent of public instruction with a report for each district enrolled by the billing agent, indicating the total amount of medicaid and private insurance moneys billed through medicaid and private insurer billing.
NEW SECTION. Sec. 6. A new section is added to chapter 74.09 RCW to read as follows:
Of the projected federal medicaid and private insurance revenue collected under RCW 74.09.5249, twenty percent, after deduction for billing fees, shall be for incentive payments to districts. Incentive payments shall only be used by districts for children with disabilities.
NEW SECTION. Sec. 7. A new section is added to chapter 74.09 RCW to read as follows:
(1) Districts shall reassign medicaid payments to be received under RCW 74.09.5249 through 74.0.5253, sections 5 and 6 of this act, and this section to the superintendent of public instruction.
(2) The superintendent of public instruction shall receive medicaid payments from the department of social and health services for all state and federal moneys under Title XIX of the federal social security act due to districts for medical assistance provided in the district's special education program.
(3) The superintendent shall use reports from the department of social and health services, the state billing agent, districts acting as their own billing agent, and firms to calculate the appropriate amounts of incentive payments and state special education program moneys due each district.
(4) Moneys received by the superintendent of public instruction shall be disbursed for the following purposes:
(a) Reimbursement to the department of social and health services for the state-funded portion of medicaid payments;
(b) Reimbursement for billing agent's fees, including those of districts acting as their own agent and billing fees of firms;
(c) Incentive payments to school districts equal to twenty percent of the federal portion of medicaid payments after deduction for billing fees; and
(d) The remainder shall be distributed to districts as part of state allocations for the special education program provided under RCW 28A.150.390.
(5) With respect to private insurer funds received by districts, the superintendent of public instruction shall reduce state special education program allocations to the districts by eighty percent of the amount received, after deduction for billing fees.
Sec. 8. RCW 28A.150.390 and 1993 c 149 s 9 are each amended to read as follows:
The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for handicapped programs. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for handicapped programs and shall take account of state funds accruing through RCW 28A.150.250, 28A.150.260, federal medical assistance and private funds accruing under RCW 74.09.5249 through 74.09.5253 and sections 5 through 7 of this act, and other state and local funds, excluding special excess levies. ((However, the superintendent of public instruction shall reimburse the department of social and health services from state appropriations for handicapped education programs for the state-funded portion of any medical assistance payment made by the department for services provided under an individualized education program established pursuant to RCW 28A.155.010 through 28A.155.100. The amount of such interagency reimbursement shall be deducted by the superintendent of public instruction in determining additional allocations to districts for handicapped education programs under this section.))
NEW SECTION. Sec. 9. RCW 28A.155.150 and 1993 c 149 s 8 are each repealed.
NEW SECTION. Sec. 10. 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. 11. 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."
On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 74.09.5243, 74.09.5247, 74.09.5249, 74.09.5253, and 28A.150.390; adding new sections to chapter 74.09 RCW; creating a new section; and repealing RCW 28A.155.150."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Valle moved that the House concur in the Senate amendments to House Bill No. 2743 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2743 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2743, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Excused: Representatives Ballard, Basich, Cothern, Fuhrman, Lemmon, Padden, Patterson, Riley and Schmidt - 9.
House Bill No. 2743 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
February 26, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2754, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 2.56.030 and 1993 c 415 s 3 are each amended to read as follows:
The administrator for the courts shall, under the supervision and direction of the chief justice:
(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system;
(10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;
(11) Administer programs and standards for the training and education of judicial personnel;
(12) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration and the judicial council, both of which shall make recommendations to the legislature by January 1, 1989. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;
(13) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(14) Attend to such other matters as may be assigned by the supreme court of this state;
(15) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers by July 1, 1988. The curriculum shall be updated yearly to reflect changes in statutes, court rules, or case law;
(16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be completed and made available to all superior court and court of appeals judges and to all justices of the supreme court by July 1, 1989;
(17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be completed and made available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel by October 1, 1993. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide;
(18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required."
On page 1, line 1 of the title, after "administration;" strike the remainder of the title and insert "and amending RCW 2.56.030."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Johanson moved that the House concur in the Senate amendments to Substitute House Bill No. 2754 and pass the bill as amended by the Senate.
Representatives Johanson and Ballasiotes spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2754 as amended by the Senate.
Representative McMorris spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2754, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.
Excused: Representatives Ballard, Basich, Cothern, Fuhrman, Lemmon, Patterson, Riley and Schmidt - 8.
Substitute House Bill No. 2754 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 9:00 a.m., Monday, March 7, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk