NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
FIFTY-SECOND DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Wednesday, March 2, 1994
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Amondson, Erwin, McCaslin, Niemi, Pelz, Rasmussen, Rinehart, Sellar, West and Winsley. On motion of Senator Oke, Senators Amondson, Erwin, McCaslin, Sellar, West and Winsley were excused. On motion of Senator Drew, Senators Pelz, Rasmussen and Rinehart were excused.
The Sergeant at Arms Color Guard, consisting of Pages Dmitry Artemier and Grigoriy Yourganov, presented the Colors. Reverend Frederick Elwood, pastor of St. John's Episcopal Church of Olympia, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE GOVERNOR
February 23, 1994
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Rudolph Bertschi, appointed February 23, 1994, for a term ending June 13, 1997, as a member of the Washington Public Supply System Board of Directors.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Energy and Utilities.
MESSAGES FROM THE HOUSE
March 1, 1994
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE SENATE BILL NO. 6276,
SENATE BILL NO. 6367, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 1, 1994
MR. PRESIDENT:
The House has passed:
ENGROSSED SENATE BILL NO. 5018,
SUBSTITUTE SENATE BILL NO. 5057,
SENATE BILL NO. 5697,
SENATE BILL NO. 6021,
SUBSTITUTE SENATE BILL NO. 6069,
SUBSTITUTE SENATE BILL NO. 6083,
SENATE BILL NO. 6202,
SUBSTITUTE SENATE BILL NO. 6282,
SUBSTITUTE SENATE BILL NO. 6305,
SENATE JOINT MEMORIAL NO. 8029, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE SENATE BILL NO. 6276,
SENATE BILL NO. 6367.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5018,
SUBSTITUTE SENATE BILL NO. 5057,
SENATE BILL NO. 5697,
SENATE BILL NO. 6021,
SUBSTITUTE SENATE BILL NO. 6069,
SUBSTITUTE SENATE BILL NO. 6083,
SENATE BILL NO. 6202,
SUBSTITUTE SENATE BILL NO. 6282,
SUBSTITUTE SENATE BILL NO. 6305,
SENATE JOINT MEMORIAL NO. 8029.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Ludwig, Gubernatorial Appointment No. 9332, Sally Storm, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF SALLY STORM
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 39.
Absent: Senator Niemi - 1.
Excused: Senators Amondson, Erwin, McCaslin, Pelz, Rasmussen, M., Rinehart, Sellar, West and Winsley - 9.
SECOND READING
HOUSE BILL NO. 2271, by Representatives Springer and Chandler (by request of Department of Licensing)
Providing for funeral director and embalmer disciplinary procedures.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 2271 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Drew, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2271.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2271 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 40.
Absent: Senator Bluechel - 1.
Excused: Senators Erwin, Loveland, Pelz, Rasmussen, M., Rinehart, Sellar, West and Winsley - 8.
HOUSE BILL NO. 2271, 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.
MOTIONS
On motion of Senator Oke, Senator Moyer was excused.
On motion of Senator Drew, Senator Owen was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2529, by House Committee on Judiciary (originally sponsored by Representatives Karahalios, Veloria and Mielke)
Providing that persons and entities involved in adoption processes shall incur no liability.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.33.350 and 1991 c 136 s 4 are each amended to read as follows:
(1) Every person, firm, society, association, ((or)) corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to placement and shall make available to all persons with whom a child has been placed by adoption a complete medical report containing all known and available information concerning the mental, physical, and sensory handicaps of the child.
(2) The report shall not reveal the identity of the ((natural)) birth parent of the child except as authorized under this chapter but shall include any known or available mental or physical health history of the ((natural)) birth parent that needs to be known by the adoptive parent to facilitate proper health care for the child or that will assist the adoptive parent in maximizing the developmental potential of the child.
(((2))) (3) Where known or available, the information provided shall include:
(a) A review of the birth family's and the child's previous medical history, ((if available,)) including the child's x-rays, examinations, hospitalizations, and immunizations. After July 1, 1992, medical histories shall be given on a standardized reporting form developed by the department;
(b) A physical exam of the child by a licensed physician with appropriate laboratory tests and x-rays;
(c) A referral to a specialist if indicated; and
(d) A written copy of the evaluation with recommendations to the adoptive family receiving the report.
(4) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child's mental, physical, and sensory handicaps. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's present or future health.
Sec. 2. RCW 26.33.380 and 1993 c 81 s 4 are each amended to read as follows:
(1) Every person, firm, society, association, ((or)) corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to placement and shall make available to all persons with whom a child has been placed by adoption, a family background and child and family social history report, which includes a chronological history of the circumstances surrounding the adoptive placement and any available psychiatric reports, psychological reports, court reports pertaining to dependency or custody, or school reports. Such reports or information shall not reveal the identity of the birth parents of the child but shall contain reasonably available nonidentifying information.
(2) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child's family background and social history. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's mental or physical health.
NEW SECTION. Sec. 3. A new section is added to chapter 26.33 RCW to read as follows:
The department shall adopt rules, in consultation with affected parties, establishing minimum standards for making reasonable efforts to locate records and information relating to adoptions as required under RCW 26.33.350 and 26.33.380."
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 1 of the title, after "adoption;" strike the remainder of the title and insert "amending RCW 26.33.350 and 26.33.380; and adding a new section to chapter 26.33 RCW."
MOTION
On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 2529, 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 Substitute House Bill No. 2529, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2529, as amended by the Senate, 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, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Erwin, Moyer and Owen - 3.
SUBSTITUTE HOUSE BILL NO. 2529, 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
Senator Spanel moved that the Committee on Trade, Technology and Economic Develoment be relieved of further consideration of Senate Concurrent Resolution No 8423 and that the concurrent resolution be placed on the second reading calendar.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Spanel to relieve the Committee on Trade, Technology and Economic Development of further consideration of Senate Concurrent Resolution No. 8423 and to place the concurrent resolution on the second reading calendar.
The motion by Senator Spanel carried and Senate Concurrent Resolution No. 8423 was placed on the second reading calendar.
MOTION
At 9:28 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 10:29 a.m. by President Pritchard.
MOTIONS
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2891, by House Committee on Education (originally sponsored by Representatives Dorn and Springer)
Providing medical aid benefits coverage for school district-sponsored work-based learning experiences.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Committee on Education amendment was adopted:
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. A new section is added to chapter 51.12 RCW to read as follows:
(1) An employer covered under this title may elect to include student volunteers as employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW. The employer shall give notice of its intent to cover all of its student volunteers to the director prior to the occurrence of the injury or contraction of an occupational disease.
(2) A student volunteer is an enrolled student in a public school as defined in RCW 28A.150.010 who is participating as a volunteer under a program authorized by the public school. The student volunteer shall perform duties for the employer without wages. The student volunteer shall be deemed to be a volunteer even if the student is granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties. A person who earns wages for the services performed is not a student volunteer.
(3) Any and all premiums or assessments due under this title on account of service by a student volunteer shall be paid by the employer who has registered and accepted the services of volunteers and has exercised its option to secure the medical aid benefits under chapter 51.36 RCW for the student volunteers.
NEW SECTION. Sec. 2. The task force on school-to-work transitions created under RCW 28A.630.866 shall develop guidelines for nonpaid work-based learning experiences for student volunteers. The task force shall report its finding to the superintendent of public instruction not later than December 14, 1994.
NEW SECTION. Sec. 3. Section 1 of this act shall take effect October 1, 1994. The department of labor and industries may take such steps as are necessary to ensure that this section is implemented on its effective date."
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 2 of the title, after "experiences;" strike the remainder of the title and insert "adding a new section to chapter 51.12 RCW; creating a new section; and providing an effective date."
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2891, 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 Substitute House Bill No. 2891, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2891, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, 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 - 48.
Absent: Senator Vognild - 1.
SUBSTITUTE HOUSE BILL NO. 2891, 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
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510, by House Committee on Appropriations (originally sponsored by Representatives R. Meyers, Reams, Brough, Dorn, Dunshee, Johanson, Pruitt, Shin, Zellinsky, Carlson, R. Johnson, J. Kohl, Karahalios, Basich, Jones, Bray, R. Fisher, Holm, Moak, Sheldon, Valle, Chappell, Eide, Wolfe, B. Thomas, Dyer, King, G. Fisher, L. Johnson, Dellwo, Ogden, Roland, Grant, Jacobsen, Quall, Rayburn, Morris, Romero, Rust, Kremen, Conway, Linville, Patterson, Forner, Long, Mielke, Springer, Cothern, Kessler, H. Myers, Tate, Backlund, Cooke, Wood and Mastin) (by request of Governor Lowry)
Implementing regulatory reform.
The bill was read the second time.
MOTION
Senator Moore moved that the following Committee on Labor and Commerce amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 44.04 RCW to read as follows:
(1) The legislature recognizes that clear grants of rule-making authority are necessary for efficient and effective regulatory programs and accountability in governmental decision making, and that the agency granted rule-making authority should be the most competent to exercise jurisdiction over the subject matter. It is therefore the legislature's purpose to establish processes to ensure that existing and future laws provide clear and appropriate rule-making authority.
(2) The standing committees of the legislature shall selectively review legislative grants of rule-making authority to determine: (a) Whether the authority granted is clear and as intended; (b) whether the legislative intent is specific and includes defined objectives; and (c) whether the grant of authority is consistent with and not duplicative of grants to other agencies. In performing such a review, priority shall be given to grants of rule-making authority to the department of revenue, the employment security department, the department of ecology, the department of labor and industries, the department of health, the department of licensing, the department of fish and wildlife, the department of natural resources, and the insurance commissioner.
In those instances where the review identifies statutes that do not meet these criteria, corrective legislation shall be prepared that clarifies, narrows, or repeals the grants of rule-making authority.
(3) The senate and the house of representatives shall ensure that bills introduced that grant rule-making authority to state agencies contain clear and specific direction regarding the authority granted.
(4) Appropriate standing committees of the senate and house of representatives shall prepare a regulatory note as part of the bill report on each bill before the committee that grants rule-making authority to a state agency. The regulatory note shall identify if rule making is required or authorized by the bill, describe the nature of the rule making, identify agencies to which rule making is delegated, and identify any other agencies that have rule-making authority over the same activity or subject matter. However in the event of a conflict between the note and any section of the revised code of Washington or uncodified session law, the revised code or uncodified session law shall prevail and nothing in the note shall be considered to be part of the revised code or uncodified session law.
Sec. 2. RCW 34.05.370 and 1988 c 288 s 313 are each amended to read as follows:
(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.
(2) The agency rule-making file shall contain all of the following:
(a) Copies of all publications in the state register with respect to the rule or the proceeding upon which the rule is based;
(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(e) The concise explanatory statement required by RCW 34.05.355;
(f) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule; ((and))
(g) Citations to all data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public;
(h) The written summary and response required by RCW 34.05.325(6); and
(i) Any other material placed in the file by the agency.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.
(4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.
Sec. 3. RCW 34.05.350 and 1989 c 175 s 10 are each amended to read as follows:
(1) If an agency for good cause finds:
(a) That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; or
(b) That state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule,
the agency may dispense with those requirements and adopt, amend, or repeal the rule on an emergency basis. The agency's finding and a concise statement of the reasons for its finding shall be incorporated in the order for adoption of the emergency rule or amendment filed with the office of the code reviser under RCW 34.05.380 and with the rules review committee.
(2) An emergency rule adopted under this section takes effect upon filing with the code reviser, unless a later date is specified in the order of adoption, and may not remain in effect for longer than one hundred twenty days after filing. Identical or substantially similar emergency rules may not be adopted in sequence unless conditions have changed or the agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section does not relieve any agency from compliance with any law requiring that its permanent rules be approved by designated persons or bodies before they become effective.
(3) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate repeal of a rule adopted on an emergency basis by any agency headed by a nonelected official. Within seven days after submission of the petition, the governor shall either deny the petition in writing, stating his or her reasons for the denial, or order the immediate repeal of the rule. In ruling on the petition, the governor shall consider only whether the conditions in subsection (1) of this section were met such that adoption of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency rule, any agency action based on that rule is void. This subsection shall not be construed to prohibit adoption of any rule as a permanent rule.
(4) In adopting an emergency rule, the agency shall meet the same criteria as set forth in section 4 of this act or provide written justification for its failure to provide the information.
NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW to read as follows:
(1) In addition to other requirements imposed by law, an agency may not adopt a rule the violation of which subjects a person to a penalty or administrative sanction; that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale, unless:
(a) The rule is needed;
(b) The likely benefits of the rule justify its likely costs;
(c) There are no alternatives to the rule that would be as effective but less burdensome on those required to comply;
(d) Any fee imposed is reasonable and related to the cost of administration;
(e) The rule is clearly and simply stated, so that it can be understood by persons required to comply;
(f) The rule does not conflict with, or unless necessary to achieve the objectives of the statute upon which the rule is based, overlap, or duplicate any other provision of federal, state, or local law;
(g) The rule does not, unless necessary to achieve the objectives of the statute upon which the rule is based, differ from any provision of federal law regulating the same activity or subject matter; and
(h) The rule does not, unless necessary to achieve the objectives of the statute upon which the rule is based, differ in its application to public and private entities.
(2) Nothing in subsection (1) of this section shall be construed to change the existing standard of judicial review of agency rule making.
NEW SECTION. Sec. 5. A new section is added to chapter 34.05 RCW to read as follows:
(1) Upon adoption of any rule covered by section 4 of this act, an agency shall have a plan to: (a) Inform and educate affected persons about the rule; (b) promote voluntary compliance; (c) evaluate whether the rule achieves the purpose for which it was adopted; and (d) evaluate whether the rule avoids the taking of private property for public use unless no reasonable alternative exists that advances the public interest.
(2) Upon the adoption of a rule covered by section 4 of this act regulating the same activity or subject matter as another provision of federal, state, or local law, an agency shall do all of the following:
(a) Provide to the business assistance center a list citing by reference the other federal, state, and local laws that regulate the same activity or subject matter;
(b) Coordinate implementation and enforcement of the rule with the other federal, state, and local entities regulating the same activity or subject matter by doing one or more of the following: (i) Deferring to the other entity; (ii) designating a lead agency; or (iii) entering into an agreement with the other entities specifying how the agency and entities will coordinate implementation and enforcement. If the agency is unable to meet this requirement, the agency shall report to the legislature pursuant to (c) of this subsection;
(c) Report to the chief clerk of the house of representatives and the secretary of the senate regarding: (i) The existence of any overlap or duplication of other federal, state, or local laws, and any differences from federal law; (ii) legislation that may be necessary to eliminate or mitigate any adverse effects of such overlap, duplication, or difference; and (iii) legislation that may be necessary to facilitate coordination with appropriate governmental entities regulating the same activity or subject matter.
(3) For purposes of this section, "taking" means totally destroying or rendering valueless private property, damaging by a public use in connection with an actual taking by the exercise of eminent domain, or when there is interference with use of property to owner's prejudice, with resulting diminution in value. Police action to prevent or abate actual damage to another is not considered a taking.
Sec. 6. RCW 34.05.330 and 1988 c 288 s 305 are each amended to read as follows:
(1) Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. Each agency may prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition. Within sixty days after submission of a petition, the agency shall (((1))) (a) either deny the petition in writing, stating its reasons for the denial, or (((2))) (b) initiate rule-making proceedings in accordance with this chapter.
(2) If an agency headed by a nonelected official denies a petition to repeal or amend a rule submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial to the governor. The petitioner may file notice of the appeal with the code reviser for publication in the Washington State Register. Within sixty days after receiving the appeal, the governor shall either reject the appeal in writing, stating his or her reasons for the rejection, or order the agency to initiate rule-making proceedings in accordance with this chapter. In deciding on the appeal, among other factors the governor should consider:
(a) Whether the agency complied with sections 4 and 5 of this act;
(b) Whether the agency has established an adequate internal rules review process, allowing public participation, and has subjected the rule to that review;
(c) The nature of complaints and other comments received from the public concerning the rule;
(d) Whether the rule conflicts with, overlaps, or duplicates any other provision of federal, state, or local law and, if so, whether the agency has taken steps to mitigate any adverse effects of the conflict, overlap, or duplication;
(e) The extent to which technology, social or economic conditions, or other relevant factors have changed since the rule was adopted, and whether, given those changes, the rule continues to be necessary and appropriate;
(f) Whether the statute that the rule implements has been amended or repealed by the legislature, or ruled invalid by a court.
(3) The governor's office shall provide a copy of the governor's ruling under subsection (2) of this section to anyone upon request.
Sec. 7. RCW 34.05.325 and 1992 c 57 s 1 are each amended to read as follows:
(1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule. Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.
(3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments. The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.
(4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing. Rule-making hearings shall be open to the public. The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means. Unless the agency head presides or is present at substantially all the hearings, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing. The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.
(5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment. Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.
(6) Before the adoption of a final rule, an agency shall prepare a written summary of all comments received regarding the proposed rule, and a substantive response to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so. The agency shall provide the written summary and response to any person upon request or from whom the agency received comment.
Sec. 8. RCW 34.05.355 and 1988 c 288 s 310 are each amended to read as follows:
(((1))) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (((a))) (1) the agency's reasons for adopting the rule, and (((b))) (2) a description of any difference between the text of the proposed rule as published in the register and the text of the rule as adopted, other than editing changes, stating the reasons for change.
(((2) Upon the request of any interested person within thirty days after adoption of a rule, the agency shall issue a concise statement of the principal reasons for overruling the considerations urged against its adoption.))
NEW SECTION. Sec. 9. A new section is added to chapter 19.85 RCW to read as follows:
The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment, and new employment opportunities, and threatens the very existence of some small businesses. The legislature therefore enacts the regulatory fairness act, chapter . . ., Laws of 1994 (this act), with the intent of reducing the disproportionate impact of state administrative rules on small business.
Sec. 10. RCW 19.85.020 and 1993 c 280 s 34 are each amended to read as follows:
Unless the context clearly indicates otherwise, the definitions in this section apply through this chapter.
(1) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees.
(2) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.
(3) "Industry" means all of the businesses in this state in any one ((three-digit)) four-digit standard industrial classification as published by the United States department of commerce.
(4) "Taking" means totally destroying or rendering valueless private property, damaging by a public use in connection with an actual taking by the exercise of eminent domain, or when there is interference with use of property to owner's prejudice, with resulting diminution in value. Police action to prevent or abate actual damage to another is not considered a taking.
Sec. 11. RCW 19.85.030 and 1989 c 374 s 2 and 1989 c 175 s 72 are each reenacted and amended to read as follows:
((In the adoption of any rule pursuant to RCW 34.05.320 that will have an economic impact on more than twenty percent of all industries, or more than ten percent of any one industry, the adopting agency:
(1) Shall reduce the economic impact of the rule on small business by doing one or more of the following when it is legal and feasible in meeting the stated objective of the statutes which are the basis of the proposed rule:
(a) Establish differing compliance or reporting requirements or timetables for small businesses;
(b) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses;
(c) Establish performance rather than design standards;
(d) Exempt small businesses from any or all requirements of the rule;
(2) Shall prepare a small business economic impact statement in accordance with RCW 19.85.040 and file such statement with the code reviser along with the notice required under RCW 34.05.320;
(3))) (1) In the adoption of a rule under RCW 34.05.320, an agency shall prepare a small business economic impact statement: (a) If the proposed rule will impose more than minor costs on businesses in an industry; or (b) if requested to do so by a majority vote of the joint administrative rules review committee within thirty days after notice of the proposed rule is published in the state register.
An agency shall prepare the small business economic impact statement in accordance with RCW 19.85.040, and file it with the code reviser along with the notice required under RCW 34.05.320. An agency shall file a statement prepared at the request of the joint administrative rules review committee with the code reviser upon its completion before the adoption of the rule. An agency shall provide a copy of the small business economic impact statement to any person requesting it.
An agency may request assistance from the business assistance center in the preparation of the small business economic impact statement.
(2) A proposed rule will impose more than minor costs on businesses in an industry when the costs imposed will equal or exceed 0.1 percent of the average yearly profit for businesses in that industry. The business assistance center shall develop guidelines to assist agencies in determining whether a proposed rule will impose such costs. The business assistance center may review an agency determination that a proposed rule will not impose such costs, and shall advise the joint administrative rules review committee on disputes involving agency determinations under this section.
(3) Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, unless reasonable justification exists to do otherwise, reduce the costs imposed by the rule on small businesses. Methods to reduce the costs on small businesses may include, but are not limited to:
(a) Reducing, modifying, or eliminating substantive regulatory requirements;
(b) Establishing performance rather than design standards;
(c) Simplifying, reducing, or eliminating recordkeeping and reporting requirements;
(d) Reducing the frequency of inspections;
(e) Delaying compliance timetables; or
(f) Reducing or modifying fine schedules for noncompliance.
Sec. 12. RCW 19.85.040 and 1989 c 374 s 3 and 1989 c 175 s 73 are each reenacted and amended to read as follows:
(1) A small business economic impact statement must include a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. ((A small business economic impact statement)) It shall analyze((, based on existing data,)) the costs of compliance for businesses required to comply with the ((provisions of a)) proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, lost sales or revenue, and increased administrative costs((, and)). To determine whether the proposed rule will have a disproportionate impact on small businesses, the impact statement must compare ((to the greatest extent possible)) the cost of compliance for small business with the cost of compliance for the ten percent of ((firms which)) businesses that are the largest businesses required to comply with the proposed ((new or amendatory)) rules((. The small business economic impact statement shall use)) using one or more of the following as a basis for comparing costs:
(((1))) (a) Cost per employee;
(((2))) (b) Cost per hour of labor; or
(((3))) (c) Cost per one hundred dollars of sales((;
(4) Any combination of (1), (2), or (3))).
(2) A small business economic impact statement must also include:
(a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(3), or reasonable justification for not doing so, addressing, at a minimum, each of the options listed in RCW 19.85.030(3);
(b) A description of how the agency will involve small businesses in the development of the rule; and
(c) A list of industries that will be required to comply with the rule.
(3) To obtain information for purposes of this section, an agency may survey a representative sample of affected businesses or trade associations and should, whenever possible, appoint a committee under RCW 34.05.310(2) to assist in the accurate assessment of the costs of a proposed rule, and the means to reduce the costs imposed on small business.
NEW SECTION. Sec. 13. A new section is added to chapter 19.85 RCW to read as follows:
Unless so requested by a majority vote of the joint administrative rules review committee under RCW 19.85.030, an agency is not required to comply with this chapter when adopting any rule solely for the purpose of conformity or compliance, or both, with federal law. In lieu of the statement required under RCW 19.85.030, the agency shall file a statement citing, with specificity, the federal law with which the rule is being adopted to conform or comply, and describing the consequences to the state if the rule is not adopted.
Sec. 14. RCW 34.05.320 and 1992 c 197 s 8 are each amended to read as follows:
(1) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the proposal of a rule. The notice shall include all of the following:
(a) A title, a description of the rule's purpose, and any other information which may be of assistance in identifying the rule or its purpose;
(b) Citations of the statutory authority for adopting the rule and the specific statute the rule is intended to implement;
(c) A summary of the rule and a statement of the reasons supporting the proposed action;
(d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcement of the rule;
(e) The name of the person or organization, whether private, public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any, regarding statutory language, implementation, enforcement, and fiscal matters pertaining to the rule;
(g) Whether the rule is necessary as the result of federal law or federal or state court action, and if so, a copy of such law or court decision shall be attached to the purpose statement;
(h) When, where, and how persons may present their views on the proposed rule;
(i) The date on which the agency intends to adopt the rule;
(j) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would modify existing rules, a short description of the changes the proposal would make; and
(k) A statement indicating how a person can obtain a copy of the small business economic impact statement((, if applicable, and a statement of steps taken to minimize the economic impact in accordance with RCW 19.85.030)) prepared under chapter 19.85 RCW, or an explanation for why the agency did not prepare the statement.
(2) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the notice on file and available for public inspection and shall forward three copies of the notice to the rules review committee.
(3) No later than three days after its publication in the state register, the agency shall cause a copy of the notice of proposed rule adoption to be mailed to each person who has made a request to the agency for a mailed copy of such notices. An agency may charge for the actual cost of providing individual mailed copies of these notices.
(4) In addition to the notice required by subsections (1) and (2) of this section, an institution of higher education shall cause the notice to be published in the campus or standard newspaper of the institution at least seven days before the rule-making hearing.
NEW SECTION. Sec. 15. A new section is added to chapter 43.31 RCW to read as follows:
To assist state agencies in reducing regulatory costs to small business and to promote greater public participation in the rule-making process, the business assistance center shall:
(1) Develop agency guidelines for the preparation of a small business economic impact statement and compliance with chapter 19.85 RCW;
(2) Review and provide comments to agencies on draft or final small business economic impact statements;
(3) Advise the joint administrative rules review committee on whether an agency reasonably assessed the costs of a proposed rule and reduced the costs for small business as required by chapter 19.85 RCW; and
(4) Organize and chair a state rules coordinating committee, consisting of agency rules coordinators and interested members of the public, to develop an education and training program that includes, among other components, a component that addresses voluntary compliance, for agency personnel responsible for rule development and implementation. The business assistance center shall submit recommendations to the department of personnel for an administrative procedures training program that is based on the sharing of interagency resources.
NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:
(1) RCW 19.85.010 and 1982 c 6 s 1;
(2) RCW 19.85.060 and 1989 c 374 s 5; and
(3) RCW 19.85.080 and 1992 c 197 s 2.
Sec. 17. RCW 34.05.620 and 1988 c 288 s 602 are each amended to read as follows:
Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, including section 4 of this act and chapter 19.85 RCW, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.
Sec. 18. RCW 34.05.630 and 1993 c 277 s 1 are each amended to read as follows:
(1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the legislature.
(2) The rules review committee may review an agency's use of policy statements, guidelines, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule or whether they are within the intent of the legislature as expressed by the governing statute.
(3) If the rules review committee finds by a majority vote of its members: (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, including section 4 of this act and chapter 19.85 RCW, (c) that an agency is using a policy statement, guideline, or issuance in place of a rule, or (d) that the policy statement, guideline, or issuance is outside of legislative intent, the agency affected shall be notified of such finding and the reasons therefor. Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rules review committee's finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320. The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, including section 4 of this act and chapter 19.85 RCW, (c) whether the agency is using a policy statement, guideline, or issuance in place of a rule, or (d) whether the policy statement, guideline, or issuance is within the legislative intent.
Sec. 19. RCW 34.05.640 and 1993 c 277 s 2 are each amended to read as follows:
(1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules. If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.
(2) If the rules review committee finds, by a majority vote of its members: (a) That the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, or (b) that an existing rule was not adopted in accordance with all applicable provisions of law, including section 4 of this act and chapter 19.85 RCW, or (c) that the agency is using a policy statement, guideline, or issuance in place of a rule, or that the policy statement, guideline, or issuance is outside of the legislative intent, the rules review committee may, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.
(3) If the rules review committee makes an adverse finding under subsection (2) of this section, the committee may, by a two-thirds vote of its members, recommend suspension of an existing rule. Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.
(4) If the governor disapproves the recommendation of the rules review committee to suspend the rule, the transmittal of such decision, along with the findings of the rules review committee, shall be treated by the agency as a petition by the rules review committee to repeal the rule under RCW 34.05.330.
(5) The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (1), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.
(((5))) (6) An election by the rules review committee to recommend suspension of a rule, whether or not the suspension is approved by the governor, establishes a presumption in any subsequent judicial review of the rule that the rule is invalid. The burden of demonstrating the rule's validity is then on the adopting agency.
(7) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.
Sec. 20. RCW 34.05.660 and 1988 c 288 s 606 are each amended to read as follows:
Except as provided in RCW 34.05.640(6), it is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection required by RCW 34.05.630(2) and 34.05.640(2) in no way serves to establish a presumption as to the legality or constitutionality of a rule in any subsequent judicial proceedings interpreting such rules.
NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:
(1) RCW 34.05.670 and 1992 c 197 s 3; and
(2) RCW 34.05.680 and 1992 c 197 s 4.
NEW SECTION. Sec. 22. The department of community, trade, and economic development shall develop a standardized format for reporting information that is commonly required from the public by state and local government agencies for permits, licenses, approvals, and services. In the development of the format, the department shall work in conjunction with representatives from state and local government agencies and representatives of the business community.
The department shall submit the standardized format together with recommendations for implementation to the legislature by December 31, 1994.
NEW SECTION. Sec. 23. A new section is added to chapter 34.05 RCW to read as follows:
(1) This section applies only to the department of revenue, the employment security department, the department of ecology, the department of labor and industries, the department of health, the department of licensing, and the department of fish and wildlife.
(2) An agency listed in subsection (1) of this section may immediately impose a penalty otherwise provided for by law for a violation of a statute or administrative rule by a business entity only if the entity on which the penalty will be imposed has: (a) Previously violated the same statute or rule; or (b) willfully violated the statute or rule. Where a penalty is otherwise provided, but may not be imposed under this subsection, the agency shall issue a statement of deficiency.
(3) A statement of deficiency shall specify: (a) The particular rule violated; (b) the steps the entity must take to comply with the rule; (c) agency personnel designated by the agency to provide technical assistance regarding compliance with the rule; and (d) a date by which the entity is required to comply with the rule. The date specified shall provide a reasonable period of time for the entity to comply with the rule, considering the size of the entity, its available resources, and the threat posed by the violation. If the entity fails to comply with the rule by the date specified, it shall be subject to the penalty otherwise provided in law.
(4) Subsection (2) of this section shall not apply to any violation that places a person in danger of death or substantial bodily harm, is causing or is likely to cause significant environmental harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars. With regard to a statute or rule requiring the payment of a tax, subsection (1) of this section shall not apply when a business entity has paid less than eighty-five percent of the tax actually owed.
(5) The state, the agency, and officers or employees of the state shall not be liable for damages to any person to the extent that liability is asserted to arise from the technical assistance provided under this section, or if liability is asserted to arise from the failure of the agency to supply technical assistance.
(6) Where a state agency has been delegated authority to enforce federal rules, the agency shall submit a written petition to the appropriate federal agency for authorization to comply with this section for all inspections while retaining the state's federal delegation. In such cases, this section applies only to the extent authorized by the appropriate federal agency.
NEW SECTION. Sec. 24. A new section is added to chapter 4.84 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 24 through 26 and 27 of this act.
(1) "Agency" means agency as defined by chapter 34.05 RCW.
(2) "Fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of a study, analysis, engineering report, test, or project that is found by the court to be necessary for the preparation of the party's case, and reasonable attorneys' fees. Reasonable attorneys' fees shall be based on the prevailing market rates for the kind and quality of services furnished, except that (a) no expert witness may be compensated at a rate in excess of the highest rates of compensation for expert witnesses paid by the state of Washington, and (b) attorneys' fees shall not be awarded in excess of one hundred fifty dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.
(3) "Judicial review" means a judicial review as defined by chapter 34.05 RCW.
(4) "Qualified party" means (a) an individual whose net worth did not exceed one million dollars at the time the initial petition for judicial review was filed; (b) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed five million dollars at the time the initial petition for judicial review was filed, except that an organization described in section 501(c)(3) of the federal internal revenue code of 1954 as exempt from taxation under section 501(a) of the code and a cooperative association as defined in section 15(a) of the agricultural marketing act (12 U.S.C. Sec. 1141J(a)), may be a party regardless of the net worth of such organization or cooperative association; or (c) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization, having not more than one hundred employees at the time the initial petition for judicial review was filed.
(5) "Rule" means a rule as defined by chapter 34.05 RCW.
NEW SECTION. Sec. 25. A new section is added to chapter 4.84 RCW to read as follows:
If upon judicial review a rule is declared invalid and the party that challenged the rule is a qualified party, the party shall be awarded fees and other expenses not to exceed fifty thousand dollars. This section does not apply unless all parties to the action challenging the rule are qualified parties. If two or more qualified parties join in an action challenging a rule, the fees and expenses awarded shall not in total exceed fifty thousand dollars.
NEW SECTION. Sec. 26. A new section is added to chapter 4.84 RCW to read as follows:
Fees and other expenses awarded under section 25 of this act shall be paid by the agency that adopted the invalid rule from operating funds appropriated to the agency within sixty days. Agencies paying fees and other expenses pursuant to section 25 of this act shall report all payments to the office of financial management within five days of paying the fees and other expenses. Fees and other expenses awarded by the court shall be subject to chapter 39.76 RCW and shall be deemed payable on the date the court announces the award.
NEW SECTION. Sec. 27. A new section is added to chapter 43.88 RCW to read as follows:
The office of financial management shall report annually to the legislature on the amount of fees and other expenses awarded during the preceding fiscal year under section 25 of this act. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and other relevant information that may aid the legislature in evaluating the scope and impact of the awards.
NEW SECTION. Sec. 28. Section 10 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 29. 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."
POINT OF ORDER
Senator Fraser: "Mr. President, I raise a point of order. I believe that Section 23 of the proposed striking amendment from the committee exceeds the scope and object of the bill. Please look at the title of the bill and its content, and then, specifically, at Section 23. The title of the bill is an act relating to the implementation of the recommendation of the Governor's Task Force on Regulatory Reform.
"The bill as it comes to us from the House fits that title. It implements numerous specific recommendations in the Task Force Report. Section 23 of the striking amendment has as it predecessor Section 16 of the bill that came to us from the House. This section is consistent with the Task Force recommendations. It implements recommendations in the Report that are under the heading of Technical Assistance Without Penalty. In the Report's discussion of this topic, it says that the nature of the problem is as follows: People fear that if they ask the regulatory agencies for assistance and advice, they may receive a citation, fine or immediate compliance orders. This is because regulatory agencies may have rigid guidelines for enforcement in which both the inspector and the public are caught which discourages communication and helpfulness, so the recommendations, one through four, on page nine of the Report address this identified problem. Recommendation four of this set of recommendations clearly indicates that the scope of technical assistance envisioned by this recommendation relates to matters of a physical nature, such as environmental standards or workers safety standards. The language in recommendation four which is also in the house bill refers to vocabulary such as owner or operator of the facility--to inspections, to observe violations, to a violation of places a person is in danger or is likely to cause physical damage to the property of others or cause significant environmental harm. The house bill itself refers to on site consolation at industrial or commercial facilities. That is what Section 23 does.
"Now, the committee striking amendment would add two subjects. First, it adds the new subject of alternative approaches. This is a subject in the Task Force Report in a different section of the Report completely separate from technical assistance. Alternative approaches is found on page thirteen. In the Report, alternative approach refers to compliance with the law, rather than with technical assistance on how to understand the law. Two different subjects. Specifically, the Report says alternative approaches are defined as alternative to the command and control approach to regulation which is one of directing behavior by setting standards and then having penalties. The Report makes it clear that the Task Force makes no recommendation on this subject of alternative approaches, either to the Governor or the Legislature. It is only recommendations that it create a Task Force to study this further and this is underscored by the transmittal letter to the Governor and the attachment to the Report. This is the reason why the new subject of alternative approachs is not found in the house bill--"
REPLY BY PRESIDENT PRITCHARD
President Pritchard: "Senator Fraser, we are under the three minute rule. Also, when you have--you might be summarizing--"
Senator Fraser: "O.K., my other point is the new subject relates to tax collection. There is nothing in the Task Force Report or the House Bill that gives any indication that they were talking about an entirely new approach to tax collection for fifteen percent of the revenues of major sources in the state. I urge you to consider this point of order."
Further debate ensued.
There being no objection, the President deferred further consideration of Engrossed Second Substitute House Bill No. 2510.
SECOND READING
SENATE BILL NO. 6307, by Senators Talmadge and Winsley (by request of Health Care Authority)
Clarifying health care authority powers and duties.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 6307 was substituted for Senate Bill No. 6307 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Talmadge, the rules were suspended, Substitute Senate Bill No. 6307 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6307.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6307 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 39.
Voting nay: Senators Amondson, Anderson, Cantu, Erwin, McCaslin, McDonald, Morton, Newhouse, Sellar and Smith, L. - 10.
SUBSTITUTE SENATE BILL NO. 6307, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434, by House Committee on Commerce and Labor (originally sponsored by Representatives Riley and Basich)
Changing a time limit for public works bids.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 2434 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. 2434.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2434 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 37.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Morton, Nelson, Newhouse and Schow - 12.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434, 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
ENGROSSED HOUSE BILL NO. 1756, by Representatives Veloria, Brumsickle and Casada
Requiring the use of licensed or certified electricians for certain purposes.
The bill was read the second time.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 1, line 11, after "lease" insert ": PROVIDED, That nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work on a residential building with up to four units intended for rent, sale, or lease if the person intends to occupy one of the units as his or her residence"
Debate ensued.
POINT OF INQUIRY
Senator McCaslin: "Senator Sutherland, on line 8, if we had an oral amendment that stated, 'if the person occupies one of the units,' would you support it then?"
Senator Sutherland: "Perhaps, if it stated that the person occupies it for a distinct period of time, let's say a year or so. Then there is some value at looking at that, but just to allow someone--when they apply for an electrical permit to say, 'Oh, I intend on living there,'--they could be saying that to a hundred units a year and they maybe, at one time, did sit in their bedroom or in their kitchen and say, 'Yeh, I might live there.' If we, in fact, said that they have to move in and they must occupy it as their principle residence for a duration of a year, then I think there is a lot more value in looking at this kind of thing."
Senator McCaslin: "You say there is value. Would you support it then if Senator Hochstatter offered that oral amendment to kind of put this together? I am kind of trying to be a peace-maker here, Senator. I would love to see this pass."
Senator Sutherland: "Senator McCaslin, you are always noted as a peace-maker. If your motion is to set the bill down for a while, so that we can take a look at an amendment that might have some match-making support, then let's take a look at that."
MOTION
On motion of Senator McCaslin, and there being no objection, further consideration of Engrossed House Bill No. 1756 was deferred.
MOTION
On motion of Senator Oke, Senator Winsley was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2526, by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey, Chandler, Anderson, Wineberry, Campbell, Casada, Chappell, Morris, Kessler, Dorn, King, Carlson, Conway, G. Cole, R. Meyers, Hansen, Pruitt, Bray, J. Kohl, Jones, Leonard, Holm, Moak, Eide, Roland, Scott, Grant, Quall, Kremen, Schoesler, Talcott and Springer)
Including chiropractic care in health services available under industrial insurance.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2526 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. 2526.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2526 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, 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, West, Williams and Wojahn - 48.
Excused: Senator Winsley - 1.
SUBSTITUTE HOUSE BILL NO. 2526, 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.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2170, by House Committee on Education (originally sponsored by Representatives Sommers, Silver, Ogden, Fuhrman, Dunshee, Dorn, Brough, B. Thomas, L. Johnson and J. Kohl) (by request of Legislative Budget Committee)
Extending the duration of special services demonstration projects.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2170 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2170.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2170 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, 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 and Wojahn - 47.
Voting nay: Senator Vognild - 1.
Excused: Senator Winsley - 1.
SUBSTITUTE HOUSE BILL NO. 2170, 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. 1561, by House Committee on Human Services (originally sponsored by Representatives Brown, Wolfe, Thibaudeau, Mastin, J. Kohl, H. Myers, Johanson, Romero, Leonard, Karahalios and L. Johnson)
Studying whether preschools should be regulated like agencies that care for children, expectant mothers, and developmentally disabled people.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 1561 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1561.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1561 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Morton, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn - 40.
Voting nay: Senators Cantu, Deccio, McDonald, Newhouse, Roach and Schow - 6.
Absent: Senator Vognild - 1.
Excused: Senators Moyer and Winsley - 2.
SUBSTITUTE HOUSE BILL NO. 1561, 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.
President Pritchard assumed the Chair.
SECOND READING
HOUSE BILL NO. 2338, by Representatives Bray and Long (by request of Utilities and Transportation Commission)
Authorizing late fees and interest for delinquent payment of fees to the Utilities and Transportation Commission.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, House Bill No. 2338 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Drew, Senator Vognild was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2338.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2338 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn - 33.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, McDonald, Morton, Prince, Roach, Schow, Sellar and Smith, L. - 13.
Excused: Senators Moyer, Vognild and Winsley - 3.
HOUSE BILL NO. 2338, 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 Spanel, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 1994-8688
By Senators Rasmussen, Anderson, Amondson, McAuliffe, McCaslin, L. Smith, Sellar, McDonald, Sutherland, Spanel, Roach, Snyder, Morton, West, Pelz, Loveland, Newhouse, Bluechel, Schow, Oke and Haugen
WHEREAS, Washington is home to 1,070 dairy farms and more than a quarter of a million dairy cows; and
WHEREAS, Our state's dairy farmers contributed $648 million to the state's economy in 1992; and
WHEREAS, Milk production ranks second in dollar value among Washington's agricultural commodities; and
WHEREAS, Our state is ranked ninth nationwide in milk production; and
WHEREAS, The first creamery in Washington state was started at Cheney in 1880, at a time when cattle outnumbered state residents by more than two-to-one; and
WHEREAS, Citizens throughout the state today honor this special industry with the annual Dairy Day celebration at the State Capital; and
WHEREAS, The Washington State Dairy Federation is the proud sponsor of this observance; and
WHEREAS, Sonya Strawder, of Lynnwood, is representing the dairy industry with distinction as the reigning State Dairy Princess; and
WHEREAS, The Benjert family of the Yakima Valley, the Bergsma family of Lynden, and the Kytola family of Brush Prairie are admirably representing the dairy farmers of Washington as the 1994 Washington State Dairy Families of the Year;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate acknowledge and commemorate the men and women whose work on dairy farms throughout Washington has contributed to the economy of our state, the character of our communities, and the well being of our citizens; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the President of the Senate to Sonya Strawder and to the Benjert, Bergsma, and Kytola families.
Senators Rasmussen and Amondson spoke to Senate Resolution 1994-8688.
INTRODUCTION OF SPECIAL GUESTS
The President introduced and welcomed Sonya Strawder, the Washington State Dairy Ambassador, and the Washington State Dairy Princesses, Karen Rod and Kendi Schilke, who were seated on the rostrum.
With permission of the Senate, business was suspended to permit Dairy Ambassador Sonya to address the Senate.
The President also introduced the Benjert family of the Yakima Valley, the Bergsma family of Lynden and the Kytola family of Brush Prairie, 1994 Washington State Dairy Families of the Year, as well as members of the Dairy Ambassador delegation who were seated in the gallery.
Senators Sutherland and McCaslin gave a special welcome to the members of the Dairy Industry.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2151, by House Committee on Health Care (originally sponsored by Representatives L. Johnson, Ballasiotes, Dellwo, Chappell, Cothern, Conway, Thibaudeau, Talcott, Wood, Heavey, Sheldon, Van Luven, Campbell, Brough, Dorn, Lemmon, Long, Dyer, Kessler, Holm, Wineberry, Basich, Romero, Springer, Hansen, H. Myers, Leonard and Foreman)
Requiring that victims of felony sex offenses be given notice of HIV test results, whether the results are positive or negative.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 2151 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. 2151.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2151 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn - 44.
Absent: Senators Bluechel and Oke - 2.
Excused: Senators Moyer, Vognild and Winsley - 3.
SUBSTITUTE HOUSE BILL NO. 2151, 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. 2282, by Representatives Holm and Appelwick
Providing that a district court judges salary is not reduced when a pro tempore judge serves due to an affidavit of prejudice.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2282 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. 2282.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2282 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, 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 and Wojahn - 44.
Absent: Senators Ludwig and Rinehart - 2.
Excused: Senators Bluechel, Moyer and Winsley - 3.
HOUSE BILL NO. 2282, 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 11:49 a.m., on motion of Senator Spanel, the Senate recessed until 2:30 p.m.
The Senate was called to order at 3:02 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
March 2, 1994
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 2517, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 2, 1994
MR. PRESIDENT:
The House has passed:
ENGROSSED SENATE BILL NO. 5154,
SUBSTITUTE SENATE BILL NO. 5819,
SUBSTITUTE SENATE BILL NO. 6006,
SENATE BILL NO. 6030,
SENATE BILL NO. 6067,
SUBSTITUTE SENATE BILL NO. 6098,
SENATE BILL NO. 6135, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5154,
SUBSTITUTE SENATE BILL NO. 5819,
SUBSTITUTE SENATE BILL NO. 6006,
SENATE BILL NO. 6030,
SENATE BILL NO. 6067,
SUBSTITUTE SENATE BILL NO. 6098,
SENATE BILL NO. 6135.
MOTION
On motion of Senator Spanel, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
EHB 2517 by Representatives Holm, Brumsickle, Roland, Chappell, Romero, Rayburn, Wolfe, Fuhrman, Sheldon, Brown, G. Fisher, Bray, Valle, Dyer, Long, Chandler, Backlund, Cooke and Wood
Making the business and occupation tax on for-profit hospitals equal to the tax on nonprofit hospitals.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
MOTIONS
On motion of Senator Oke, Senator Amondson was excused.
On motion of Senator Loveland, Senator Pelz was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198, by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Campbell, Horn, Long, Wood, Appelwick, Ballard, Karahalios, Reams, Wineberry, Foreman, Kessler, Cooke, Dyer, Schoesler, Casada, B. Thomas, Carlson, Van Luven, Silver, Schmidt, Brumsickle, Brough, J. Kohl, King, Flemming, Roland, Kremen, Sheldon, Chandler, Eide, Johanson, Lisk, Sehlin and Springer)
Forbidding juvenile sex offenders from attending the same school as their victims.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 2198 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2198.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2198 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.
Voting yea: Senators Anderson, Bauer, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.
Absent: Senators Drew, Prince and Rinehart - 3.
Excused: Senators Amondson, Bluechel and Pelz - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198, 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.
There being no objection, the Senate resumed consideration of Engrossed Second Substitute House Bill No. 2510 and the pending Committee on Labor and Commerce striking amendment deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Fraser, the President finds that Engrossed Second Substitute House Bill No. 2510 is a measure which makes changes in agency rulemaking processes and numerous other changes in regulatory matters, including changes in the compliance procedures for toxic waste and the ability of agencies to assess penalties for violations of rules and statutes.
"The Committee on Labor and Commerce striking amendment would also make numerous changes in regulatory matters, including the conditions under which agencies may assess penalties for violation of law or rule.
"The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."
The Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510 was ruled in order.
MOTION
Senator Anderson moved that the following amendment by Senator Amondson to the Committee on Labor and Commerce striking amendment be adopted:
On page 2, after line 8 of the amendment, insert the following:
"NEW SECTION. Sec. 2. The legislature finds that it has allowed state agencies to adopt administrative rules without sufficient guidance from the legislature, relying on general grants of authority rather than specific legislative policy direction. This has resulted in agency-initiated policy that has been adopted without the benefit of the public dialogue and accountability inherent to the legislative process. It is therefore the intent of the legislature in this act to lessen reliance on general grants of authority, limit agency rule making to those matters specifically authorized by the legislature, and that grants of rule-making authority be narrowly construed.
Sec. 3. RCW 43.70.040 and 1989 1st ex.s. c 9 s 106 are each amended to read as follows:
In addition to any other powers granted the secretary, the secretary may:
(1) Adopt, in accordance with chapter 34.05 RCW, rules ((necessary to carry out the provisions of this act;)) or policy statements, other than emergency rules, only:
(a) As specifically required by federal law; or
(b) As specifically authorized, and only to the extent specifically authorized, by the legislature.
(2) Appoint such advisory committees as may be necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060. The secretary and the board of health shall review each advisory committee within their jurisdiction and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed. The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;
(3) Undertake studies, research, and analysis necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess. in accordance with RCW 43.70.050;
(4) Delegate powers, duties, and functions of the department to employees of the department as the secretary deems necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess.;
(5) Enter into contracts on behalf of the department to carry out the purposes of ((this act)) chapter 9, Laws of 1989 1st ex. sess.;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of ((this act)) chapter 9, Laws of 1989 1st ex. sess.; or
(7) Accept gifts, grants, or other funds.
Sec. 4. RCW 82.01.060 and 1977 c 75 s 92 are each amended to read as follows:
The director of revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. referred to as the director, through the department of revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. referred to as the department, shall:
(1) Assess and collect all taxes and administer all programs relating to taxes which are the responsibility of the tax commission at the time ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. takes effect or which the legislature may hereafter make the responsibility of the director or of the department;
(2) ((Make, adopt and publish such rules and regulations as he may deem necessary or desirable to carry out the powers and duties imposed upon him or the department by the legislature: PROVIDED, That)) The director of revenue may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(a) As specifically required by federal law; or
(b) As specifically authorized, and only to the extent specifically authorized, by the legislature.
(3) Rules ((and regulations)) adopted by the tax commission prior to the effective date of this ((1967 amendatory)) 1994 act shall remain in force until such time as they may be revised or rescinded by the director;
(((3))) (4) Provide by general regulations for an adequate system of departmental review of the actions of the department or of its officers and employees in the assessment or collection of taxes;
(((4))) (5) Maintain a tax research section with sufficient technical, clerical and other employees to conduct constant observation and investigation of the effectiveness and adequacy of the revenue laws of this state and of the sister states in order to assist the governor, the legislature and the director in estimation of revenue, analysis of tax measures, and determination of the administrative feasibility of proposed tax legislation and allied problems;
(((5))) (6) Recommend to the governor such amendments, changes in, and modifications of the revenue laws as seem proper and requisite to remedy injustice and irregularities in taxation, and to facilitate the assessment and collection of taxes in the most economical manner.
NEW SECTION. Sec. 5. A new section is added to chapter 43.21A RCW to read as follows:
The director of the department of ecology may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
NEW SECTION. Sec. 6. A new section is added to chapter 43.22 RCW to read as follows:
The director of the department of labor and industries may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
NEW SECTION. Sec. 7. A new section is added to chapter 43.24 RCW to read as follows:
The director of the department of licensing may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
Sec. 8. RCW 46.01.110 and 1979 c 158 s 120 are each amended to read as follows:
The director of licensing is hereby authorized to adopt ((and enforce such reasonable rules and regulations as may be consistent with and)), in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
The rules shall be necessary to carry out the provisions relating to vehicle licenses, certificates of ownership and license registration and drivers' licenses not in conflict with the provisions of Title 46 RCW.
Sec. 9. RCW 50.12.010 and 1977 c 75 s 75 are each amended to read as follows:
The commissioner shall administer this title. He or she shall have the power and authority to ((adopt, amend, or rescind such rules and regulations, to)) employ ((such)) persons, make ((such)) expenditures, require ((such)) reports, make ((such)) investigations, and take ((such)) other action as he or she deems necessary or suitable to that end. ((Such rules and regulations shall be effective upon publication and in the manner, not inconsistent with the provisions of this title, which the commissioner shall prescribe.)) The commissioner, in accordance with the provisions of this title, shall determine the organization and methods of procedure of the divisions referred to in this title, and shall have an official seal which shall be judicially noticed. The commissioner shall submit to the governor a report covering the administration and operation of this title during the preceding fiscal year, July 1 through June 30, and shall make ((such)) recommendations for amendments to this title as he or she deems proper. ((Such)) The report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. Whenever the commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly ((so)) inform the governor and legislature and make recommendations with respect thereto.
NEW SECTION. Sec. 10. A new section is added to chapter 50.12 RCW to read as follows:
The commissioner of the employment security department may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
Sec. 11. RCW 77.04.090 and 1984 c 240 s 1 are each amended to read as follows:
The commission shall adopt ((permanent rules and amendments to or repeals of existing rules)), in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature, by approval of four members by resolution, entered and recorded in the minutes of the commission. The commission shall adopt emergency rules by approval of four members. The commission or the director, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.
A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
Sec. 12. RCW 43.17.060 and 1965 c 8 s 43.17.060 are each amended to read as follows:
The director of each department may prescribe ((rules and regulations,)) guidelines not inconsistent with law, for the government of his or her department, the conduct of its subordinate officers and employees, the disposition and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto. This section shall not be construed to authorize the adoption of rules under chapter 34.05 RCW.
NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:
(1) RCW 43.21A.080 and 1970 ex.s. c 62 s 8; and
(2) RCW 50.12.040 and 1973 1st ex.s. c 158 s 3 & 1945 c 35 s 43."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Amondson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Amondson on page 2, after line 8, to the Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, Loveland, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 23.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Haugen, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 26.
MOTION
Senator Ludwig moved that the following amendment to the Committee on Labor and Commerce striking amendment be adopted:
On page 2, after line 8, insert the following:
"Sec. 2. RCW 34.05.310 and 1993 c 202 s 2 are each amended to read as follows:
(1) To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies ((are encouraged to:
(1))) shall solicit comments from the public on a subject of possible rule making before publication of a notice of proposed rule adoption under RCW 34.05.320. ((This process can be accomplished by having a notice published in the state register of the subject under active consideration and indicating where, when, and how persons may comment; and)) The agency shall prepare a statement of intent that:
(a) States the specific statutory authority for the new rule;
(b) Identifies the reasons the new rule is needed;
(c) Identifies the goals of the new rule;
(d) Describes the process by which the rule will be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study; and
(e) Specifies the process by which interested parties can effectively participate in the formulation of the new rule.
The statement of intent shall be filed with the code reviser for publication in the state register and shall be sent to identifiable interested parties. Interested parties may include, but are not limited to, trade associations, interest groups, specific businesses, the business assistance center, chambers of commerce, local governments, labor organizations, environmental groups, consumer protection groups, citizen organizations, state agencies, and any other appropriate entity.
(2) Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to:
(a) Negotiated rule making which includes:
(i) Identifying individuals and organizations that have a recognized interest in or will be significantly affected by the adoption of the proposed rule;
(((b))) (ii) Soliciting participation by persons who are capable, willing, and appropriately authorized to enter into such negotiations;
(((c))) (iii) Assuring that participants fully recognize the consequences of not participating in the process, are committed to negotiate in good faith, and recognize the alternatives available to other parties;
(((d))) (iv) Establishing guidelines to encourage consideration of all pertinent issues, to set reasonable completion deadlines, and to provide fair and objective settlement of disputes that may arise;
(((e))) (v) Agreeing on a reasonable time period during which the agency will be bound to the rule resulting from the negotiations without substantive amendment; and
(((f))) (vi) Providing a mechanism by which one or more parties may withdraw from the process or the negotiations may be terminated if it appears that consensus cannot be reached on a draft rule that accommodates the needs of the agency, interested parties, and the general public and conforms to the legislative intent of the statute that the rule is intended to implement; and
(b) Pilot rule making which includes testing the draft of a proposed rule through the use of volunteer pilot study groups in various areas and circumstances.
(3)(a) Agencies must make a determination whether negotiated rule making, pilot rule making, or another process for generating participation from interested parties prior to development of the rule is appropriate.
(b) Agencies must include a written justification in the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided."
Renumber remaining sections.
Senator Moore demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Ludwig on page 2, after line 8, to the Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was adopted by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Fraser, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prince, Rasmussen, M., Roach, Schow, Sellar, Smith, L., West and Winsley - 28.
Voting nay: Senators Bauer, Drew, Franklin, Gaspard, Hargrove, McAuliffe, Moore, Pelz, Prentice, Quigley, Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 21.
MOTION
On motion of Senator Moore, further consideration of Engrossed Second Substitute House Bill No. 2510 was deferred.
SECOND READING
ENGROSSED HOUSE BILL NO. 2347, by Representatives Morris, Horn, Bray and Springer (by request of Department of Community Development)
Changing the energy building code for glazing, doors, and skylights.
The bill was read the second time.
MOTIONS
On motion of Senator Sutherland, the following Committee on Energy and Utilities amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.27A.020 and 1990 c 2 s 3 are each amended to read as follows:
(1) No later than January 1, 1991, the state building code council shall promulgate rules to be known as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards set forth in this section to promulgate rules to be known as the Washington state energy code. The Washington state energy code shall be designed to require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework. The Washington state energy code shall be designed to allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.
(3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.
(4) The Washington state energy code for residential buildings shall require:
(a) New residential buildings that are space heated with electric resistance heating systems to achieve energy use equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-38. The code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only);
(ii) In zone 1, walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components; in zone 2 walls insulated to a level of R-24 (R value includes insulation only), or constructed with two by six members, R-22 insulation batts, R-3.2 insulated sheathing, and other normal construction assembly components; for the purpose of determining equivalent thermal performance, the wall U-value shall be 0.058 in zone 1 and 0.044 in zone 2;
(iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of R-30 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the perimeter;
(vi) Double glazed windows with values not more than U-0.4;
(vii) In zone 1 the glazing area may be up to twenty-one percent of floor area and in zone 2 the glazing area may be up to seventeen percent of floor area where consideration of the thermal resistance values for other building components and solar heat gains through the glazing result in thermal performance equivalent to that achieved with thermal resistance values for other components determined in accordance with the equivalent thermal performance criteria
of (a) of this subsection and glazing area equal to fifteen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area; and
(viii) Exterior doors insulated to a level of R-5; or an exterior wood door with a thermal resistance value of less than R-5 and values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection.
(b) New residential buildings which are space-heated with all other forms of space heating to achieve energy use equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-30 in zone 1 and R-38 in zone 2 the code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only);
(ii) Walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components;
(iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of R-19 in zone 1 and R-30 in zone 2 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the perimeter;
(vi) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources with a minimum annual fuel utilization efficiency (AFUE) of seventy-eight percent;
(vii) Double glazed windows with values not more than U-0.65 in zone 1 and U-0.60 in zone 2. The state building code council, in consultation with the state energy office, shall review these U-values, and, if economically justified for consumers, shall amend the Washington state energy code to improve the U-values by December 1, 1993. The amendment shall not take effect until July 1, 1994; and
(viii) In zone 1, the maximum glazing area shall be twenty-one percent of the floor area. In zone 2 the maximum glazing area shall be seventeen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area.
(c) For log built homes with space heat other than electric resistance, the building code council shall establish equivalent thermal performance standards consistent with the standards and maximum glazing areas of (b) of this subsection.
(d) The state building code council may approve an energy code for pilot projects of residential construction that use innovative energy efficiency technologies intended to result in savings that are greater than those realized in the levels specified in this section.
(5) U-values for glazing shall be determined using the area weighted average of all glazing in the building. ((U-values for glazing are the tested values for thermal transmittance due to conduction resulting from either the American architectural manufacturers' association (AAMA) 1503.1 test procedure or the American society for testing materials (ASTM) C236 or C976 test procedures. Testing shall be conducted under established winter horizontal heat flow test conditions using the fifteen miles per hour wind speed perpendicular to the exterior surface of the glazing as specified under AAMA 1503.1 and product sample sizes specified under AAMA 1503.1. The AAMA 1503.1 testing must be conducted by an AAMA certified testing laboratory. The ASTM C236 or C976 testing U-values include any tested values resulting from a future revised AAMA 1503.1 test procedure.)) U-values for vertical glazing shall be determined, certified, and labeled in accordance with the appropriate national fenestration rating council (NFRC) standard, as determined and adopted by the state building code council. Certification of U-values shall be conducted by a certified, independent agency licensed by the NFRC. The state building code council may develop and adopt alternative methods of determining, certifying, and labeling U-values for vertical glazing that may be used by fenestration manufacturers if determined to be appropriate by the council. The state building code council shall review and consider the adoption of the NFRC standards for determining, certifying, and labeling U-values for doors and skylights when developed and published by the NFRC. The state building code council may develop and adopt appropriate alternative methods for determining, certifying, and labeling U-values for doors and skylights. U-values for doors and skylights determined, certified, and labeled in accordance with the appropriate NFRC standard shall be acceptable for compliance with the state energy code. Sealed insulation glass, where used, shall conform to, or be in the process of being tested for, ASTM E-774-81 ((level)) class A or better. ((The state building code council shall maintain a list of the tested U-values for glazing products available in the state.))
(6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended.
(7)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.
(b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.
(8) The state building code council shall consult with the state energy office as provided in RCW 34.05.310 prior to publication of proposed rules. The state energy office shall review the proposed rules for consistency with the guidelines adopted in subsection (4) of this section. The director of the state energy office shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.
(9) The state building code council shall conduct a study of county and city enforcement of energy codes in the state. In conducting the study, the council shall conduct public hearings at designated council meetings to seek input from interested individuals and organizations, and to the extent possible, hold these meetings in conjunction with adopting rules under this section. The study shall include recommendations as to how code enforcement may be improved. The findings of the study shall be submitted in a report to the legislature no later than January 1, 1991.
(10) If any electric utility providing electric service to customers in the state of Washington purchases at least one percent of its firm energy load from a federal agency, pursuant to section 5.(b)(1) of the Pacific Northwest electric power planning and conservation act (P.L. 96-501), and such utility is unable to obtain from that agency at least fifty percent of the funds for payments required by RCW 19.27A.035, the amendments to this section by chapter 2, Laws of 1990 shall be null and void, and the 1986 state energy code shall be in effect, except that a city, town, or county may enforce a local energy code with more stringent energy requirements adopted prior to March 1, 1990. This subsection shall expire June 30, 1995.
NEW SECTION. Sec. 2. 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 motion of Senator Sutherland, the following title amendment was adopted:
On page 1, line 2 of the title, after "products;" strike the remainder of the title and insert "amending RCW 19.27A.020; and declaring an emergency."
MOTION
On motion of Senator Loveland, Senator Skratek was excused.
MOTION
On motion of Senator Sutherland, the rules were suspended, Engrossed House Bill No. 2347, 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 Engrossed House Bill No. 2347, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2347, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Owen - 1.
Excused: Senator Skratek - 1.
ENGROSSED HOUSE BILL NO. 2347, 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 3:39 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:21 p.m. by President Pritchard.
MOTION
On motion of Senator Spanel, the Senate resumed consideration of Engrossed Second Substitute House Bill No 2510, deferred earlier today after the Committee on Labor and Commerce striking amendment was ruled in order and an amendment to the committee amendment was adopted.
MOTION
Senator Fraser moved that the following amendment to the Committee on Labor and Commerce striking amendment be adopted:
On page 4, line 38 of the amendment, after "federal" strike ", state, or local" and insert "or state"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 4, line 38, to the Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510.
The motion by Senator Fraser failed and the amendment to the committee amendment was not adopted.
MOTION
Senator Anderson moved that the following amendment to the Committee on Labor and Commerce striking amendment be adopted:
On page 4, beginning on line 36 of the amendment, after "(f)" strike all material through "law;" on line 38 and insert "The rule does not, without clear and specific statutory authorization to do so, conflict with, overlap, or duplicate, any other provision of federal, state, or local law regulating the same activity or subject matter. The agency shall survey other federal, state, and local entities that have jurisdiction over the same or similar subject matter to determine whether such conflict, overlap, or duplication exists;"
Debate ensued.
Senator Anderson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Anderson on page 4, beginning on line 36, to the Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
MOTION
Senator Anderson moved that the following amendment to the Committee on Labor and Commerce striking amendment be adopted:
On page 5, beginning on line 1 of the amendment, after "(g)" strike all material through "matter;" on line 3, and insert "The rule does not, without clear and specific statutory authorization to do so, differ from any provision of federal law regulating the same activity or subject matter;"
Debate ensued.
Senator Anderson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Anderson on page 5, beginning on line 1, to the Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.
Absent: Senator Owen - 1.
MOTION
Senator Deccio moved that the following amendment to the Committee on Labor and Commerce striking amendment be adopted:
On page 17, after line 30 of the amendment, insert the following:
"NEW SECTION. Sec. 22. A new section is added to chapter 34.05 RCW to read as follows:
Before final adoption of a rule, each agency shall file with the chief clerk of the house of representatives and the secretary of the senate a copy of the rule for review by the appropriate standing committees of the legislature. Upon review, if a standing committee determines by majority vote that the rule is within the intent of the legislature as expressed by the statute that the rule implements, the rule is approved and may be adopted by the agency. If not approved, the rule may be modified by the agency so as to conform with the intent of the legislature and resubmitted for approval by the standing committees.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Deccio demanded a roll call and the demand was sustained.
MOTIONS
On motion of Senator Oke, Senator Newhouse was excused.
On motion of Senator Drew, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Deccio on page 17, after line 30, to the Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 20; Nays, 27; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.
Excused: Senators Loveland and Newhouse - 2.
MOTION
Senator Fraser moved that the following amendment to the Committee on Labor and Commerce striking amendment be adopted:
On page 18, after line 5 of the amendment, strike all of section 23 and insert the following:
"NEW SECTION. Sec. 23. A new section is added to chapter 43.17 RCW to read as follows:
(1) The governor shall, where appropriate, require state agencies with regulatory enforcement authority to designate one or more technical assistance representatives to coordinate voluntary compliance and provide technical assistance concerning compliance with the agency's laws and rules.
(2) An employee designated by an agency as a technical assistance representative or as a member of a technical assistance unit may not, during the period of the designation, have authority to issue orders or assess penalties on behalf of the agency. Such an employee who provides on-site consultation at an industrial or commercial facility and who observes violations of the law shall inform the owner or operator of the facility of the violations and provide technical assistance concerning compliance. On-site consultation visits by such an employee may not be regarded as inspections or investigations and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations of the law shall be reported to the appropriate officers within the agency. If the owner or operator of the facility does not correct the observed violations within a reasonable time, the agency may reinspect the facility and take appropriate enforcement action. If a technical assistance representative or member of a technical assistance unit observes a violation of the law that places a person in danger of death or substantial bodily harm, is causing or is likely to cause significant environmental harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars, the agency may initiate enforcement action immediately upon observing the violation.
(3) The state, the agency, and officers or employees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from the performance by technical assistance representatives of their duties, or if liability is asserted to arise from the failure of the agency to supply technical assistance."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 18, after line 5, to the Committee on Labor and Commerce striking amendment to Engrossed Second Substitute House Bill No. 2510.
The motion by Senator Fraser 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 Labor and Commerce striking amendment, as amended, to Engrossed Second Substitute House Bill No. 2510.
The Committee on Labor and Commerce striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Moore, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "reform;" strike the remainder of the title and insert "amending RCW 34.05.370, 34.05.350, 34.05.330, 34.05.325, 34.05.355, 19.85.020, 34.05.320, 34.05.620, 34.05.630, 34.05.640, and 34.05.660; reenacting and amending RCW 19.85.030 and 19.85.040; adding a new section to chapter 44.04 RCW; adding new sections to chapter 34.05 RCW; adding new sections to chapter 19.85 RCW; adding a new section to chapter 43.31 RCW; adding new sections to chapter 4.84 RCW; adding a new section to chapter 43.88 RCW; creating a new section; repealing RCW 19.85.010, 19.85.060, 19.85.080, 34.05.670, and 34.05.680; prescribing penalties; and providing an effective date."
On page 21, line 13 of the title amendment, after "RCW" insert "34.05.310,"
On motion of Senator Moore, the rules were suspended, Engrossed Second Substitute House Bill No. 2510, 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 Second Substitute House Bill No. 2510, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2510, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Moyer, Nelson, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Vognild and Wojahn - 28.
Voting nay: Senators Anderson, Deccio, Fraser, Hochstatter, McDonald, Morton, Niemi, Oke, Prince, Roach, Schow, Sellar, Skratek, Smith, L., Spanel, Sutherland, Talmadge, West, Williams and Winsley - 20.
Excused: Senator Newhouse - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510, 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.
There being no objection, the Senate resumed consideration of Engrossed House Bill No. 1756 and the pending amendment by Senator Hochstatter on page 1, line 11, deferred earlier today.
MOTION
On motion of Senator Hochstatter, and there being no objection, the amendment on page 1, line 11, to Engrossed House Bill No. 1756 was withdrawn.
MOTION
Senator Hochstatter moved that the following amendment by Senators Hochstatter, McCaslin and Sutherland be adopted:
On page 1, line 11, after "lease" insert ": PROVIDED, That nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work on a residential building with up to four units intended for rent, sale, or lease if the person provides a signed affidavit to the department stating that he or she will occupy one of the units as his or her principal residence. An individual shall apply to the department for this exemption and may receive an exemption once every twenty-four months. It is intended that the individual receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units"
Debate ensued.
POINT OF INQUIRY
Senator Williams: "Senator Hochstatter, what would be the consequences, if any, if the person who signed this affidavit moved in and then twenty months later sold the building. Would there be any consequences?"
Senator Hochstatter: "None that I know of, Senator."
Senator Williams: "Thank you."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter, McCaslin and Sutherland on page 1, line 11, to Engrossed House Bill No. 1756.
The motion by Senator Hochstatter carried and the amendment was adopted.
MOTION
On motion of Senator Sutherland, the rules were suspended, Engrossed House Bill No. 1756, 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 Engrossed House Bill No. 1756, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1756, as amended by the Senate,2 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 2; Excused, 0.
Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and Winsley - 25.
Voting nay: Senators Anderson, Bluechel, Cantu, Deccio, Hochstatter, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Prince, Roach, Schow, Sellar, Smith, L., West, Williams and Wojahn - 22.
Absent: Senators Amondson and Ludwig - 2.
ENGROSSED HOUSE BILL NO. 1756, 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
On motion of Senator Loveland, Senator Ludwig was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1955, by House Committee on Local Government (originally sponsored by Representatives Dunshee, H. Myers and Edmondson)
Concerning hearings related to improvement districts.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1955 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. 1955.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1955 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, 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, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Anderson - 1.
Excused: Senator Ludwig - 1.
SUBSTITUTE HOUSE BILL NO. 1955, 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. 2511, by Representatives Leonard, Cooke, Thibaudeau, King and Ogden (by request of Department of Social and Health Services)
Petitioning for involuntary treatment.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
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 motion of Senator Talmadge, the following title amendment was adopted:
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."
MOTION
On motion of Senator Talmadge, the rules were suspended, House Bill No. 2511, 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. 2511, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2511, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, 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, West, Williams, Winsley and Wojahn - 49.
HOUSE BILL NO. 2511, 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. 2494, by Representatives Jones, Mielke and Kremen
Requiring moving companies to use a Washington utilities and transportation commission permit number for advertisements.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, House Bill No. 2494 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Drew, Senator Moore was excused.
POINT OF INQUIRY
Senator West: "Senator Vognild, this relates to advertising in directories, the yellow pages and other advertisements. Is that this bill?"
Senator Vognild: "Any periodicals, yes."
Senator West: "In a similar statute dealing with contractor's registration and contractor's registration publishing their numbers--their license number--the phone company has said that they have to also publish that number in the white pages, not just the yellow pages, because that is considered another directory where advertisement is placed. Is it your intent that we are going to require a line listing in the white pages to also have the contractor's number or is it simply limited to advertising?"
Senator Vognild: "It would be my intent that the companies be required to follow the rules the U.T.C. has laid down for legitimate companies operating in the state today."
Senator West: "Well, I'm trying to get a clarification. Are we going to require people to put this in the white pages or the yellow pages? The yellow pages are fine with me, but the white pages or the yellow pages?"
Senator Vognild: "I do not know. I'm sorry that I cannot answer the question as to what the requirements that are placed on the legitimate companies operating today. If that is the requirement, then, yes, they would be required to meet the same requirements."
Senator West: "Thank you."
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2494.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2494 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Loveland, Ludwig, McAuliffe, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 32.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Haugen, Hochstatter, McCaslin, McDonald, Morton, Newhouse, Roach, Schow, Sellar and Smith, L. - 16.
Excused: Senator Moore - 1.
HOUSE BILL NO. 2494, 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
ENGROSSED HOUSE BILL NO. 2523, by Representatives Rayburn, Schoesler, Chappell, Chandler, Foreman, Hansen, R. Meyers and Mastin (by request of Department of Agriculture)
Regulating custom slaughtering and custom meat facility licenses.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed House Bill No. 2523 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2523.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2523 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, 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, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Moore - 1.
ENGROSSED HOUSE BILL NO. 2523, 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.
There being no objection, the President returned the Senate to the third order of business.
MESSAGE FROM THE GOVERNOR
March 2, 1994
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on March 2, 1994, Governor Lowry approved the following Senate Bills entitled:
Senate Bill No. 6345
Relating to expediting the implementation of the merger of the departments of community development and trade and economic development.
Senate Bill No. 6346
Relating to expediting the implementation of the merger of the departments of fisheries and wildlife into the department of fish and wildlife.
Sincerely,
ED FLEISHER, Legal Counsel to the Governor
There being no objection, the President advanced the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 2, 1994
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SENATE BILL NO. 5018,
SUBSTITUTE SENATE BILL NO. 5057,
SENATE BILL NO. 5697,
SENATE BILL NO. 6021,
SUBSTITUTE SENATE BILL NO. 6069,
SUBSTITUTE SENATE BILL NO. 6083,
SENATE BILL NO. 6202,
SECOND SUBSTITUTE SENATE BILL NO. 6276,
SUBSTITUTE SENATE BILL NO. 6282,
SUBSTITUTE SENATE BILL NO. 6305,
SENATE BILL NO. 6367,
SENATE JOINT MEMORIAL NO. 8029, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
At 5:58 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Thursday, March 3, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate