(1) The department may enter into a contract for the acquisition of the propulsion system, or any component of it, including diesel engines and spare parts, for installation into one or more of the three Jumbo Class Mark II ferry vessels authorized under this chapter. This authorization does not limit the department from obtaining and installing the propulsion system, or any component of it, as incidental to the overall vessel construction contract authorized under RCW 47.60.770 through 47.60.778, nor from proceeding to complete an existing contract for acquisition of the propulsion system or any component of it.

       (2) Acquisition of a propulsion system, or any component of it, for the Jumbo Class Mark II ferries by the department under this section is exempt from chapter 43.19 RCW. 

       (3) Whenever the department decides to enter into an acquisition contract under this section it shall publish a notice of its intent to negotiate such a contract once a week for at least two consecutive weeks in one trade newspaper and one other newspaper, both of general circulation in the state. The notice must contain, but is not limited to, the following information:

       (a) The identity of the propulsion system or components to be acquired and the proposed delivery dates for the propulsion system or components;

       (b) An address and telephone number that may be used to obtain the request for proposal.

       (4) The department shall send to any firm that requests it, a request for proposal outlining the design and construction requirements for the propulsion system, including any desired components. The request for proposal must include, but is not limited to, the following information:

       (a) The proposed delivery date for each propulsion system or desired component and the location where delivery will be taken;

       (b) The form and formula for contract security;

       (c) A copy of the proposed contract;

       (d) The date by which proposals must be received by the department in order to be considered; and

       (e) A statement that any proposal submitted constitutes an offer and must remain open until ninety days after the deadline for submitting proposals, together with an explanation of the requirement that all proposals submitted must be accompanied by a deposit in the amount of five percent of the proposed cost.

       (5) The department shall evaluate all timely proposals received for: (a) Compliance with the requirements specified in the request for proposal; and (b) suitability of each firm's proposal by applying appropriate criteria to be developed by the department: (i) To assess the ability of the firm to expeditiously and satisfactorily perform and (ii) to accomplish an acquisition that is most advantageous to the department. A portion of the technical requirements addressed in the request for proposal shall include, but is not limited to, user verifications of manufacturer's reliability claims; the quality of engine maintenance documentation; and engine compatibility with ship design.

       (6) The criteria to select the most advantageous diesel engine under subsection (5)(b)(ii) shall consist of life-cycle cost factors weighted at forty-five percent; and operational factors weighted as follows: reliability at twenty percent, maintainability at twenty percent, and engine performance at fifteen percent. For purposes of this subsection, the life-cycle cost factors shall consist of the costs for engine acquisition and warranty, spare parts acquisition and inventory, fuel efficiency and lubricating oil consumption, and commonality. The fuel efficiency and lubricating oil consumption life-cycle cost factors shall receive not less than twenty percent of the total evaluation weighting and shall be evaluated under a format similar to that employed in the 1992 M.V. Tyee engine replacement contract. The reliability factors shall consist of the length of service and reliability record in comparable uses, and mean time between overhauls. The mean time between overhauls evaluation shall be based upon the manufacturer's required hours between change of wear components. The maintainability factors shall consist of spare parts availability, the usual time anticipated to perform typical repair functions, and the quality of factory training programs for ferry system maintenance staff. The performance factors shall consist of load change responsiveness, and air quality of exhaust and engine room emissions.

       (7) Upon concluding its evaluation, the department shall:

       (a) Select the firm presenting the proposal most advantageous to the department, taking into consideration compliance with the requirements stated in the request for proposal, and the criteria developed by the department, and rank the remaining firms in order of preference, judging them by the same standards; or

       (b) Reject all proposals as not in compliance with the requirements contained in the request for proposals.

       (8) The department shall immediately notify those firms that were not selected as the firm presenting the most advantageous proposal of the department's decision. The department's decision is conclusive unless an aggrieved firm appeals the decision to the superior court of Thurston county within five days after receiving notice of the department's final decision. The appeal shall be heard summarily within ten days after it is taken and on five days' notice to the department. The court shall hear the appeal on the administrative record that was before the department. The court may affirm the decision of the department, or it may reverse the decision if it determines the action of the department is arbitrary or capricious.

       (9) Upon selecting the firm that has presented the most advantageous proposal and ranking the remaining firms in order of preference, the department shall:

       (a) Negotiate a contract with the firm presenting the most advantageous proposal; or

       (b) If a final agreement satisfactory to the department cannot be negotiated with the firm presenting the most advantageous proposal, the department may then negotiate with the firm ranked next highest in order of preference. If necessary, the department may repeat this procedure and negotiate with each firm in order of rank until the list of firms has been exhausted.

       (10) Proposals submitted by firms under this section constitute an offer and must remain open for ninety days. When submitted, each proposal must be accompanied by a deposit in cash, certified check, cashier's check, or surety bond in the amount equal to five percent of the amount of the proposed contract price, and the department may not consider a proposal that has no deposit enclosed with it. If the department awards a contract to a firm under the procedure set forth in this section and the firm fails to enter into the contract and furnish the required contract security within twenty days, exclusive of the day of the award, its deposit shall be forfeited to the state and deposited by the state treasurer to the credit of the Puget Sound capital construction account. Upon the execution of a contract all proposal deposits shall be returned.

       NEW SECTION. Sec. 3. The department of transportation, the department of general administration, and the office of financial management, in consultation with the legislative transportation committee, shall conduct a systematic review of acquisition authorities established under chapters 43.19, 47.56, and 47.60 RCW, and the consequent impact on the operation of Washington state ferries as a public mass transportation system. The results of this review, including any proposed legislation, shall be reported to the governor and the house of representatives and senate transportation committees on or before January 1, 1995.

       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."

      Senator Nelson moved that the following amendment to the Committee on Transportation striking amendment be adopted:

      On page 1, line 7 of the amendment, after "Sec. 1." strike everything through page 2, line 11, and insert "The purpose of this act is to comply with the order entered in Northern Commercial Company d/b/a N C Machinery v. State of Washington Office of State Procurement and Siemens Energy and Automation, Thurston County Superior Court Cause Number 93-2-02806-4, by excusing the office of state procurement from following the "life cycle costing" requirements of RCW 43.19.1911."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Nelson on page 1, line 7, to the Committee on Transportation striking amendment to Engrossed Substitute House Bill No. 2863.

      The motion by Senator Nelson failed and the amendment to the committee amendment was not adopted.

MOTION

      Senator Nelson moved that the following amendment to the Committee on Transportation striking amendment be adopted:

      On page 2, line 26, after "from" strike "chapter 43.19 RCW" and insert "RCW 43.19.1911"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Nelson on page 2, line 26, to the Committee on Transportation striking amendment to Engrossed Substitute House Bill No. 2863.

      The motion by Senator Nelson failed and the amendment to the committee amendment was not adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment to Engrossed Substitute House Bill No. 2863.

      The motion by Senator Vognild carried and the committee amendment was adopted.

MOTIONS

      On motion of Senator Vognild, the following title amendment was adopted:

      On line 1 of the title, after "system;" strike the remainder of the title, and insert "adding a new section to chapter 47.60 RCW; creating new sections; and declaring an emergency."

      On motion of Senator Vognild, the rules were suspended, Engrossed Substitute House Bill No. 2863, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2863, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2863, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 33.

      Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Morton, Moyer, Nelson, Prince, Sellar, Smith, L. and West - 15.

      Excused: Senator McCaslin - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2863, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2191, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Ogden, Schoesler, Sheahan, Roland, Carlson, Rayburn and Wineberry) (by request of Washington State University)

Regulating bidding procedures concerning minority and women-owned businesses.

      The bill was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2191 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2191.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2191 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

      Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 45.

      Voting nay: Senators Anderson, Cantu and West - 3.

      Excused: Senator McCaslin - 1.

      SUBSTITUTE HOUSE BILL NO. 2191, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Drew, Senator Vognild was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2370, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky and Dyer)

Extending reinsurance and surplus line insurance statutes to incorporated entities.

      The bill was read the second time.

MOTION

      On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2370 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2370.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2370 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.

      Excused: Senators McCaslin and Vognild - 2.

      SUBSTITUTE HOUSE BILL NO. 2370, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2754, by House Committee on Judiciary (originally sponsored by Representatives McMorris, Appelwick, Padden, Campbell, Schoesler, Johanson, Foreman, Mielke, Finkbeiner, Fuhrman, Mastin, Wineberry, Sheahan, L. Thomas, Cooke, Brough and Springer)

Authorizing use of closed circuit television in court procedural hearings.

      The bill was read the second time.

MOTION

      On motion of Senator Adam Smith, the following Committee on Law and Justice striking amendment was adopted:

      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 motion of Senator Adam Smith, the following title amendment was adopted:

      On page 1, line 1 of the title, after "administration;" strike the remainder of the title and insert "and amending RCW 2.56.030."

MOTION

      On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 2754, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2754, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2754, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 46.

      Voting nay: Senator Niemi - 1.

      Excused: Senators McCaslin and Vognild - 2.

      SUBSTITUTE HOUSE BILL NO. 2754, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2566, by House Committee on Judiciary (originally sponsored by Representatives Dyer, Lisk, B. Thomas, Brough, Brumsickle, Talcott, Long, Mielke, Cooke and Wood)

Providing limited immunity from liability for organizations distributing donated items to children.

      The bill was read the second time.

MOTION

      On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 2566 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2566.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2566 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Winsley - 45.

      Voting nay: Senators Prentice and Wojahn - 2.

      Excused: Senators McCaslin and Vognild - 2.

      SUBSTITUTE HOUSE BILL NO. 2566, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Drew, Senator Rinehart was excused.

SECOND READING

      HOUSE BILL NO. 1466, by Representatives Jacobsen, Wang, Ludwig, G. Cole and Romero

Regulating motorized wheelchair warranties.

      The bill was read the second time.

MOTIONS

      On motion of Senator Moore, the following Committee on Labor and Commerce striking amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

       (1) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device assisting mobility.

       (2) "Consumer" means any of the following:

       (a) The purchaser of a wheelchair, if the wheelchair was purchased from a wheelchair dealer or manufacturer for purposes other than resale;

       (b) A person to whom a wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the wheelchair;

       (c) A person who may enforce a warranty on a wheelchair; or

       (d) A person who leases a wheelchair from a wheelchair lessor under a written lease.

       (3) "Demonstrator" means a wheelchair used primarily for the purpose of demonstration to the public.

       (4) "Early termination cost" means an expense or obligation that a wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in the lease and the return of a wheelchair to a manufacturer under section 3(2)(b) of this act. "Early termination cost" includes a penalty for prepayment under a finance arrangement.

       (5) "Early termination savings" means an expense or obligation that a wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in the lease and the return of a wheelchair to a manufacturer under section 3(2)(b) of this act. "Early termination savings" includes an interest charge that the wheelchair lessor would have paid to finance the wheelchair or, if the wheelchair lessor does not finance the wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

       (6) "Manufacturer" means a person who manufactures or assembles wheelchairs and agents of the person, including an importer, a distributor, factory branch, distributor branch, and a warrantor of the manufacturer's wheelchairs, but does not include a wheelchair dealer.

       (7) "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of a wheelchair, and that is covered by an express warranty applicable to the wheelchair or to a component of the wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by a consumer.

       (8) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new wheelchair or within one year after first delivery of a wheelchair to a consumer, whichever is sooner:

       (a) An attempted repair by the manufacturer, wheelchair lessor, or the manufacturer's authorized dealer is made to the same warranty nonconformity at least four times and the nonconformity continues; or

       (b) The wheelchair is out of service for an aggregate of at least thirty days because of warranty nonconformity.

       (9) "Wheelchair" means a wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state.

       (10) "Wheelchair dealer" means a person who is in the business of selling wheelchairs.

       (11) "Wheelchair lessor" means a person who leases a wheelchair to a consumer, or who holds the lessor's rights, under a written lease.

       NEW SECTION. Sec. 2. A manufacturer who sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express warranty for the wheelchair. The duration of the express warranty must be for at least one year after the first delivery of the wheelchair to the consumer. If the manufacturer fails to furnish an express warranty as required under this section, the wheelchair is covered by an implied warranty as if the manufacturer had furnished an express warranty to the consumer as required under this section.

       NEW SECTION. Sec. 3. (1) If a new wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the wheelchair lessor, or any of the manufacturer's authorized wheelchair dealers and makes the wheelchair available for repair before one year after first delivery of the wheelchair to the consumer, the nonconformity must be repaired.

       (2) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall do one of the following, whichever is appropriate:

       (a) At the direction of a consumer described under section 1(2)(a), (b), or (c) of this act, do one of the following:

       (i) Accept return of the wheelchair and replace the wheelchair with a comparable new wheelchair and refund any collateral costs; or

       (ii) Accept return of the wheelchair and refund to the consumer and to a holder of a perfected security interest in the consumer's wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. Under this subsection (2)(a)(ii), a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the wheelchair by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the wheelchair was driven before the consumer first reported the nonconformity to the wheelchair dealer; or

       (b)(i) For a consumer described in section 1(2)(d) of this act, accept return of the wheelchair, refund to the wheelchair lessor and to a holder of a perfected security interest in the wheelchair, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.

       (ii) Under this subsection (2)(b), the current value of the written lease equals the total amount for which the lease obligates the consumer during the period of the lease remaining after its early termination, plus the wheelchair dealer's early termination costs and the value of the wheelchair at the lease expiration date if the lease sets forth the value, less the wheelchair lessor's early termination savings.

       (iii) Under this subsection (2)(b), a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the consumer drove the wheelchair before first reporting the nonconformity to the manufacturer, wheelchair lessor, or wheelchair dealer.

       (3) To receive a comparable new wheelchair or a refund due under subsection (2)(a) of this section, a consumer described under section 1(2) (a), (b), or (c) of this act shall offer to the manufacturer of the wheelchair having the nonconformity to transfer possession of the wheelchair to the manufacturer. Within thirty days after the offer, the manufacturer shall provide the consumer with a comparable new wheelchair or a refund. When the manufacturer provides a new wheelchair or refund under this subsection, the consumer shall return to the manufacturer the wheelchair having the nonconformity.

       (4)(a) To receive a refund due under subsection (2)(b) of this section, a consumer described under section 1(2)(d) of this act shall offer to return the wheelchair having the nonconformity to its manufacturer. Within thirty days after the offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the wheelchair having the nonconformity.

       (b) To receive a refund due under subsection (2)(b) of this section, a wheelchair lessor shall offer to transfer possession of the wheelchair having the nonconformity to the manufacturer. Within thirty days after the offer, the manufacturer shall provide a refund to the wheelchair lessor. When the manufacturer provides the refund, the wheelchair lessor shall provide to the manufacturer the endorsements necessary to transfer legal possession to the manufacturer.

       (c) A person may not enforce the lease against the consumer after the consumer receives a refund due under subsection (2)(b) of this section.

       (5) A person may not sell or lease again in this state a wheelchair returned by a consumer or wheelchair lessor in this state under subsection (2) of this section or by a consumer or wheelchair lessor in another state under a similar law of that state, unless full disclosure of the reasons for return is made to a prospective buyer or lessee.

       NEW SECTION. Sec. 4. This chapter does not limit rights or remedies available under other law to a consumer.

       NEW SECTION. Sec. 5. A waiver by a consumer of rights under this section is void.

       NEW SECTION. Sec. 6. In addition to pursuing another remedy, a consumer may bring an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in an action under this section twice the amount of pecuniary loss, together with costs, disbursements, reasonable attorneys' fees, and equitable relief that the court determines is appropriate.

       NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 19 RCW."

      On motion of Senator Moore, the following title amendment was adopted:

      On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "wheelchair warranties; and adding a new chapter to Title 19 RCW."

MOTION

      On motion of Senator Moore, the rules were suspended, House Bill No. 1466, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1466, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1466, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.

      Absent: Senator Deccio - 1.

      Excused: Senators McCaslin and Rinehart - 2.

      HOUSE BILL NO. 1466, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 2187, by Representative Dunshee

Concerning the merger of fire protection districts.

      The bill was read the second time.

MOTION

      On motion of Senator Drew, the rules were suspended, House Bill No. 2187 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

      On motion of Senator Oke, Senator Moyer was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2187.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2187 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.

      Excused: Senators McCaslin, Moyer and Rinehart - 3.

      HOUSE BILL NO. 2187, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2608, by House Committee on Local Government (originally sponsored by Representatives Moak, Edmondson, H. Myers, Springer and Rayburn)

Allowing a port commission to sell property valued at under ten thousand dollars.

      The bill was read the second time.

MOTION

      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2608 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2608.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2608 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.

      Absent: Senators Hargrove and Ludwig - 2.

      Excused: Senators McCaslin, Moyer and Rinehart - 3.

      SUBSTITUTE HOUSE BILL NO. 2608, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8400, by Senate Committee on Trade, Technology and Economic Development (originally sponsored by Senators Talmadge, Skratek, Haugen, Owen, A. Smith, Pelz, Bluechel, Winsley and Erwin)

Declaring a sister state relationship with Taiwan.

      The concurrent resolution was read the second time.

MOTION

      On motion of Senator Talmadge the rules were suspended, Substitute Senate Concurrent Resolution No. 8400 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of Substitute Senate Concurrent Resolution No. 8400.

      SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8400 was adopted by voice vote.

MOTION

      At 12:10 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.

      The Senate was called to order at 1:02 p.m. by President Pritchard.

      There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

February 26, 1994

MR. PRESIDENT: 

      The Speaker has signed SUBSTITUTE SENATE BILL NO. 6073, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

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

MOTION

      On motion of Senator Oke, Senators Nelson and West were excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2178, by House Committee on Local Government (originally sponsored by Representatives H. Myers and Orr)

Clarifying employee transfer rights for fire fighters.

      The bill was read the second time.

MOTION

      On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2178 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2178.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2178 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 1; Absent, 3; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, Williams, Winsley and Wojahn - 40.

      Voting nay: Senator Deccio - 1.

      Absent: Senators Bluechel, Skratek and Talmadge - 3.

      Excused: Senators McCaslin, Moyer, Nelson, Rinehart and West - 5.

      SUBSTITUTE HOUSE BILL NO. 2178, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Oke, Senator Bluechel was excused.

SECOND READING

      HOUSE BILL NO. 2645, by Representatives Rayburn, Chandler, Grant, Ballard, Schoesler, H. Myers, Foreman, Lisk and Roland

Giving the apple advertising commission authority to accept gifts, grants, and other donations.

      The bill was read the second time.

MOTIONS

      On motion of Senator Rasmussen, the following Committee on Agriculture striking amendment was adopted:

      Strike everything after enacting clause and insert the following:

      "Sec. 1. RCW 15.24.070 and 1987 c 393 s 3 are each amended to read as follows:

      The Washington state apple advertising commission is hereby declared and created a corporate body. The powers and duties of the commission shall include the following:

      (1) To elect a ((chairman)) chair and such other officers as it deems advisable; and to adopt, rescind, and amend rules((, regulations,)) and orders for the exercise of its powers ((hereunder)) under this chapter, which shall have the force and effect of the law when not inconsistent with existing laws;

      (2) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;

      (3) To employ and at its pleasure discharge a manager, secretary, agents, attorneys, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation;

      (4) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;

      (5) To investigate and prosecute violations ((hereof)) of this chapter;

      (6) To conduct scientific research to develop and discover the health, food, therapeutic, and dietetic value of apples and apple products ((thereof));

      (7) To keep accurate record of all of its dealings, which shall be open to inspection and audit by the state auditor;

      (8) To sue and be sued, adopt a corporate seal, and have all of the powers of a corporation;

      (9) To expend funds for commodity-related education, training, and leadership programs as the commission deems expedient; ((and))

      (10) To borrow money and incur indebtedness;

      (11) To accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms. The commission shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits, and income of all such gifts, grants, conveyances, bequests, and devises. The authority to make expenditures granted by this subsection includes the authority to make expenditures to provide scholarships or financial assistance to persons as defined in RCW 1.16.080 or entities associated with the apple industry, but is not limited to the authority to make expenditures for such a purpose; and

      (12) To engage in appropriate fund-raising activities for the purpose of supporting the activities of the commission authorized by this chapter."

      On motion of Senator Rasmussen, the following title amendment was adopted:

      On page 1, line 1 of the title, after "commission;" strike the remainder of the title and insert "and amending RCW 15.24.070."

MOTION

      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 2645, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2645, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2645, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 43.

      Excused: Senators Bluechel, McCaslin, Moyer, Nelson, Rinehart and West - 6.

      HOUSE BILL NO. 2645, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      At 1:16 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      The Senate was called to order at 2:24 p.m. by President Pritchard.

      There being no objection, the President returned the Senate to the fourth order of business.

MESSAGES FROM THE HOUSE

February 25, 1994

MR. PRESIDENT: 

      The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2663, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 26, 1994

MR. PRESIDENT: 

      The House has passed SUBSTITUTE HOUSE BILL NO. 2671, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

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

INTRODUCTION AND FIRST READING OF HOUSE BILLS

ESHB 2663        by House Committee on Revenue (originally sponsored by Representatives Finkbeiner, Foreman, Cothern, G. Fisher, Forner, Patterson, Shin, Dorn, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, Quall, Jones, Moak, H. Myers, Kessler, Springer, King, Morris, Cooke, Backlund and L. Johnson) (by request of Governor Lowry)

Providing tax credits and deferrals for high-technology businesses.

Referred to Committee on Ways and Means.

SHB 2671          by House Committee on Revenue (originally sponsored by Representatives G. Fisher, Foreman, Holm, Mastin, Kremen, Roland, Kessler, Dellwo, Karahalios, Chappell, Conway, R. Johnson, J. Kohl, Patterson, Finkbeiner, Springer, Brown, Dunshee, Shin, Campbell, Dorn, Lemmon, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, Sheldon, Caver, Quall, Jacobsen, Jones, Romero, Moak, Valle, H. Myers, King, Cothern, Morris, Backlund, Van Luven, Rayburn, Long, L. Johnson and Anderson)

Reducing gross receipts taxes for small businesses.

Referred to Committee on Ways and Means.

MOTION

      At 2:25 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Monday, February 28, 1994.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate