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JOURNAL OF THE SENATE

STATE OF WASHINGTON

1994 FIRST SPECIAL SESSION

FIFTY-THIRD LEGISLATURE

FIRST DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, March 11, 1994

The Senate was called to order at 10:00 a.m. by Senator Sid Snyder. The Secretary called the roll and announced to Senator Snyder that all Senators were present except Senators Amondson, Cantu, Deccio, Drew, Ludwig, McCaslin, Skratek, Adam Smith, Sutherland, Winsley and Wojahn. On motion of Senator Fraser, Senator Wojahn was excused. On motion of Senator Oke, Senators Amondson, Cantu, Deccio, McCaslin and Winsley were excused. On motion of Senator Loveland, Senator Skratek was excused.

The Color Guard, consisting of Pages Alissa Niemi and Jennifer McKibben, presented the Colors. Jim Cammack of the Baha'i Assembly of Thurston County, offered the prayer.

MOTION

At 10:07 a.m, on motion of Senator Spanel, the Senate recessed until 1:30 p.m.

The Senate was called to order at 1:44 p.m. by President Pritchard.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

March 8, 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.

Phyllis Kenney, appointed March 8, 1994, for a term ending December 30, 1998, as a member of the Board of Trustees, for South and North Seattle Community Colleges, District No. 6.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Higher Education.

March 8, 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.

Girard Clark, appointed March 8, 1994, for a term ending September 30, 1996, as a member of the Board of Trustees, for Spokane and Spokane Falls Community Colleges, District No. 17.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Higher Education.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Owen, Gubernatorial Appointment No. 9419, Sally J. van Niel, as a member of the Fish and Wildlife Commission, was confirmed.

APPOINTMENT OF SALLY J. van NIEL

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 4; Excused, 7.

Voting yea: Senators Anderson, Bauer, Bluechel, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, L., Snyder, Spanel, Talmadge, Vognild, West and Williams - 38.

Absent: Senators Drew, Ludwig, Smith, A. and Sutherland - 4.

Excused: Senators Amondson, Cantu, Deccio, McCaslin, Skratek, Winsley and Wojahn - 7.

MOTIONS

At 1:52 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 3:53 p.m. by President Pritchard.

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

MESSAGE FROM THE HOUSE

March 11, 1994

MR. PRESIDENT:

The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4438, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

MOTION

On motion of Senator Spanel, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HCR 4438 by Representative Peery

Reintroducing bills for 1994 first special session.

WHEREAS, Bills, joint resolutions, joint memorials, and concurrent resolutions introduced at the 1994 regular session of the Fifty-third Legislature may require that they be considered at the 1994 first special session of the Fifty-third Legislature; and

WHEREAS, The public interest requires that the business of the 1994 first special session of the Fifty-third Legislature be considered and acted upon as efficiently and expeditiously as possible;

NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives, the Senate concurring, That all bills not in conference on adjournment SINE DIE of the 1994 regular session, joint resolutions, joint memorials, and concurrent resolutions introduced in the 1994 regular session of the Fifty-third Legislature are reintroduced in the house in which they originated and shall retain the same number and be given the highest legislative status that they attained in the original house as shown by the official House of Representatives and Senate dockets upon the adjournment SINE DIE of the regular session; and

BE IT FURTHER RESOLVED, That House of Representatives bills in conference on adjournment SINE DIE of the 1994 regular session for which a conference report has been distributed to the desks of both House of Representatives and Senate members for at least twenty-four hours prior to convening of the special session shall be reintroduced in conference status in the Senate and be eligible for adoption of the conference report, and, if the Senate adopts the conference report and passes the bill on final passage, shall be reintroduced in the House of Representatives eligible for adoption of the conference report and final passage; and

BE IT FURTHER RESOLVED, That Senate bills in conference on adjournment SINE DIE of the 1994 regular session for which a conference report has been distributed to the desks of both House of Representatives and Senate members for at least twenty-four hours prior to convening of the special session shall be reintroduced in that status in the House of Representatives and be eligible for adoption of the conference report, and, if the House of Representatives adopts the conference report and passes the bill on final passage, shall be reintroduced in the Senate in conference status and be eligible for adoption of the conference report and final passage; and

BE IT FURTHER RESOLVED, That House of Representatives bills in conference on adjournment SINE DIE of the 1994 regular session for which a conference report has not been distributed to the desks of both House of Representatives and Senate members for at least twenty-four hours prior to convening of the special session shall be reintroduced in conference status in the Senate, and, if the Senate adopts a conference report and passes the bill on final passage, shall be reintroduced in conference status in the House of Representatives; and

BE IT FURTHER RESOLVED, That Senate bills in conference on adjournment SINE DIE of the 1994 regular session for which a conference report has not been distributed to the desks of both House of Representatives and Senate members for at least twenty-four hours prior to convening of the special session shall be reintroduced in conference status in the House of Representatives, and, if the House of Representatives adopts a conference report and passes the bill on final passage, shall be reintroduced in conference status in the Senate; and

BE IT FURTHER RESOLVED, That no bill shall be transmitted to the governor unless during this first special session the bill has passed both houses on final passage.

MOTIONS

On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4438 was advanced to second reading and placed on the second reading calendar.

On motion of Senator Spanel, the Senate advanced to the sixth order of business.

SECOND READING

HOUSE CONCURRENT RESOLUTION NO. 4438 by Representative Peery

Reintroducing bills for 1994 first special session.

The concurrent resolution was read the second time.

MOTION

Senator Gaspard moved that the rules be suspended and House Concurrent Resolution No. 4438 be advanced to third reading, the second reading considered the third and the concurrent resolution be adopted.

POINT OF INQUIRY

Senator Nelson: "Senator Gaspard, we have before us House Concurrent Resolution No. 4438 that now has the bills in dispute, those that were in Conference Committees, being retained by the opposite house. So, in the case of all House Bills that were in Conference Committees, we now are retaining them in the Senate and the reverse being true, all Senate Bills that were in conference, are being retained by the House and not moving back to their houses of origination. To your knowledge, is this the first time in the history of the state of Washington that we have adopted such a resolution to essentially hold bills in the opposite house?"

Senator Gaspard: "Senator Nelson, I can't answer if this is precedent setting or not, but certainly under the Constitution where we can establish our own rules of order, we certainly have the ability to do this. This allows us to expedite this session and bring the Conference Committee Reports to the action where they were as we adjourned Sine Die last night."

Senator Nelson: "Well, Senator Gaspard, just to continue that for just a moment, would it not be possible then with the precedent such as this that in the case of the long session of the Washington State Legislature, the one hundred-five day session, that we could pass such a House Concurrent Resolution and maintain all bills in the opposite house throughout the entire interim and at the time we came back for the sixty day session, they would still be alive in the opposite house, is that not correct?"

Senator Gaspard: "No, I don't believe that to be correct, Senator Nelson. As a matter of fact, I would not support that effort if that were to be the case."

REMARKS BY SENATOR SNYDER

Senator Snyder: "Maybe to help clarify a little bit, I couldn't say positively, but I do think in the past that we have used this procedure. It would meet the criteria that was established by an Attorney General's opinion in 1965, when he was asked whether we could hold bills over from the 1965 session--that was when we had the redistricting and the Legislature was under a court order and couldn't do anything else and they passed redistricting on the forty-seventh day. Of course, they couldn't get them through. In those days, they used to reintroduce all the bills when the special session started and the Attorney General's opinion said, 'Yes, they could hold them over from one session to the next, as long as they passed both houses during the same session.' I think by holding them over in Conference Committees, they will--if they do--they will pass both houses and will meet that criteria, so I think we are on safe grounds."

MOTION

On motion of Senator Talmadge, the remarks by Senator Snyder on House Concurrent Resolution No. 4438 were to be spread upon the Journal.

The President declared the question before the Senate to be the motion by Senator Gaspard to suspend the rules and advance House Concurrent Resolution No. 4438 to third reading and final passage.

The motion by Senator Gaspard carried and House Concurrent Resolution No. 4438 was advanced to third reading and final passage.

The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4438.

HOUSE CONCURRENT RESOLUTION NO. 4438 was adopted by voice vote.

MOTION

On motion of Senator Spanel, the Rules Committee was relieved of further consideration of Engrossed Second Substitute Senate Bill No. 6291 and the bill was placed on the third reading calendar.

On motion of Senator Spanel, the Rules Committee was relieved of further consideration of Engrossed Substitute Senate Bill No. 6608 and the bill was placed on the third reading calendar.

PARLIAMENTARY INQUIRY

Senator Nelson: "A point of parliamentary inquiry, on House Concurrent Resolution No. 4438, I note that it has been adopted for the 1994 Regular Session. Does this mean that's effective only during the first sixty days of the 1994 session?"

REPLY BY THE PRESIDENT

President Pritchard: "They didn't have time in the Code Reviser's to change that. They took the heading and put that on and I think you can understand what can happen there."

There being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 4:16 p.m. by President Pritchard.

CONFERENCE COMMITTEE REPORT

E2SHB 2319 March 9, 1994

Includes "NEW ITEMS": YES

Enacting programs to reduce violence

MR. PRESIDENT:

MR. SPEAKER:

We of your Conference Committee, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, Enacting programs to reduce violence, have had the same under consideration and we recommend that:

EDITOR'S NOTE: See Report of Conference Committee on Engrossed Second Substitute House Bill No. 2319 and the Conference Committee recommendations on the sixtieth day of the 1994 Regular Session.

MOTION

Senator Talmadge moved that the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319 be adopted.

POINT OF INQUIRY

Senator Hargrove: "Senator Smith, can the current law, which provides for the forfeiture of a firearm, be used to enforce the open carry provision contained in Section 405 of the Conference Report?"

Senator Adam Smith: "No, the forfeiture of firearms statute, RCW 9.41.098, allows the forfeiture when two elements are present: One, there has been no crime, and two, a firearm was used or displayed in the commission of the crime.

"The forfeiture provisions would not apply to the crime of illegally displaying a firearm because the statute contemplates the independent use of a firearm to facilitate the offense. The new open carry provision contained in Section 405 contains no underlying offense and, therefore, the two necessary elements required by the forfeiture law are merged into one element."

The President declared the question before the Senate to be the motion by Senator Talmadge that the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319 be adopted.

The motion by Senator Talmadge carried and the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319 was adopted.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 20; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and Wojahn - 26.

Voting nay: Senators Amondson, Anderson, Cantu, Erwin, Hochstatter, Loveland, Ludwig, McDonald, Morton, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West, Williams and Winsley - 20.

Excused: Senators Deccio, McCaslin and Skratek - 3.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, as recommended by the Conference Committee, 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 Snyder, Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee, was immediately transmitted to the House of Representatives.

At 4:22 p.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 4:54 p.m. by President Pritchard.

MOTION

On motion of Senator Spanel, the Senate advanced to the seventh order of business.

THIRD READING

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6291, by Senate Committee on Ways and Means (originally sponsored by Senators M. Rasmussen, Prince, McCaslin, Bauer, Winsley and Newhouse)

Affecting the processing of water rights.

MOTIONS

On motion of Senator Rasmussen, the rules were suspended and Engrossed Second Substitute Senate Bill No. 6291 was returned to second reading and read the second time.

On motion of Senator Rasmussen, the following amendment by Senators Rasmussen and Newhouse was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of chapter . . ., Laws of 1994 (this act) is to make changes to the water right permitting process and to provide sufficient funds to catch up on the backlog of water right applications in as short a period as possible.

In furtherance of this purpose, the department shall expedite to the maximum extent possible the processing of water right applications, consistent with RCW 90.03.290, in areas where there are no known shortages of water. In areas where there is a known shortage of water, the department may act promptly to deny the water right applications.

NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:

In furtherance of the purpose of chapter . . ., Laws of 1994 (this act) to more expeditiously make decisions regarding water right applications as stated in section 1, chapter . . ., Laws of 1994 (section 1 of this act), the legislature finds that the administering agency will be better enabled to make decisions and be better able to assure conditions placed on permits and certificates are complied with if procedures for the regulation of waters and water rights are clearly established. The purpose of this section is to set forth the powers of the department to regulate the withdrawal or diversion of public waters and water or water rights related thereto including regulation based on dates of priority or other pertinent factors. Regulatory actions taken under this section shall be based on examination and determination by the department or the court, as applicable, of the various water rights involved according to the department's records and other records and pertinent facts. The powers set forth in this section may be exercised whether or not a general adjudication relating to the water rights involved has been conducted.

(1) In a regulatory situation (a) where each water right proposed for regulation by the department, as well as each right of a senior priority that the proposed regulation is designed to protect, is or are embodied in a certificate or certificates issued under RCW 90.03.240, 90.03.330, 90.38.040, 90.42.040, or 90.44.060 or a permit or permits issued pursuant to RCW 90.03.290 or 90.44.060; or (b) where a flow or level has been established by rule pursuant to chapter 90.22 or 90.54 RCW; or (c) where it appears to the department that public waters are being withdrawn without any right or other appropriate authority whatsoever, the department in its discretion may regulate the right or rights under either RCW 43.27A.190 or subsection (2) of this section.

(2) The department may bring action in superior court for such remedies as it may deem necessary, including injunctive or other equitable relief, under the following situations: (a) When authorized in a regulatory situation under subsection (1) of this section; or (b) in a regulatory situation where one or more of the water rights proposed for regulation by the department, or one or more of the water rights of a senior priority that the proposed regulation is designed to protect, is not or are not embodied in a certificate or permit as described in subsection (1)(a) of this section. For purposes of regulatory situations covered under (b) of this subsection, court action under this subsection constitutes the department's sole and exclusive method of regulation. Action brought under this subsection shall be initiated in the superior court of the county where the point or points of diversion of the water right or rights proposed for regulation are located. If the points of diversion are located in more than one county, the department may bring the action in a county where a point of diversion is located.

(3) Nothing in this section authorizes the department to accomplish a general adjudication of water rights proceeding or the substantial equivalent of a general adjudication of water rights. The exclusive procedure for accomplishing a general adjudication of water rights is under RCW 90.03.110 through 90.03.245 or 90.44.220.

(4) Nothing in this section shall have an impact on RCW 90.14.130 or 90.14.200.

(5) This section does not in any way modify regulatory powers previously placed with the department except as provided in subsections (1) and (2) of this section.

Sec. 3. RCW 90.03.340 and 1987 c 109 s 90 are each amended to read as follows:

After January 1, 1995, the priority date of the right acquired by appropriation ((shall relate back to)) is the date ((of filing of)) the ((original)) completed application form for the right is filed with the department. For the purposes of this section and RCW 90.03.270, a completed application form is one that contains all of the information requested on the form and is accompanied by the application fee.

Sec. 4. RCW 90.03.270 and 1987 c 109 s 85 are each amended to read as follows:

Upon receipt of ((an)) a completed water right application form, it shall be the duty of the department to ((make an endorsement thereon of the)) date ((of its receipt,)) stamp and ((to)) keep a record of ((same)) it. If ((upon examination,)) an application form is filed with the department but the information requested on the application form is ((found to be defective,)) not complete or the form is not accompanied by the proper application fee, the form and any application fee filed with it shall be returned to the applicant ((for correction or completion,)) and the date and the reasons for the return thereof shall be ((endorsed thereon and made a record in his office. No application shall lose its priority of filing on account of such defects, provided acceptable maps, drawings and such data as is required by the department shall be filed with the department within such reasonable time as it shall require)) noted in the department's records and in a letter returning the form. The department may not require an applicant to provide information in support of an application for a water right permit that is not necessary for the department's investigations, determinations, or findings regarding that particular application.

Sec. 5. RCW 90.03.280 and 1988 c 36 s 65 are each amended to read as follows:

Upon receipt of a ((proper)) completed application, the department shall instruct the applicant to publish notice ((thereof)) in a form and within a time prescribed by ((him)) the department in a newspaper of general circulation published in the county or counties in which the storage, diversion or withdrawal, and use is to be made, and in such other newspapers as ((he)) the department may direct, once a week for two consecutive weeks. The notice shall include information pertinent to the proposed appropriation, including the location, the source, the purpose or purposes of use, and the quantity proposed to be diverted or withdrawn. The notice shall state that persons wishing to protest the proposed application must do so in writing to the department within thirty days of the last date of publication of the notice. In order to be considered by the department, a protest must be received by the department within thirty days of the last date of publication of the notice. Upon receipt by the department of an application it shall send notice thereof containing pertinent information to ((the director of fisheries and)) the director of fish and wildlife.

NEW SECTION. Sec. 6. A new section is added to chapter 43.21B RCW to read as follows:

In a proceeding before the pollution control hearings board challenging a decision of the department related to the issuance, conditioning, transfer, amendment, or denial of a water right permit under Title 90 RCW, the burden of proof is on the person filing the appeal.

NEW SECTION. Sec. 7. A new section is added to chapter 43.21B RCW to read as follows:

Only a person with standing as defined in RCW 34.05.530 may appeal to the pollution control hearings board a decision of the department to issue, condition, transfer, amend, or deny a water right under Title 90 RCW.

NEW SECTION. Sec. 8. A new section is added to chapter 43.21B RCW to read as follows:

One member of the pollution control hearings board may hear and render a decision on an appeal from a water right applicant regarding the nature and extent of the information needed to make determinations regarding the application for or the processing of a water right permit.

NEW SECTION. Sec. 9. A new section is added to chapter 90.03 RCW to read as follows:

A water right applicant may appeal to the pollution control hearings board a determination by the department regarding the nature and extent of the information needed to make determinations regarding the application for or the processing of a water right permit.

NEW SECTION. Sec. 10. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department shall develop a general permit system for appropriating water for nonconsumptive, nonbypass uses and a general permit system for appropriating marine waters for use on upland sites. These systems shall be designed and used to streamline the consideration of applications for nonconsumptive, nonbypass water uses and marine water uses that by their nature do not raise issues regarding water availability or the impairment of other water rights. The evaluation and report required for an application under RCW 90.03.290 are not required for applications processed under the general permit system. For the purposes of this section:

(a) "Nonconsumptive, nonbypass use" means a use of water in which water is diverted from a stream or withdrawn from an aquifer and following its use is discharged, as determined by the department, back to or very near the point of diversion or withdrawal without diminishment in quantity or quality and with little or no damage to fish habitat;

(b) "Without diminishment of quality" means that, before being discharged back to its source, the water being discharged meets state water quality standards adopted under chapter 90.48 RCW; and

(2) The department shall establish the general permit systems by adopting rules in accordance with chapter 34.05 RCW. Before the adoption of rules for a system, at least four public hearings must be held at various locations around the state. The hearings on the general permit system for marine water use must be held in appropriate coastal communities. The rules shall identify criteria for proposed uses of water for which applications might be processed under each system and shall establish procedures for filing and processing applications under the general permit systems.

NEW SECTION. Sec. 11. A new section is added to chapter 90.03 RCW to read as follows:

An application for appropriating water under a general permit system established under section 10 of this act shall be made on a form adopted and provided by the department. Within sixty days of the publication of a notice for the application in accordance with RCW 90.03.280, the department shall determine whether the proposed use is eligible to be processed under the general permit system. If the department determines that the proposed use is eligible to be processed under the system, the application shall be processed under it. If the department determines that the proposed use is not eligible for the processing, the department shall explain to the applicant in writing the reasons for its determination. For a proposed use determined ineligible for the processing, if the department finds that the information contained on the application form substantially satisfies the information requirements for an application for a use that would normally be filed for processing the application outside of the general permit system, the department shall notify the applicant of its finding and shall process the application as if it were filed for processing outside of the system. If the department finds that the information does not substantially satisfy the requirements, the application shall be considered to be incomplete for the processing and the applicant shall be notified of this consideration.

Sec. 12. RCW 90.03.290 and 1988 c 36 s 66 are each amended to read as follows:

(1) When ((an)) a completed application complying with the provisions of this chapter and with the rules ((and regulations)) of the department has been filed, the ((same)) application shall be placed on record with the department, and it shall be ((its)) the department's duty to ((investigate the application, and)) determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied.

The department shall investigate the application. It is the duty of the applicant to provide a completed application form. In addition to providing the information requested on the form, however, the applicant shall also provide such information as may be required for the department's investigation, determinations, and findings regarding the application and may provide additional information. The information provided by the applicant must satisfy the protocols, that is, study plans and criteria, established by the department for obtaining and providing the information. If an applicant provides the information and the protocols set by the department for obtaining and providing it have been satisfied, the department shall review the information and may take actions to verify that the information is accurate, but it may not, except to replace inaccurate information, take actions that would constitute obtaining major portions of the information anew.

(2) With regard to an application:

(a) If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation.

(b) If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public.

(3) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.

(4) The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for. If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit. Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application. After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify ((both the director of fisheries and)) the director of fish and wildlife and affected federally recognized Indian tribes of such issuance.

Sec. 13. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:

(1) Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected: and, for good cause shown, it shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected.

(2) For the purposes of this section, "good cause" includes but is not limited to the following circumstances that prevent work completion within the prescribed period:

(a) Active service in the armed forces of the United States during a military crisis;

(b) Nonvoluntary service in the armed forces of the United States;

(d) Delays in securing other permits necessary to proceed with the development;

(e) A single transfer in ownership of the property;

(f) Implementation of water efficiency measures, including conservation and reclaimed water use;

(g) Encountering unanticipated physical impediments to construction; and

(h) Encountering generally depressed economic conditions.

(3) If the terms of the permit or extension thereof((,)) are not complied with, the department shall give notice by ((registered)) certified mail that ((such)) the permit will be canceled unless the ((holders thereof shall)) permittee shows cause within sixty days why the ((same)) permit should not be ((so)) canceled. If cause ((be)) is not shown, ((said)) the permit shall be canceled.

Sec. 14. RCW 90.03.260 and 1987 c 109 s 84 are each amended to read as follows:

((Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of the proposed ditch, canal, or other work, the time within which the completion of the construction and the time for the complete application of the water to the proposed use. If for agricultural purposes, it shall give the legal subdivision of the land and the acreage to be irrigated, as near as may be, and the amount of water expressed in acre feet to be supplied per season. If for power purposes, it shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied. If for construction of a reservoir, it shall give the height of the dam, the capacity of the reservoir, and the uses to be made of the impounded waters. If for municipal water supply, it shall give the present population to be served, and, as near as may be, the future requirement of the municipality. If for mining purposes, it shall give the nature of the mines to be served and the method of supplying and utilizing the water; also their location by legal subdivisions. All applications shall be accompanied by such maps and drawings, in duplicate, and such other data, as may be required by the department, and such accompanying data shall be considered as a part of the application.)) The department shall adopt rules in accordance with chapter 34.05 RCW by January 1, 1995, that specify the contents of completed water right application forms. The rules shall include specific timelines for the department to follow in making a determination as to whether an application is complete and notifying the applicant of its determination. The rules shall also identify the kinds of inaccuracies that render an application incomplete.

Sec. 15. RCW 90.44.060 and 1987 c 109 s 109 are each amended to read as follows:

Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340, as amended, the provisions of which sections are hereby extended to govern and to apply to ground water, or ground water right certificates and to all permits that shall be issued pursuant to such applications, and the rights to the withdrawal of ground water acquired thereby shall be governed by RCW 90.03.250 through 90.03.340, inclusive((: PROVIDED, That each application to withdraw public ground water by means of a well or wells shall set forth the following additional information: (1) the name and post office address of the applicant; (2) the name and post office address of the owner of the land on which such well or wells or works will be located; (3) the location of the proposed well or wells or other works for the proposed withdrawal; (4) the ground water area, sub-area, or zone from which withdrawal is proposed, provided the department has designated such area, sub-area, or zone in accord with RCW 90.44.130; (5) the amount of water proposed to be withdrawn, in gallons a minute and in acre feet a year, or millions of gallons a year; (6) the depth and type of construction proposed for the well or wells or other works: AND PROVIDED FURTHER, That)). The department shall adopt rules in accordance with chapter 34.05 RCW by January 1, 1995, that specify the contents of completed water right application forms. The rules shall include specific timelines for the department to follow in making a determination as to whether an application is complete and notifying the applicant of its determination. The rules shall also identify the kinds of inaccuracies that render an application incomplete. Any permit issued pursuant to an application for constructing a well or wells to withdraw public ground water may specify an approved type and manner of construction for the purposes of preventing waste of said public waters and of conserving their head.

Sec. 16. RCW 90.03.250 and 1987 c 109 s 83 are each amended to read as follows:

Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department: PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.

The department shall encourage the filing of a consolidated application for a complex project under a single ownership that proposes to divert or withdraw water from more than one source, including a combination of surface and ground water sources. The filing of a consolidated application for transfer or change of one or more water rights involving multiple sources shall also be encouraged if all of the affected diversions or withdrawals are intended to serve a single project with a single ownership. The department shall adopt and provide forms for consolidated applications.

NEW SECTION. Sec. 17. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department shall establish streamlined procedures for its processing of applications for de minimis appropriations of surface water, but only if the department has reserved and set aside the water for future beneficial use under RCW 90.54.050.

(2) Applications for appropriating water under this section shall be made on a form provided by the department. Within sixty days of the publication of a notice in accordance with RCW 90.03.280, the department shall issue or deny a permit for the requested appropriation. If the department denies the application, it shall explain its determination in writing.

(3) The department shall waive the evaluation and report requirements of RCW 90.03.290 if during the establishment of the reservation it was conclusively determined that water is available and that no impairment of existing water rights or the public interest will occur.

(4) This section may not be used in areas that are within urban growth areas as designated under RCW 36.70A.110 or within the service areas of a public water system as defined in chapter 70.119A RCW that has an available water supply.

(5) Unless the context clearly requires otherwise, as used in this chapter, "de minimis appropriation" means diversion and use of surface water in an amount not exceeding four hundred fifty gallons per day and not exceeding an instantaneous diversion rate of two one-hundredths cubic feet per second.

(6) The department shall develop, in cooperation with the department of health, informational materials regarding the risks of drinking untreated surface water. This informational material may be provided to prospective applicants. The department shall attach the informational materials to any permit that is approved under this section.

NEW SECTION. Sec. 18. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department may authorize short-term uses of water without publication of the notice required under RCW 90.03.280 and without the report required under RCW 90.03.290. However, before approving a short-term use, the department shall determine to its satisfaction that the substantive criteria in RCW 90.03.290 are met and that a stream affected by a short-term use will be retained with sufficient flows to maintain instream uses and to protect existing water rights. The department shall adopt and provide application forms for persons applying for a short-term use and shall expedite its consideration of short-term use requests to the extent practicable.

(2) For the purposes of this chapter, "short-term use" means a use of water that will not exceed one year in duration. Short-term uses include but are not limited to use in construction, dust control, dewatering, and short-term planned fire suppression activities.

NEW SECTION. Sec. 19. A new section is added to chapter 90.03 RCW to read as follows:

The department shall establish a register that identifies, by water resource inventory area, applications for new water rights and applications for water right transfers and changes. The applications appearing in the register shall be limited to those requesting a new appropriation or change or transfer of more than three cubic feet per second of water. The register shall identify: The location of the proposed use, change, or transfer; whether the application is for surface or ground water; and, for surface water applications, the water source. The department shall produce the register once every two weeks and shall make the register available to interested parties for a fee that is based on the cost of producing and mailing the register. One year after the effective date of this section, the department may cease production of the register if the number of requests for the register are not adequate to cover the costs of producing and mailing it.

NEW SECTION. Sec. 20. (1) The department of ecology shall in conjunction with the task force created in section 3, chapter 495, Laws of 1993 develop a budget process for its water rights administration program that accomplishes the following:

(a) Identifies targets for permitting activities for the biennium;

(b) Identifies workload standards;

(d) Provides for timely public review of the draft budget; and

(e) Circulates a final budget.

(2) The department of ecology shall, in conjunction with the water rights programs review task force, establish and periodically review the following:

(a) Workload standards and proposed incentives to improve such standards;

(b) Program expenditure categories to account for and track costs related to the water rights administration program; and

(c) Success measures based upon programmatic results designed to evaluate program effectiveness and standards for defining the measures.

In establishing the initial workload standards, the legislature has an expectation that the department of ecology will process a simple, basic application in six months and an application of intermediate difficulty in one year.

(3) The task force shall report annually to the legislature on the success measures established, the number of water right permit decisions made, and the associated costs of administering the water rights program.

(4) The legislature may provide for another state entity or an independent contractor to conduct periodic performance audits or evaluations of the effectiveness and efficiency of the department of ecology in meeting its workload standards and achieving programmatic success.

(5) This section shall expire June 30, 1998.

Sec. 21. 1993 c 495 s 3 (uncodified) is amended to read as follows:

(1) There is created a water rights ((fees)) programs review task force. The task force shall be comprised of ((fourteen)) sixteen members, who are appointed as follows:

(a) Two members of the Washington state house of representatives, one from each major caucus, to be appointed by the speaker of the house of representatives;

(b) Two members of the Washington state senate, one from each major caucus, to be appointed by the president of the senate;

(c) ((Ten)) Twelve members, to be appointed jointly by the speaker of the house of representatives and the president of the senate, to represent the following interests: Agriculture, aquaculture, business, cities, counties, the state department of ecology, environmentalists, water recreation interests, water utilities, federally recognized Indian tribes, rural residential interests and hydropower interests. ((The task force may establish technical advisory committees as necessary to complete its tasks.))

(2) In addition to the functions established in section 20 of this act, the task force shall conduct a ((comprehensive)) review ((of water rights fees. The task force's tasks shall include)), including but not ((be)) limited to the following matters:

(a) ((Identification of the costs associated with the various activities and services provided by the water rights program and examination of how these costs compare with the fees charged for these activities and services;

(b) Identification of appropriate accountability measures for the department of ecology to employ in administration of the water rights program. Recommendations of accountability requirements and measurements shall take into account the distinctive characteristics of the water rights program, that is, that the department receives a large number of applications on a one-time basis and that the department of ecology must meet its legal obligations under the doctrine of prior appropriation;

(c) Identification of which program activities should be eligible for cost recovery from fees, as well as which direct and indirect costs of program administration;

(d) Review of the application, examination, and water rights permit requirements for marine water users to determine if these users should receive special fee consideration;

(e) Review of the definition and treatment of nonconsumptive water uses to determine if special fee consideration should be given to these users;

(f) Review of the fees and accounting methods for the dam safety program;

(g) Identification of the appropriate distribution of responsibility between the applicant and the department of ecology for provision of technical information and analysis; and

(h) Establishment of a reasonable time framework for completion of new and pending water rights applications, and an analysis of the staff and funding levels required to meet the established time framework)) Implementation of the development and maintenance of the water resource data management system, monitored on an annual basis;

(b) The use and amount of funds available for the water right permit processing and data management programs and the transition between fiscal year 1998 and fiscal year 1999;

(c) The water rights programs review task force will conduct a study to determine potential savings and efficiencies attainable by integrating all water resource data management functions among natural resource management agencies into a single data management system compared with the savings and efficiencies currently realized by each natural resource management agency maintaining independent water resource information. In reviewing this matter, the task force will work with the natural resource management agencies to determine the nature and extent of each natural resource management agency's:

(i) Existing water resource data;

(ii) Existing water resource data management system or systems;

(iii) Dependence on water resource data to fulfill agency responsibilities;

(iv) Types of water resource data unique to that agency;

(v) Types of water resource data common to all natural resource agencies;

(vi) Method of managing water resources information, including an assessment of the compatibility of information management systems between natural resource management agencies, and the obstacles inhibiting integration and subsequent free exchange of water resource data between natural resource management agencies; and

(vii) Biennial cost of acquiring and maintaining each type of water resource data used by the agency.

For the purposes of this section, a "natural resource management agency" includes any of the following state agencies: Department of ecology, department of natural resources, department of fish and wildlife, and department of health.

The report shall be presented to the legislature on or before December 1, 1994; and

(d) In conjunction with the review required in (a) and (b) of this subsection, the task force shall recommend, by December 1, 1994, appropriate future funding sources for data management development.

(3) Before December 1, ((1993)) 1997, the task force shall provide recommendations to the legislature regarding:

(a) ((Provide recommendations to the department of ecology on ways to improve the efficiency and accountability of the water rights program;

(b) Provide recommendations to the legislature on statutory changes necessary to make these efficiency and accountability improvements; and

(c) Propose a new fee schedule for the water rights program which incorporates the results of the task force's work and which funds through fees fifty percent of the cost of the activities and services provided by the program)) The efficiency and accountability of the water right permit processing program and the need for change to the level of funding in fiscal year 1999;

(b) The future direction of the water resource data management program and the need for changes to the level of funding in fiscal year 1999; and

(c) Modification to the fee schedule to fund water right permit processing and data management programs that is to go into effect on July 1, 1998, including a reexamination of the fee on exempt wells established in RCW 90.03.470.

(4) The department of ecology and the legislature shall jointly provide for the staff support of the task force.

(5) The task force shall convene as soon as possible upon the appointment of its members. Task force members shall elect a chair and adopt rules for conducting the business of the task force. The task force shall expire on June 30, ((1994)) 1998.

Sec. 22. RCW 90.03.470 and 1993 c 495 s 2 are each amended to read as follows:

((Except as otherwise provided in subsection (15) of this section, the following fees shall be collected by the department in advance:

(1) For the examination of an application for permit to appropriate water or on application to change point of diversion, withdrawal, purpose or place of use, a minimum of ten dollars, to be paid with the application. For each second foot between one and five hundred second feet, two dollars per second foot; for each second foot between five hundred and two thousand second feet, fifty cents per second foot; and for each second foot in excess thereof, twenty cents per second foot. For each acre foot of storage up to and including one hundred thousand acre feet, one cent per acre foot, and for each acre foot in excess thereof, one-fifth cent per acre foot. The ten dollar fee payable with the application shall be a credit to that amount whenever the fee for direct diversion or storage totals more than ten dollars under the above schedule and in such case the further fee due shall be the total computed amount less ten dollars.

Within five days from receipt of an application the department shall notify the applicant by registered mail of any additional fees due under the above schedule and any additional fees shall be paid to and received by the department within thirty days from the date of filing the application, or the application shall be rejected.

(2) For filing and recording a permit to appropriate water for irrigation purposes, forty cents per acre for each acre to be irrigated up to and including one hundred acres, and twenty cents per acre for each acre in excess of one hundred acres up to and including one thousand acres, and ten cents for each acre in excess of one thousand acres; and also twenty cents for each theoretical horsepower up to and including one thousand horsepower, and four cents for each theoretical horsepower in excess of one thousand horsepower, but in no instance shall the minimum fee for filing and recording a permit to appropriate water be less than five dollars. For all other beneficial purposes the fee shall be twice the amount of the examination fee except that for individual household and domestic use, which may include water for irrigation of a family garden, the fee shall be five dollars.

(3) For filing and recording any other water right instrument, four dollars for the first hundred words and forty cents for each additional hundred words or fraction thereof.

(4) For making a copy of any document recorded or filed in his office, forty cents for each hundred words or fraction thereof, but when the amount exceeds twenty dollars, only the actual cost in excess of that amount shall be charged.

(5) For certifying to copies, documents, records or maps, two dollars for each certification.

(6) For blueprint copies of a map or drawing, or, for such other work of a similar nature as may be required of the department, at actual cost of the work.

(7) For granting each extension of time for beginning construction work under a permit to appropriate water, an amount equal to one-half of the filing and recording fee, except that the minimum fee shall be not less than five dollars for each year that an extension is granted, and for granting an extension of time for completion of construction work or for completing application of water to a beneficial use, five dollars for each year that an extension is granted.

(8) For the inspection of any hydraulic works to insure safety to life and property, the actual cost of the inspection, including the expense incident thereto.

(9) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, a minimum fee of ten dollars, or the actual cost.

(10) For recording an assignment either of a permit to appropriate water or of an application for such a permit, a fee of five dollars.

(11) For preparing and issuing all water right certificates, five dollars.

(12) For filing and recording a protest against granting any application, two dollars.

(13))) The legislature finds it necessary to assess additional fees for a four-year period in order to address the water right application backlog and data management development. For the period July 1, 1994, through June 30, 1998, the department shall collect the following fees in advance:

(1) Application filing fees for the following:

(a) Surface water and ground water applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second $90

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second $290

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second $490

(iv) Greater than 3 and less than or equal to 5 cubic feet per second $660

(v) Greater than 5 and less than or equal to 20 cubic feet per second $820

(vi) Greater than 20 and less than or equal to 100 cubic feet per second $990

(vii) Greater than 100 cubic feet per second $1,150

(b) Reservoir applications:

(i) Greater than 0.0 and less than or equal to 10 acre-feet $90

(ii) Greater than 10 and less than or equal to 100 acre-feet $490

(iii) Greater than 100 and less than or equal to 1,000 acre-feet $820

(iv) Greater than 1,000 acre-feet $1,150

(i) Changing a single element $90

(ii) Changing multiple elements $290

(2) Examination fees for the following:

(a) Surface water applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second $100

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second $450

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second $820

(iv) Greater than 3 and less than or equal to 5 cubic feet per second $1,150

(v) Greater than 5 and less than or equal to 20 cubic feet per second $1,480

(vi) Greater than 20 and less than or equal to 100 cubic feet per second $1,810

(vii) Greater than 100 cubic feet per second $2,130

(b) Ground water applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second $120

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second $540

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second $980

(iv) Greater than 3 and less than or equal to 5 cubic feet per second $1,380

(v) Greater than 5 and less than or equal to 20 cubic feet per second $1,780

(vi) Greater than 20 and less than or equal to 100 cubic feet per second $2,170

(vii) Greater than 100 cubic feet per second $2,560

(i) Greater than 0.0 and less than or equal to 10 acre-feet $100

(ii) Greater than 10 and less than or equal to 100 acre-feet $820

(iii) Greater than 100 and less than or equal to 1,000 acre-feet $1,480

(iv) Greater than 1,000 acre-feet $2,130

(d) Changes to permits and certificates:

(i) Changing a single element $100

(ii) Changing multiple elements $450

(3) Certificate fees:

(a) Water appropriation applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second $90

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second $290

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second $490

(iv) Greater than 3 and less than or equal to 5 cubic feet per second $660

(v) Greater than 5 and less than or equal to 20 cubic feet per second $820

(vi) Greater than 20 and less than or equal to 100 cubic feet per second $990

(vii) Greater than 100 cubic feet per second $1,150

(b) Reservoir applications:

(i) Greater than 0.0 and less than or equal to 10 acre-feet $90

(ii) Greater than 10 and less than or equal to 100 acre-feet $490

(iii) Greater than 100 and less than or equal to 1,000 acre-feet $820

(iv) Greater than 1,000 acre-feet $1,150

(i) Changing a single element $90

(ii) Changing multiple elements $290

(4) Water right permit extensions $100

(5) Protests to applications $50

(6) Appealing a water right decision $200

(7) Registration fee for exempt wells $45

(8) Assignment of an application or permit $100

(9) General permits:

(a) Application fee $100

(b) Examination fee $0

(10) Seasonal change or rotation $100

(11) Temporary or short-term water use $100

(12) De minimis appropriations developed under a reservation of water adopted by rule:

(a) Application fee $100

(b) Examination fee $0

(13) Issuance of a preliminary permit $100

(14) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, and for the inspection of any hydraulic works to insure safety to life and property, the actual cost of the examination and inspection.

(15) For a consolidated application covering multiple sources or changes:

(a) The application fee must be based upon either the total amount of water or the total number of changes requested, or both;

(b) The examination fee is the total of the examination fees calculated for the individual applications and changes; and

(c) The certificate fee is as is appropriate for the individual certificates, since separate permits would issue and, therefore, separate certificates would result.

The combined application, examination, and certificate fee for transfers and changes of water into the trust water right program under chapter 90.42 RCW shall be one hundred dollars.

There shall be a forty-five dollar priority date registration fee on rights to ground water established after July 1, 1994, under RCW 90.44.050 that are exempt from the water right permitting process. The department shall adopt by rule the means whereby these water rights are registered with the department and the method of collection of this fee in accordance with chapter 34.05 RCW. This fee shall be due from only those well owners who place the water to beneficial use. The department shall register the well in the water resource data management system and provide to the owner a certificate that the well has been registered.

The water right processing and data management account is created in the state treasury. All receipts collected under this section shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for functions of the department of ecology related to: Filing, examination, and certification of water right permits, changes to water rights, and transfers of water rights; development and maintenance of the data management program related to water rights; and a proportionate share of indirect costs allocated to these functions necessary to fund the general administrative functions of the department. Except for the biennium ending June 30, 1995, the department may expend funds from the account in an amount that is substantially equal to the amount expended of funds appropriated from the general fund for each biennium. For the biennium ending June 30, 1995, data management development costs are not required to be funded in a substantially equal manner.

The department shall provide timely notification by certified mail with return receipt requested to applicants that fees are due. No action may be taken until the fee is paid in full. Failure to remit fees within sixty days of the department's notification shall be grounds for rejecting the application or canceling the permit. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable.

(((14))) For purposes of calculating fees for ground water filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute.

(((15))) For the period beginning July 1, 1993, and ending June 30, 1994, there is imposed and the department shall collect a one hundred dollar surcharge on all water rights applications or changes filed under this section, and upon all water rights applications or changes pending as of July 1, 1993. This charge shall be in addition to any other fees imposed under this section.

Sec. 23. RCW 90.03.470 and 1994 c . . . s 22 (section 22 of this act) are each amended to read as follows:

((The legislature finds it necessary to assess additional fees for a four-year period in order to address the water right application backlog and data management development. For the period July 1, 1994, through June 30, 1998,)) The department shall collect the following fees in advance:

(1) Application filing fees for the following:

(a) Surface water and ground water applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second (($90)) $100

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second (($290)) $210

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second (($490)) $320

(iv) Greater than 3 and less than or equal to 5 cubic feet per second (($660)) $420

(v) Greater than 5 and less than or equal to 20 cubic feet per second (($820)) $530

(vi) Greater than 20 and less than or equal to 100 cubic feet per second (($990)) $640

(vii) Greater than 100 cubic feet per second (($1,150)) $740

(b) Reservoir applications:

(i) Greater than 0.0 and less than or equal to 10 acre-feet (( $90)) $100

(ii) Greater than 10 and less than or equal to 100 acre-feet (($490)) $320

(iii) Greater than 100 and less than or equal to 1,000 acre-feet (($820)) $530

(iv) Greater than 1,000 acre-feet (($1,150)) $740

(i) Changing a single element (($90)) $100

(ii) Changing multiple elements (($290)) $210

(2) Examination fees for the following:

(a) Surface water applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second $100

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second (($450)) $320

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second (($820)) $530

(iv) Greater than 3 and less than or equal to 5 cubic feet per second (($1,150)) $740

(v) Greater than 5 and less than or equal to 20 cubic feet per second (($1,480)) $960

(vi) Greater than 20 and less than or equal to 100 cubic feet per second (($1,810)) $1,170

(vii) Greater than 100 cubic feet per second (($2,130)) $1,380

(b) Ground water applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second $120

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second (($540)) $380

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second (($980)) $640

(iv) Greater than 3 and less than or equal to 5 cubic feet per second (($1,380)) $890

(v) Greater than 5 and less than or equal to 20 cubic feet per second (($1,780)) $1,150

(vi) Greater than 20 and less than or equal to 100 cubic feet per second (($2,170)) $1,400

(vii) Greater than 100 cubic feet per second (($2,560)) $1,660

(i) Greater than 0.0 and less than or equal to 10 acre-feet $100

(ii) Greater than 10 and less than or equal to 100 acre-feet( (($820)) $530

(iii) Greater than 100 and less than or equal to 1,000 acre-feet (($1,480)) $960

(iv) Greater than 1,000 acre-feet (($2,130)) $1,380

(d) Changes to permits and certificates:

(i) Changing a single element $100

(ii) Changing multiple elements (($450)) $320

(3) Certificate fees:

(a) Water appropriation applications:

(i) Greater than 0.0 and less than or equal to 0.2 cubic feet per second (($90)) $100

(ii) Greater than 0.2 and less than or equal to 0.5 cubic feet per second (($290)) $210

(iii) Greater than 0.5 and less than or equal to 3 cubic feet per second (($490)) $320

(iv) Greater than 3 and less than or equal to 5 cubic feet per second (($660)) $420

(v) Greater than 5 and less than or equal to 20 cubic feet per second (($820)) $530

(vi) Greater than 20 and less than or equal to 100 cubic feet per second (($990)) $640

(vii) Greater than 100 cubic feet per second (($1,150)) $740

(b) Reservoir applications:

(i) Greater than 0.0 and less than or equal to 10 acre-feet (($90)) $100

(ii) Greater than 10 and less than or equal to 100 acre-feet (($490)) $320

(iii) Greater than 100 and less than or equal to 1,000 acre-feet (($820)) $530

(iv) Greater than 1,000 acre-feet (($1,150)) $740

(i) Changing a single element (($90)) $100

(ii) Changing multiple elements (($290)) $210

(4) Water right permit extensions $100

(5) Protests to applications $50

(6) Appealing a water right decision $200

(7) Registration fee for exempt wells $45

(8) Assignment of an application or permit $100

(9) General permits:

(a) Application fee $100

(b) Examination fee $0

(10) Seasonal change or rotation $100

(11) Temporary or short-term water use $100

(12) De minimis appropriations developed under a reservation of water adopted by rule:

(a) Application fee $100

(b) Examination fee $0

(13) Issuance of a preliminary permit $100

(15) For a consolidated application covering multiple sources or changes:

(a) The application fee must be based upon either the total amount of water or the total number of changes requested, or both;

(b) The examination fee is the total of the examination fees calculated for the individual applications and changes; and

(c) The certificate fee is as is appropriate for the individual certificates, since separate permits would issue and, therefore, separate certificates would result.

The combined application, examination, and certificate fee for transfers and changes of water into the trust water right program under chapter 90.42 RCW will be one hundred dollars.

The water right processing and data management account is created in the state treasury. All receipts collected under this section shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for functions of the department of ecology related to: Filing, examination, and certification of water right permits, changes to water rights, and transfers of water rights; development and maintenance of the data management program related to water rights; and a proportionate share of indirect costs allocated to these functions necessary to fund the general administrative functions of the department. ((Except for the biennium ending June 30, 1995,)) The department may expend funds from the account in an amount that is substantially equal to the amount expended of funds appropriated from the general fund for each biennium. ((For the biennium ending June 30, 1995, data management development costs are not required to be funded in a substantially equal manner.))

For purposes of calculating fees for ground water filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute.

((For the period beginning July 1, 1993, and ending June 30, 1994, there is imposed and the department shall collect a one hundred dollar surcharge on all water rights applications or changes filed under this section, and upon all water rights applications or changes pending as of July 1, 1993. This charge shall be in addition to any other fees imposed under this section.))

Sec. 24. RCW 89.30.001 and 1933 c 149 s 1 are each amended to read as follows:

Reclamation districts including an area of not less than one million acres of land may be created and maintained in this state, as herein provided, for the reclamation and improvement of arid and semiarid lands situated in such districts, and for the generation and/or sale of hydroelectric energy((: PROVIDED, That no appropriation, license, filing, recording, examination or other fee or fees, as provided in RCW 90.16.050 through 90.16.090 or in RCW 90.03.470 shall be applicable to a district or districts created under this chapter)).

Sec. 25. RCW 90.40.090 and 1988 c 127 s 83 are each amended to read as follows:

An application filed by the department of ecology or its assignee, the United States Bureau of Reclamation, for a permit to appropriate waters of the Columbia River under chapter 90.03 RCW, for the development of the Grand Coulee project shall be perfected in the same manner and to the same extent as though such appropriation had been made by a private person, corporation or association((, but no fees, as provided for in RCW 90.03.470, shall be required)).

Sec. 26. RCW 90.46.020 and 1992 c 204 s 3 are each amended to read as follows:

(1) The department of ecology shall, in coordination with the department of health, develop ((interim)) standards for ((pilot projects under subsection (3) of this section on or before July 1, 1992, for)) the use of reclaimed water in land applications.

(2) The department of health shall, in coordination with the department of ecology, develop ((interim)) standards for ((pilot projects under subsection (3) of this section on or before November 15, 1992, for)) the use of reclaimed water in commercial and industrial activities.

(3) The department of ecology and the department of health shall assist interested parties in the development of ((pilot)) projects to aid in achieving the purposes of this chapter.

NEW SECTION. Sec. 27. The legislature shall examine and recommend state policies relating to water rights, water use, and water doctrine and report the recommendations to the appropriate standing committees of the 1995 legislature.

NEW SECTION. Sec. 28. RCW 90.03.471 and 1987 c 109 s 99 & 1925 ex.s. c 161 s 3 are each repealed.

NEW SECTION. Sec. 29. Section 3 of this act shall take effect January 2, 1995.

NEW SECTION. Sec. 30. Sections 22 and 28 of this act shall take effect July 1, 1994.

NEW SECTION. Sec. 31. Section 23 of this act shall take effect July 1, 1998."

MOTIONS

On motion of Senator Rasmussen, the following title amendments were considered simultaneously and were adopted:

On page 1, beginning on line 2 of the title strike "90.03.380, 90.03.390, 90.44.100"

On page 1, line 4 of the title, strike "90.03...., (section 29, of this act)" and insert "90.03.470"

On motion of Senator Rasmussen, the rules were suspended, Reengrossed Second Substitute Senate Bill No. 6291 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 Reengrossed Second Substitute Senate Bill No. 6291.

ROLL CALL

The Secretary called the roll on the final passage of Reengrossed Second Substitute Senate Bill No. 6291 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 15; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Winsley and Wojahn - 31.

Voting nay: Senators Amondson, Anderson, Cantu, Erwin, Hochstatter, McDonald, Nelson, Pelz, Roach, Schow, Smith, L., Talmadge, Vognild, West and Williams - 15.

Excused: Senators Deccio, McCaslin and Skratek - 3.

REENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6291, 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.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 6608, by Senate Committee on Ways and Means (originally sponsored by Senators Rinehart and Gaspard)

Relating to the business and occupation taxation of moneys received by health or social welfare organizations from governmental entities for health or social welfare services.

The bill was read the third time.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6608.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6608 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 14; Absent, 1; Excused, 3.

Voting yea: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 31.

Voting nay: Senators Amondson, Anderson, Cantu, Erwin, Hochstatter, McDonald, Morton, Nelson, Newhouse, Oke, Roach, Schow, Sellar and West - 14.

Absent: Senator Smith, L. - 1.

Excused: Senators Deccio, McCaslin and Skratek - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6608, 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 5:08 p.m., on motion of Senator Spanel, the Senate recessed until 6:00 p.m.

The Senate was called to order at 8:30 p.m. by President Pritchard.

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

MESSAGE FROM THE HOUSE

March 11, 1994

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

MOTION

On motion of Senator Spanel, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILL

ESHB 2676 by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Reams, Anderson, Patterson, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, G. Cole, Moak, Valle, H. Myers, Kremen, Silver, Kessler, Conway, Cothern, Morris, Rayburn and J. Kohl) (by request of Governor Lowry)

Restructuring boards, committees, commissions, and councils.

MOTION

On motion of Senator Spanel, the rules were suspended and Engrossed Substitute House Bill No. 2676 was advanced to second reading and placed on the second reading calendar.

MOTION

On motion of Senator Spanel, the Senate advanced to the sixth order of business.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676, by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Reams, Anderson, Patterson, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, G. Cole, Moak, Valle, H. Myers, Kremen, Silver, Kessler, Conway, Cothern, Morris, Rayburn and J. Kohl) (by request of Governor Lowry)

Restructuring boards, committees, commissions, and councils.

The bill was read the second time.

MOTION

On motion of Senator Oke, Senators Roach and Linda Smith were excused.

MOTIONS

On motion of Senator Haugen, the following amendment by Senators Deccio and Haugen was adopted:

On page 83, after line 20, insert the following:

"NEW SECTION. Sec. 604. A new section is added to chapter 18.130 RCW to read as follows:

(1) The settlement process must be substantially uniform for licensees governed by regulatory entities having authority under this chapter.

(2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondents or their legal representative upon request.

(3) The settlement conference will occur only if a settlement is not achieved through written documents. Respondents will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. Respondents may also have their attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally.

(4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplinary authority member and have such a conference with the attorney general in attendance either by phone or in person."

Renumber the section following consecutively and correct any internal references accordingly.

On motion of Senator Haugen, the following amendment was adopted:

On page 107, line 31, after "the" strike "committee" and insert "((committee)) board"

NOTICE FOR RECONSIDERATION

Having voted on the prevailing side, Senator Talmadge served notice that he would move to reconsider the vote by which the amendment by Senators Deccio and Haugen on page 83, after line 20, to Engrossed Substitute House Bill No. 2676, was adopted earlier today.

MOTION

Senator Haugen moved that the following amendment by Senators Haugen, Winsley, Oke and Vognild be adopted:

On page 134, after line 13, insert the following:

"Sec. 754. RCW 43.63A.300 and 1993 c 280 s 68 are each amended to read as follows:

The legislature finds that fire protection services at the state level are provided by different, independent state agencies. This has resulted in a lack of a comprehensive state-level focus for state fire protection services, funding, and policy. The legislature further finds that the paramount duty of the state in fire protection services is to enhance the capacity of all local jurisdictions to assure that their personnel with fire suppression, prevention, inspection, origin and cause, and arson investigation responsibilities are adequately trained to discharge their responsibilities. It is the intent of the legislature to consolidate fire protection services into a single state agency and to create a state board with the responsibility of (1) establishing a comprehensive state policy regarding fire protection services and (2) advising the ((director of community, trade, and economic development)) governor and the director of fire protection on matters relating to their duties under state law. It is also the intent of the legislature that the fire protection services program created herein will assist local fire protection agencies in program development without encroaching upon their historic autonomy. It is the further intent of the legislature that the fire protection services program be implemented incrementally to assure a smooth transition, to build local, regional, and state capacity, and to avoid undue burdens on jurisdictions with limited resources.

Sec. 755. RCW 43.63A.310 and 1986 c 266 s 55 are each amended to read as follows:

There is created the state fire protection policy board consisting of ((ten)) eight members appointed by the governor:

(1) ((Three)) One representative((s)) of fire chiefs((. At least one shall be from a fire department east of the Cascade mountains and at least one shall be from a fire department west of the Cascade mountains. One shall be from a fire protection district));

(2) One insurance industry representative;

(3) One representative of cities and towns;

(4) One representative of counties;

(5) ((Two)) One full-time, paid, career fire fighter((s));

(6) One volunteer fire fighter; ((and))

(7) One representative of fire commissioners; and

(8) One representative of fire control programs of the department of natural resources.

In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.

The terms of the appointed members of the board shall be three years and until a successor is appointed and qualified. However, initial board members shall be appointed as follows: Three members to terms of one year, three members to terms of two years, and four members to terms of three years. In the case of a vacancy of a member appointed under subsections (1) through (7) of this section, the governor shall appoint a new representative to fill the unexpired term of the member whose office has become vacant. A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the member was appointed to represent. The members of the board appointed pursuant to subsections (1) and (5) of this section and holding office on the effective date of this act shall serve the remainder of their terms, and the reduction of the board required by section 855, chapter ---, Laws of 1994 (this section), shall occur upon the expiration of their terms.

The appointed members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

The board shall select its own chairperson and shall meet at the request of the governor or the chairperson and at least four times per year.

Sec. 756. RCW 43.63A.320 and 1993 c 280 s 69 are each amended to read as follows:

Except for matters relating to the statutory duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection, the board shall have the responsibility of developing a comprehensive state policy regarding fire protection services. In carrying out its duties, the board shall:

(1)(a) Adopt a state fire training and education master plan which allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and technical colleges to provide academic, vocational, and field training programs for the fire service and (ii) with the higher education coordinating board and the state colleges and universities to provide instructional programs requiring advanced training, especially in command and management skills;

(b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention, inspection, and investigation responsibilities which assure continuing assessment of skills and are flexible enough to meet emerging technologies. With particular respect to training for fire investigations, the master plan shall encourage cross training in appropriate law enforcement skills. To meet special local needs, fire agencies may adopt more stringent requirements than those adopted by the state;

(c) Cooperate with the common schools, technical and community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.

Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule;

(d) Develop and adopt a master plan for constructing, equipping, maintaining, and operating necessary fire service training and education facilities subject to the provisions of chapter 43.19 RCW; and

(e) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by law.

(2) In addition to its responsibilities for fire service training, the board shall:

(a) Adopt a state fire protection master plan;

(((2))) (b) Monitor fire protection in the state and develop objectives and priorities to improve fire protection for the state's citizens including: (i) The comprehensiveness of state and local inspections required by law for fire and life safety; (ii) the level of skills and training of inspectors, as well as needs for additional training; and (iii) the efforts of local, regional, and state inspection agencies to improve coordination and reduce duplication among inspection efforts;

(((3))) (c) Establish and promote state arson control programs and ensure development of local arson control programs;

(((4))) (d) Provide representation for local fire protection services to the governor in state-level fire protection planning matters such as, but not limited to, hazardous materials control;

(((5))) (e) Seek and solicit grants, gifts, bequests, ((devices)) devises, and matching funds for use in furthering the objectives and duties of the board, and establish procedures for administering them;

(((6))) (f) Promote mutual aid and disaster planning for fire services in this state;

(((7))) (g) Assure the dissemination of information concerning the amount of fire damage including that damage caused by arson, and its causes and prevention;

(((8))) (h) Submit ((annually a)) an annual report to the governor ((containing a statement of)) describing its ((official acts)) activities undertaken pursuant to this chapter, and make such studies, reports, and recommendations to the governor and the legislature as are requested; and

(((9) Adopt a state fire training and education master plan;

(10) Develop and adopt a master plan for the construction, equipping, maintaining, and operation of necessary fire service training and education facilities, but the authority to construct, equip, and maintain such facilities is subject to chapter 43.19 RCW;

(11) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary to establish and operate fire service training and education facilities in a manner provided by law;

(12) Adopt standards for state-wide fire service training and education courses including courses in arson detection and investigation for personnel of fire, police, and prosecutor's departments;

(13) Assure the administration of)) (i) Implement any legislation enacted by the legislature ((in pursuance of the aims and purposes)) to meet the requirements of any acts of congress ((insofar as the provisions thereof may)) that apply((;

(14) Cooperate with the common schools, community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of Congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.

This section does not apply to forest fire service personnel and programs. Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule)) to this section.

(3) In carrying out its statutory duties, the board shall give particular consideration to the appropriate roles to be played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of responsibility shall be made in consultation with local fire officials and their representatives.

To the extent possible, the board shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional units may serve to: (a) Reinforce coordination among state and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need, particularly in smaller jurisdictions with inadequate resources; (c) assist the state in its oversight responsibilities; (d) identify funding needs and options at both the state and local levels; and (e) provide models for building local capacity in fire protection programs.

Sec. 757. RCW 43.63A.340 and 1993 c 280 s 71 are each amended to read as follows:

(1) Wherever the term state fire marshal appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.

(2) The ((director of community, trade, and economic development)) governor shall appoint an assistant director who shall be known as the director of fire protection. The board, after consulting with the ((director)) governor, shall prescribe qualifications for the position of director of fire protection. The board shall submit to the ((director)) governor a list containing the names of three persons whom the board believes meet its qualifications. If requested by the ((director)) governor, the board shall submit one additional list of three persons whom the board believes meet its qualifications. The appointment shall be from one of the lists of persons submitted by the board.

(3) The director of fire protection may designate one or more deputies and may delegate to those deputies his or her duties and authorities as deemed appropriate.

(4) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall((, after consultation with the board,)) prepare a biennial budget pertaining to fire protection services. Such biennial budget shall be submitted as part of the department's budget request.

(5) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall implement and administer, within the constraints established by budgeted resources, the policies of the board ((and all duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection)). Such administration shall include negotiation of agreements with the state board for community and technical colleges, the higher education coordinating board, and the state colleges and universities as provided in RCW 43.63A.320. Programs covered by such agreements shall include, but not be limited to, planning curricula, developing and delivering instructional programs and materials, and utilizing existing instructional personnel and facilities. Where appropriate, such contracts shall also include planning and conducting instructional programs at the state fire service training center.

(6) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall seek the advice of the board in carrying out his or her duties under law.

Sec. 758. RCW 43.63A.377 and 1991 c 135 s 3 are each amended to read as follows:

Money from the fire services trust fund may be expended for the following purposes:

(1) Training of fire service personnel, including both classroom and hands-on training at the state fire training center or other locations approved by the director through the director of fire protection services;

(2) Maintenance and operation at the state's fire training center near North Bend. If in the future the state builds or leases other facilities as other fire training centers, a portion of these moneys may be used for the maintenance and operation at these centers;

(3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;

(4) Grants or other subsidies to local ((entities)) jurisdictions to allow them to perform their functions under this section;

(5) Costs of administering these programs under this section;

(6) Licensing and enforcement of state laws governing the sales of fireworks; and

(7) Development with the legal fireworks industry and funding of a state-wide public education program for fireworks safety.

Sec. 759. RCW 48.48.060 and 1986 c 266 s 71 are each amended to read as follows:

(1) The chief of each organized fire department, the sheriff or other designated county official, and the designated city or town official shall investigate the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within their respective jurisdictions, as determined by this subsection, and shall forthwith notify the ((director of community development, through the)) director of fire protection((,)) of all fires of criminal, suspected, or undetermined cause occurring within their respective jurisdictions. The county fire marshal shall also be notified of and investigate all such fires occurring in unincorporated areas of the county. Fire departments shall have the responsibility imposed by this subsection for areas within their jurisdictions. Sheriffs or other designated county officials shall have responsibility imposed by this subsection for county areas not within the jurisdiction of a fire department, unless such areas are within the boundaries of a city or town, in which case the designated city or town official shall have the responsibility imposed by this subsection. For the purposes of this subsection, county officials shall be designated by the county legislative authority, and city or town officials shall be designated by the appropriate city or town legislative or executive authority. In addition to the responsibility imposed by this subsection, any sheriff or chief of police may assist in the investigation of the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within his or her respective jurisdiction.

(2) The ((director of community development, through the)) director of fire protection or his or her deputy((,)) may investigate any fire for the purpose of determining its cause, origin, and the extent of the loss. The ((director of community development, through the)) director of fire protection or his or her deputy((,)) shall assist in the investigation of those fires of criminal, suspected, or undetermined cause when requested by the reporting agency. In the investigation of any fire of criminal, suspected, or undetermined cause, the ((director of community development and the)) director of fire protection or his or her deputy((,)) are vested with police powers to enforce the laws of this state. To exercise these powers, authorized deputies must receive prior written authorization from the ((director of community development, through the)) director of fire protection((,)) and shall have completed a course of training prescribed by the Washington state criminal justice training commission.

Sec. 760. RCW 48.48.065 and 1986 c 266 s 72 are each amended to read as follows:

(1) The chief of each organized fire department, or the sheriff or other designated county official having jurisdiction over areas not within the jurisdiction of any fire department, shall report statistical information and data to the ((director of community development, through the)) director of fire protection((,)) on each fire occurring within the official's jurisdiction. Reports shall be consistent with the national fire incident reporting system developed by the United States fire administration and rules established by the ((director of community development, through the director of)) fire protection policy board. The ((director of community development, through the)) director of fire protection((,)) and the department of natural resources shall jointly determine the statistical information to be reported on fires on land under the jurisdiction of the department of natural resources.

(2) The ((director of community development, through the)) director of fire protection((,)) shall analyze the information and data reported, compile a report, and distribute a copy annually by ((January 31)) June 30 to each chief fire official in the state. Upon request, the ((director of community development, through the)) director of fire protection((,)) shall also furnish a copy of the report to any other interested person at cost.

(3) In carrying out the duties relating to collecting, analyzing, and reporting statistical fire data, the fire protection policy board may contract with a qualified individual or organization to gather and report such information under the following conditions:

(a) The contractor may be selected under the sole source provisions of chapter 39.29 RCW, so long as the contractor meets the qualifications of that chapter; and

(b) The information provided meets the diverse needs of state and local fire reporting agencies and is (i) defined in understandable terms of common usage in the fire community; (ii) adaptable to the varying levels of resources available, including whether a given client's system is operated electronically or not; (iii) maintained in a manner which will foster both technical support and resource sharing; and (iv) designed to meet both short and long-term needs.

NEW SECTION. Sec. 761. A new section is added to chapter 43.10 RCW to read as follows:

(1) The legislature finds that provisions for information systems relating to statistics and reporting for fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire incidents where the cause is suspected or determined to be the result of negligence or otherwise suggestive of some criminal activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to undertake prosecution of individuals suspected of such activities.

(2)(a) In addition to the information provided by local officials about the cause, origin, and extent of loss in fires under chapter 48.48 RCW, there is hereby created the state arson investigation information system in the office of the attorney general.

(b) The attorney general shall develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under chapter 48.48 RCW and of the insurance industry.

(c) The arson investigation information system shall be designed to include at least the following attributes: (i) The information gathered and reported shall meet the diverse needs of state and local investigating agencies; (ii) the forms and reports are drafted in understandable terms of common usage; and (iii) the results shall be adaptable to the varying levels of available resources, maintained in a manner to foster data sharing and mutual aid activities, and made available to other law enforcement agencies responsible for criminal investigations.

(d) All insurers required to report claim information under the provisions of chapter 48.50 RCW shall cooperate fully with any requests from the attorney general in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced.

Sec. 762. RCW 48.48.080 and 1986 c 266 s 74 are each amended to read as follows:

If as the result of any such investigation, or because of any information received, the ((director of community development, through the)) director of fire protection((,)) is of the opinion that there is evidence sufficient to charge any person with any crime, he or she may cause such person to be arrested and charged with such offense, and shall furnish to the prosecuting attorney of the county in which the offense was committed, the names of witnesses and all pertinent and material evidence and testimony within his or her possession relative to the offense.

Sec. 763. RCW 52.12.031 and 1986 c 311 s 1 are each amended to read as follows:

Any fire protection district organized under this title may:

(1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;

(2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;

(3) Contract with any governmental entity under chapter 39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, and emergency medical purposes. In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity. This contracting authority includes the furnishing of fire prevention, fire suppression, investigation, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;

(4) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts. The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association. The expenses of the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed two and one-half cents per thousand dollars of assessed valuation;

(5) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;

(6) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110: PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located. A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located: PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be construed as imposing liability on any governmental jurisdiction;

(7) Determine the origin and cause of fires occurring within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 48.48.060;

(8) Perform acts consistent with this title and not otherwise prohibited by law.

NEW SECTION. Sec. 764. The association of fire commissioners that is authorized to be formed under RCW 52.12.031(4), the association of Washington cities, and the Washington state association of counties shall submit a report on achieving greater efficiency in the delivery of fire protection services to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.

NEW SECTION. Sec. 765. The state fire protection policy board shall conduct a study on the overlapping and confusing jurisdiction and responsibilities of local governments concerning fire investigation. The board shall make recommendations to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.

NEW SECTION. Sec. 766. The department of natural resources and the association of fire commissioners shall submit a report on the feasibility of providing fire protection for lands that are not federally protected, not protected by the department of natural resources, and not within the boundaries of a fire protection district to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.

NEW SECTION. Sec. 767. This act does not apply to forest fire service personnel and programs.

NEW SECTION. Sec. 768. RCW 48.48.120 and 1947 c 79 s .33.12 are each repealed.

Sec. 769. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:

Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:

(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state under RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by the state under section 770 of this act shall not exceed two cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for state fire protection services; (c) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((c))) (d) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (((d))) (e) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars

and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.

NEW SECTION. Sec. 770. A new section is added to chapter 84.52 RCW to read as follows:

(1) Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

(2) The state fire protection services account is hereby created in the state treasury. All receipts from the tax levied under this section shall be deposited in the account. Except for unanticipated receipts under chapter 43.79 RCW, moneys in the account may be spent only after appropriation by statute. Expenditures from the account may be used only for state fire protection responsibilities.

NEW SECTION. Sec. 771. A new section is added to chapter 84.52 RCW to read as follows:

When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:

(1) If the limitation is exceeded only as a result of the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;

(2) If the limitation is exceeded as a result of both the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 770 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.

NEW SECTION. Sec. 772. Sections 754 through 771 of this act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."

PARLIAMENTARY INQUIRY

Senator Nelson: "Mr. President, I have a point of parliamentary inquiry. Having been through this drill once before on this bill, I wanted to get an interpretation here as to how far we go down these amendments in order that as we sneak up on the amendment by Senator Vognild on page 178, before line 1, if I challenge it, it is held to be within scope. As the President remembers, when I raised a point of order here on that amendment once before, I got shot down with gusto--I might add--in that the President explained to me that because there had been so many amendments before that one that were accepted, that I was told to sit down because it was within scope. Now, I am anxious to know when there is an opportunity to make sure that my challenge is upheld."

REPLY BY THE PRESIDENT

President Pritchard: "Well, you can never be sure. However, Senator, you know that as we adopt these amendments, it broadens the bill and so I am sure that you, with a keen mind, will attack any amendments that you don't like."

Senator Nelson: "Well, thank you, Mr. President. That was what I thought I was leading up to, is that I am going to take the lead of my good friend and colleague from the thirty-fourth legislative district and simply challenge each amendment on scope and object, so that I can sneak in to those that before were held to be within scope on the first time that we went through this Christmas Tree."

President Pritchard: "Well, Senator, are you raising a scope and object on this amendment?"

Senator Nelson: "Yes, I am Mr. President."

POINT OF ORDER

Senator Nelson: "A point of order, Mr. President. I would like to raise scope and object on this amendment."

Debate ensued.

At 8:38 p.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 8:47 p.m. by President Pritchard.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Nelson, the President finds that Engrossed Substitute House Bill No. 2676 is a measure which makes changes in the duties and organization of various government entities and abolishes certain entities.

"The amendment proposed by Senators Haugen, Winsley, Oke and Vognild on page 134, after line 13, would change the duties and responsibilities of various entities involved in fire protection and prevention, authorizes a property tax and creates a special fund in the state treasury.

"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."

The amendment by Senators Haugen, Winsley, Oke and Vognild on page 134, after line 13, to Engrossed Substitute House Bill No. 2676 was ruled out of order.

MOTION

Senator Quigley moved that the following amendment be adopted:

On page 177, after line 36, insert the following:

"NEW SECTION. Sec. 872. The legislature declares there has been an excessive proliferation of boards and commissions within state government. These boards and commissions are often created without legislative review or input and without an assessment of whether there is a resulting duplication of purpose or process. Once created, they frequently duplicate the duties of existing governmental entities, create additional expense, and obscure responsibility. It has been difficult to control the growth of boards and commissions because of the many special interests involved. Accordingly, the legislature establishes the process in this chapter to eliminate redundant and obsolete boards and commissions and to restrict the establishment of new boards and commissions.

NEW SECTION. Sec. 873. A new section is added to chapter 43.41 RCW to read as follows:

(1) The governor shall conduct a review of all of the boards and commissions identified under section 874 of this act and, by January 8th of every odd-numbered year, submit to the legislature a report recommending which boards and commissions should be terminated or consolidated based upon the criteria set forth in subsection (3) of this section. The report must state which of the criteria were relied upon with respect to each recommendation. The governor shall submit an executive request bill by January 8th of every odd-numbered year to implement the recommendations by expressly terminating the appropriate boards and commissions and by providing for the transfer of duties and obligations under this section. The governor shall accept and review with special attention recommendations made, not later than June 1st of each even-numbered year, by the standing committees of the legislature in determining whether to include any board or commission in the report and bill required by this section.

(2) In addition to terminations and consolidations under subsection (1) of this section, the governor may recommend the transfer of duties and obligations from a board or commission to another existing state entity.

(3) In preparing his or her report and legislation, the governor shall make an evaluation based upon answers to the questions set forth in this subsection. The governor shall give these criteria priority in the order listed.

(a) Has the mission of the board or commission been completed or ceased to be critical to effective state government?

(b) Does the work of the board or commission directly affect public safety, welfare, or health?

(c) Can the work of the board or commission be effectively done by another state agency without adverse impact on public safety, welfare, or health?

(d) Will termination of the board or commission have a significant adverse impact on state revenue because of loss of federal funds?

(e) Will termination of the board or commission save revenues, be cost neutral, or result in greater expenditures?

(f) Is the work of the board or commission being done by another board, commission, or state agency?

(g) Could the work of the board or commission be effectively done by a nonpublic entity?

(h) Will termination of the board or commission result in a significant loss of expertise to state government?

(i) Will termination of the board or commission result in operational efficiencies that are other than fiscal in nature?

(j) Could the work of the board or commission be done by an ad hoc committee?

NEW SECTION. Sec. 874. The boards and commissions to be reviewed by the governor must be all entities that are required to be included in the list prepared by the office of financial management under RCW 43.88.505, other than entities established under: (1) Constitutional mandate; (2) court order or rule; (3) requirement of federal law; or (4) requirement as a condition of the state or a local government receiving federal financial assistance if, in the judgment of the governor, no other state agency, board, or commission would satisfy the requirement.

NEW SECTION. Sec. 875. A new section is added to chapter 43.41 RCW to read as follows:

A new board or commission not established or required in statute that must be included in the report required by RCW 43.88.505 may not be established without the express approval of the director of financial management. The director shall, by January 8th of each year, submit to the legislature a list of those boards and commissions that were requested for approval and those that were approved during the preceding calendar year.

NEW SECTION. Sec. 876. A new section is added to chapter 43.41 RCW to read as follows:

When acting on a request to establish a new board or commission under section 875 of this act, the director of the office of financial management shall consider the following criteria giving priority in the order listed:

(1) If approval is critical to public safety, health, or welfare or to the effectiveness of state government;

(2) If approval will not result in duplication of the work or responsibilities of another governmental agency;

(3) If approval will not have a significant impact on state revenues;

(4) If approval is for a limited duration or on an ad hoc basis;

(5) If the work of the board or commission could be effectively done by a nonpublic entity;

(6) If approval will result in significant enhancement of expertise in state government; and

(7) If approval will result in operational efficiencies other than fiscal savings.

NEW SECTION. Sec. 877. (1) Sections 872 through 876 of this act are 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."

Renumber the remaining sections consecutively and correct any internal references accordingly.

POINT OF ORDER

Senator Nelson: "A point of order, Mr. President. I would like to have a ruling on the scope and object of this amendment. It instills a new procedure for examining the proliferation of board and commissions and establishing some responsibilities within the Office of Financial Management."

Debate ensued.

At 8:50 p.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 9:07 p.m. by President Pritchard.

RULING BY THE PRESIDENT

"The amendment proposed by Senator Quigley on page 177, after line 36, would direct the Governor to submit a bill biennially to recommend termination of boards and commissions based upon specified criteria.

"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 amendment by Senator Quigley on page 177, after line 36, to Engrossed Substitute House Bill No. 2676 was ruled in order.

The President declared the question before the Senate to be the adoption of the amendment by Senator Quigley on page 177, after line 36, to Engrossed Substitute House Bill No. 2676.

The motion by Senator Quigley carried and the amendment was adopted.

MOTION FOR RECONSIDERATION

Having served prior notice, Senator Talmadge moved to now reconsider the vote by which the amendment by Senators Deccio and Haugen on page 83, after line 20, to Engrossed Substitute House Bill No. 2676, was adopted.

Debate ensued.

Senator West demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the motion by Senator Talmadge to reconsider the vote by which the amendment by Senators Deccio and Haugen on page 83, after line 20, to Engrossed Substitute House Bill No. 2676, was adopted.

ROLL CALL

The Secretary called the roll and the motion for reconsideration of the amendment failed by the following vote: Yeas, 16; Nays, 28; Absent, 0; Excused, 5.

Voting yea: Senators Franklin, Fraser, Gaspard, Hargrove, Moore, Nelson, Newhouse, Niemi, Prentice, Quigley, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 16.

Voting nay: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prince, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Smith, A., Snyder, West and Winsley - 28.

Excused: Senators Deccio, McCaslin, Roach, Skratek and Smith, L. - 5.

MOTION

Senator Vognild moved that the following amendment be adopted:

On page 178, before line 1, insert the following:

"NEW SECTION. Sec. 872. The Washington traffic safety commission is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state patrol.

NEW SECTION. Sec. 873. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington traffic safety commission shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington traffic safety commission shall be made available to the Washington state patrol. All funds, credits, or other assets held by the Washington traffic safety commission shall be assigned to the Washington state patrol.

Any appropriations made to the Washington traffic safety commission shall, on the effective date of this section, be transferred and credited to the Washington state patrol.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 874. All employees of the Washington traffic safety commission are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 875. All rules and all pending business before the Washington traffic safety commission shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.

NEW SECTION. Sec. 876. The transfer of the powers, duties, functions, and personnel of the Washington traffic safety commission shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 877. If apportionments of budgeted funds are required because of the transfers directed by sections 873 through 876 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 878. Nothing contained in sections 872 through 877 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 879. A new section is added to chapter 43.06 RCW to read as follows:

The governor shall be responsible for the administration of the traffic safety program of the state and shall be the official of the state having ultimate responsibility for dealing with the federal government with respect to all programs and activities of the state and local governments pursuant to the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731). The governor is authorized and empowered to accept and disburse federal grants or other funds or donations from any source for the purpose of improving traffic safety programs in the state of Washington, and is hereby empowered to contract and to do all other things necessary in behalf of this state to secure the full benefits available to this state under the federal Highway Safety Act of 1966 and in so doing, to cooperate with federal and state agencies, agencies private and public, interested organizations, and with individuals, to effectuate the purposes of that enactment, and any and all subsequent amendments thereto. The governor shall be assisted in these duties and responsibilities by the Washington state patrol.

NEW SECTION. Sec. 880. A new section is added to chapter 43.06 RCW to read as follows:

The governor shall be assisted in the duties and responsibilities under section 879 of this act by the advisory committee on traffic safety. The advisory committee on traffic safety shall be composed of the governor as chair, the superintendent of public instruction, the director of licensing, the secretary of transportation, the chief of the state patrol, the secretary of health, the secretary of social and health services, a representative of the association of Washington cities to be appointed by the governor, a member of the Washington state association of counties to be appointed by the governor, a representative of the judiciary to be appointed by the governor, and four public citizens representing traffic safety interests to be appointed by the governor. In addition, appointments to any vacancies among appointee members shall be as in the case of original appointment.

The governor or any advisory committee member except those appointed by the governor under this section may designate an employee of his or her office or agency to act on his or her behalf during the absence of the governor or member at one or more of the meetings of the committee. The vote of the designee shall have the same effect as if cast by the member if the designation is in writing and is presented to the person presiding at the meetings included within the designation.

The governor may designate a member to preside during the governor's absence.

The chief of the state patrol shall be responsible for convening the committee and shall serve as secretary.

NEW SECTION. Sec. 881. A new section is added to chapter 43.06 RCW to read as follows:

The advisory committee on traffic safety shall provide assistance and guidance in the development of the highway safety plan required pursuant to the Highway Safety Act of 1966; develop recommendations for the creation, revision, or enforcement of traffic safety laws; promote programs to improve traffic safety; and advise and assist the governor and the state patrol, as requested, in carrying out their duties and responsibilities pertaining to the state's traffic safety program. Staff support for the committee shall be provided by the state patrol. The committee shall meet at least one time per year.

NEW SECTION. Sec. 882. A new section is added to chapter 43.43 RCW to read as follows:

In addition to other responsibilities set forth in this chapter the state patrol shall:

(1) Assist the governor to carry out duties and responsibilities pertaining to the traffic safety program of the state and the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731) as provided in section 879 of this act;

(2) Advise and confer with the governing authority of any political subdivision of the state deemed eligible under the federal Highway Safety Act of 1966 for participation in the aims and programs and purposes of that act;

(3) Advise and confer with all agencies of state government whose programs and activities are within the scope of the Highway Safety Act including those agencies that are not subject to direct supervision, administration, and control by the governor under existing laws;

(4) Provide staff support to the advisory committee on traffic safety as provided under section 881 of this act;

(5) Succeed to and be vested with all powers, duties, and jurisdictions previously vested in the Washington traffic safety commission;

(6) Carry out such other responsibilities as may be consistent with section 883 of this act.

NEW SECTION. Sec. 883. A new section is added to chapter 43.43 RCW to read as follows:

The governor's traffic safety program as provided in section 879 of this act shall be located in the office of the chief. As the agency carrying out the governor's traffic safety program, the Washington state patrol shall have the following responsibilities: To find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local levels in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed under the federal Highway Safety Act of 1966.

NEW SECTION. Sec. 884. A new section is added to chapter 43.43 RCW to read as follows:

The Washington state patrol shall submit a report each biennium outlining programs planned and steps taken toward improving traffic safety to the chair of the legislative transportation committee.

NEW SECTION. Sec. 885. A new section is added to chapter 43.43 RCW to read as follows:

The Washington state patrol shall produce and disseminate through all possible media, informational and educational materials explaining the extent of the problems caused by drinking drivers, the need for public involvement in their solution, and the penalties of existing and new laws against driving while under the influence of intoxicating liquor or any drug.

Sec. 886. RCW 28A.170.050 and 1987 c 518 s 209 are each amended to read as follows:

The superintendent of public instruction shall appoint a substance abuse advisory committee comprised of: Representatives of certificated and noncertificated staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the ((traffic safety commission)) Washington state patrol; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation.

Sec. 887. RCW 43.03.028 and 1993 c 281 s 45 and 1993 c 101 s 14 are each reenacted and amended to read as follows:

(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.

(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:

The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; ((the traffic safety commission;)) the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer fire fighters; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.

The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.

Sec. 888. RCW 43.43.390 and 1991 c 214 s 1 are each amended to read as follows:

Bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.

A bicycle awareness program is created within the Washington state patrol. In developing the curriculum for the bicycle awareness program the patrol shall consult with ((the traffic safety commission and with)) bicycling groups providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six. The patrol shall ensure that each safety educator presenting the bicycle awareness program has received specialized training in bicycle safety education and has been trained in effective defensive bicycle riding skills.

Sec. 889. RCW 43.70.410 and 1990 c 270 s 3 are each amended to read as follows:

As used in RCW 43.70.400 through 43.70.440, the term "head injury" means traumatic brain injury.

A head injury prevention program is created in the department of health. The program's functions may be integrated with those of similar programs to promote comprehensive, integrated, and effective health promotion and disease prevention.

In consultation with the ((traffic safety commission)) Washington state patrol, the department shall, directly or by contract, identify and coordinate public education efforts currently underway within state government and among private groups to prevent traumatic brain injury, including, but not limited to, bicycle safety, pedestrian safety, bicycle passenger seat safety, motorcycle safety, motor vehicle safety, and sports safety. If the department finds that programs are not available or not in use, it may, within funds appropriated for the purpose, provide grants to promote public education efforts. Grants may be awarded only after recipients have demonstrated coordination with relevant and knowledgeable groups within their communities, including at least schools, brain injury support organizations, hospitals, physicians, traffic safety specialists, police, and the public. The department may accept grants, gifts, and donations from public or private sources to use to carry out the head injury prevention program.

The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government. Agencies are directed to cooperate with assessment efforts by providing access to data and program records as reasonably required. The department may seek and receive additional funds from the federal government or private sources for assessments. Assessments shall contain findings and recommendations that will improve the effectiveness of public education efforts. These findings shall be distributed among public and private groups concerned with traumatic brain injury prevention.

Sec. 890. RCW 43.70.420 and 1990 c 270 s 4 are each amended to read as follows:

The department of health, the department of licensing, and the ((traffic safety commission)) Washington state patrol shall jointly prepare information for driver license manuals, driver education programs, and driving tests to increase driver awareness of pedestrian safety, to increase driver skills in avoiding pedestrian and motor vehicle accidents, and to determine drivers' abilities to avoid pedestrian motor vehicle accidents.

Sec. 891. RCW 44.40.070 and 1988 c 167 s 10 are each amended to read as follows:

Prior to October 1st of each even-numbered year all state agencies whose major programs consist of transportation activities, including the department of transportation, the utilities and transportation commission, the transportation improvement board, the Washington state patrol, the department of licensing, ((the traffic safety commission,)) the county road administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation committee, a comprehensive six-year program and financial plan for all transportation activities under each agency's jurisdiction.

The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.

Sec. 892. RCW 46.01.030 and 1990 c 250 s 14 are each amended to read as follows:

The department shall be responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:

(1) driver examining and licensing;

(2) driver improvement;

(3) driver records;

(4) financial responsibility;

(5) certificates of ownership;

(6) certificates of license registration and license plates;

(7) proration and reciprocity;

(8) liquid fuel tax collections;

(9) licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;

(10) general highway safety promotion in cooperation with the Washington state patrol ((and traffic safety commission));

(11) such other activities as the legislature may provide.

Sec. 893. RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:

(1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.

(2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, ((the director of the Washington traffic safety commission)), and for such police officers or other cognizant public officials as may be designated by law. Such case records shall not be offered as evidence in any court except in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.

(3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.

Sec. 894. RCW 46.82.300 and 1984 c 287 s 93 are each amended to read as follows:

(1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors' advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state ((traffic safety commission)) patrol. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.

(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.

(3) Duties of the advisory committee shall be to:

(a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;

(b) Review violations of this chapter and to recommend to the director appropriate enforcement or disciplinary action as provided in this chapter;

(c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education; and

(d) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards.

Sec. 895. RCW 46.90.010 and 1993 c 400 s 2 are each amended to read as follows:

In consultation with the chief of the Washington state patrol ((and the traffic safety commission)), the director shall adopt in accordance with chapter 34.05 RCW a model traffic ordinance for use by any city, town, or county. The addition of any new section to, or amendment or repeal of any section in, the model traffic ordinance is deemed to amend any city, town, or county, ordinance which has adopted by reference the model traffic ordinance or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).

Sec. 896. RCW 47.01.250 and 1990 c 266 s 5 are each amended to read as follows:

The chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing are designated as official consultants to the transportation commission so that the goals and activities of their respective agencies which relate to transportation are fully coordinated with other related responsibilities of the department of transportation. In this capacity, the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the transportation commission and the secretary of transportation on the implications and impacts on the transportation related functions and duties of their respective agencies of any proposed comprehensive transportation plan, program, or policy.

In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective agencies' plans, programs, and budgets as they pertain to transportation activities. The secretary of transportation shall provide written comments to the governor and the legislature on the extent to which the state patrol's, ((the traffic safety commission's,)) the county road administration board's, and the department of licensing's final plans, programs, and budgets are compatible with the priorities established in the department of transportation's final plans, programs, and budgets.

NEW SECTION. Sec. 897. The following acts or parts of acts are each repealed:

(1) RCW 43.59.010 and 1967 ex.s. c 147 s 1;

(2) RCW 43.59.020 and 1967 ex.s. c 147 s 2;

(3) RCW 43.59.030 and 1991 c 3 s 298, 1982 c 30 s 1, 1979 c 158 s 105, 1971 ex.s. c 85 s 7, 1969 ex.s. c 105 s 1, & 1967 ex.s. c 147 s 3;

(4) RCW 43.59.040 and 1983 1st ex.s. c 14 s 1 & 1967 ex.s. c 147 s 4;

(5) RCW 43.59.050 and 1975-'76 2nd ex.s. c 34 s 120 & 1967 ex.s. c 147 s 6;

(6) RCW 43.59.060 and 1967 ex.s. c 147 s 7;

(7) RCW 43.59.070 and 1967 ex.s. c 147 s 8;

(8) RCW 43.59.080 and 1967 ex.s. c 147 s 9;

(9) RCW 43.59.130 and 1987 c 505 s 31, 1971 ex.s. c 195 s 5, & 1967 ex.s. c 147 s 14; and

(10) RCW 43.59.140 and 1991 c 290 s 4 & 1983 c 165 s 42.

NEW SECTION. Sec. 898. This act shall take effect July 1, 1994."

Renumber the remaining sections consecutively.

POINT OF ORDER

Senator Nelson: "Mr. President, I rise to a point of order. I rise to challenge the scope and object of the amendment by Senator Vognild on page 178, before line 1. It does not expand the scope of practice of any medical field; it does not involve itself in reorganizing any boards and commissions. The last time the President ruled that it was within the scope was when all those other amendments got hung on. There are no other amendments that have been hung on this time to expand the scope and object to permit the Traffic Safety Commission to be moved from its existing independent status over to the Washington State Patrol. This includes all reports, documents, and all that other good stuff that is in there along with an expansion of the Washington State Patrol's involvement with those responsibilities that have been disseminated throughout the Traffic Safety Commission, as well as the Department of Transportation. In this particular amendment, we establish another commission outside of that in the Governor's Office. That was not the intent of this particular bill. It was to eliminate boards and commissions."

Debate ensued.

RULING BY THE PRESIDENT

"The amendment proposed by Senator Vognild on page 178, before line 1, would abolish the Washington Traffic Safety Commission and transfers its duties to the Washington State Patrol and establishes an advisory committee.

"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 amendment by Senator Vognild on page 178, before line 1, to Engrossed Substitute House Bill No. 2676 was ruled in order.

The President declared the question before the Senate to be the adoption of the amendment by Senator Vognild on page 178, before line 1, to Engrossed Substitute House Bill No. 2676.

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

MOTION

Senator McAuliffe moved that the following amendments by Senators McAuliffe, Haugen, West and Moyer be considered simultaneously and be adopted:

On page 66, after line 33, insert the following:

"NEW SECTION. Sec. 432. A new section is added to chapter 18.88A RCW to read as follows:

For the purposes of maintaining a registry of qualified persons and becoming subject to the provisions of chapter 18.130 RCW, an unlicensed person authorized to administer medications or treatments under section 433 of this act shall register with the state nursing care quality assurance commission as a nursing assistant-registered, providing services to persons with developmental disabilities.

NEW SECTION. Sec. 433. A new section is added to chapter 71A.10 RCW to read as follows:

(1) Community residential programs certified by the department of social and health services under chapter 71A.12 RCW and adult family homes licensed under chapter 70.128 RCW and also certified by the department of social and health services under chapter 71A.12 RCW may permit certain staff who are employed as direct care staff who have been trained and have registered as a nursing assistant-registered, providing services to persons with developmental disabilities as defined in RCW 18.88A.020(5) to administer the following medications or treatments to persons with developmental disabilities:

(a) Oral medication;

(b) Topical medication;

(d) Suppositories;

(e) Home glucose testing and monitoring procedures if the glucometer is recalibrated daily;

(f) Enemas packaged in unit doses only;

(g) Prescribed emergency procedures, which shall be limited to activating emergency services, specifically, calling 911 and notifying the attending physician and/or the supervising nurse; and

(h) Gastrostomy tube feedings, under conditions provided in subsection (4) of this section.

(2) Treatment authorized by this section must be prescribed by a health care practitioner licensed under Title 18 RCW and who has prescriptive authority, acting within the scope of his or her license, and may be administered only after proper training as specified in subsection (3) of this section.

(3) The nursing assistant defined in RCW 18.88A.020(5) shall receive the training specified in this subsection. The person conducting the training must be a registered nurse licensed under chapter 18.88 RCW. A registered nurse shall not be subject to any reprisal or disciplinary action for refusing to provide the training required under this section. Training shall include the following:

(a) Teaching of the nursing assistant defined in RCW 18.88A.020(5) the task, including the nature of the condition requiring treatment, risks of the treatment, side effects, and interaction of prescribed medications;

(b) Observation of the nursing assistant defined in RCW 18.88A.020(5) performing the task to assure that the nursing assistant defined in RCW 18.88A.020(5) does the task safely and accurately;

(c) Written instructions for performance of the task for the nursing assistant defined in RCW 18.88A.020(5) to use as a reference;

(d) Instructions to the nursing assistant defined in RCW 18.88A.020(5) that the task being taught is specific to this client only and is not transferable to other clients or taught to other care providers;

(e) Documentation of how the task was taught, the teaching outcome, the content and type of instructions left for the nursing assistant defined in RCW 18.88A.020(5), evidence that the nursing assistant defined in RCW 18.88A.020(5) understands risks involved in performing the task and has a plan for how to respond to the consequences, and evidence that the nursing assistant defined in RCW 18.88A.020(5) was instructed that the task is client-specific and not transferable to other clients or providers;

(f) Performance of the administration of medications or treatments by nursing assistants defined in RCW 18.88A.020(5) authorized in this section shall be reviewed at least annually by a registered nurse.

(4) A registered nurse may delegate administration of gastrostomy, but not nasogastric, tube feedings to a nursing assistant defined in RCW 18.88A.020(5) specific to one client under the following conditions:

(a) The registered nurse shall consider the nature of the task to be provided, its complexity, risk involved, and the necessary skill needed;

(b) The registered nurse shall assess the client's condition and determine that there is not a significant risk to the client if the nursing assistant defined in RCW 18.88A.020(5) performs the task in the absence of direct supervision;

(c) The registered nurse shall determine how frequently the client's condition shall be reassessed to determine the appropriateness of the continued delegation of the task to a nursing assistant defined in RCW 18.88A.020(5);

(d) If there is some risk involved to the client, the registered nurse shall determine that the nursing assistant defined in RCW 18.88A.020(5) is prepared to respond effectively to the consequences;

(e) The registered nurse shall assess the ability of the nursing assistant defined in RCW 18.88A.020(5) to perform the task;

(f) The registered nurse shall determine the frequency of supervision of the nursing assistant defined in RCW 18.88A.020(5);

(g) The registered nurse shall document the process for deciding that the task can be safely delegated for the specific client to the specific nursing assistant defined in RCW 18.88A.020(5);

(h) The registered nurse shall document how frequently the client should be reassessed by a registered nurse regarding continued delegation of the task to the nursing assistant defined in RCW 18.88A.020(5);

(i) The responsibility, accountability, and authority of the registered nurse shall be limited to teaching and delegation of administration of gastrostomy tube feeding to the nursing assistant defined in RCW 18.88A.020(5), and the determination of which nursing assistants defined in RCW 18.88A.020(5) and the number of nursing assistants defined in RCW 18.88A.020(5) that must be taught and delegated the task of administration of gastrostomy tube feedings shall remain with the registered nurse;

(j) The number of persons to whom the tasks are taught and delegated shall be limited to the number that can be safely supervised by the registered nurse; and

(k) The registered nurse shall assure that the nursing assistant defined in RCW 18.88A.020(5) maintains proficiency in performing the tasks through periodic supervision, and reviews conducted at least annually, by the registered nurse.

(5) The delegating registered nurse has a responsibility to determine that the nursing assistant defined in RCW 18.88A.020(5) is indeed competent to perform the delegated act. Nonnursing and managerial persons shall not coerce the registered nurse into compromising client safety by requiring the registered nurse to delegate. Both the delegating registered nurse and the nursing assistant defined in RCW 18.88A.020(5) are accountable for their own actions in the delegation process.

(6) Verification of the current registration of a person holding himself or herself out to be a nursing assistant defined in RCW 18.88A.020(5) and any restrictions relating to the registration shall be the responsibility of the employer of the nursing assistant defined in RCW 18.88A.020(5).

(7) Development of rules implementing subsections (2), (3), (4), and (5) of this section shall be jointly adopted by the department of social and health services and the state nursing care quality assurance commission.

(8) A basic core training curriculum on providing care in residential settings for people with developmental disabilities shall be in addition to the specific nursing assistant training specified in this section. Such additional training shall be developed and adopted by rule by the secretary of the department of social and health services.

(9) This section may not be construed to apply to persons who are not developmentally disabled or to persons who are living in residential habilitation centers, nor to any setting or facility other than community residential programs certified by the department of social and health services under chapter 71A.12 RCW and adult family homes licensed under chapter 70.128 RCW and also certified by the department of social and health services under chapter 71A.12 RCW.

Sec. 434. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:

As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Department" means the department of social and health services.

(2) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole ((determinate [determinant])) determinant of these conditions, and notify the legislature of this action.

(3) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

(4) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.

(5) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

(6) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

(7) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

(8) "Secretary" means the secretary of social and health services or the secretary's designee.

(9) "Service" or "services" means services provided by state or local government to carry out this title.

(10) "Delegation" means direct authorization granted by a registered nurse to an unlicensed nursing assistant defined in RCW 18.88A.020(5) to perform the functions authorized in this chapter that fall within the scope of practice of the delegator and that are not within the scope of practice of the delegatee.

(11) "Supervision of nursing assistant defined in RCW 18.88A.020" means the provision of guidance and evaluation by a qualified registered nurse for the accomplishment of the specific tasks enumerated in section 433 of this act with the initial direction of the task or activity, periodic inspection of the actual act of accomplishing the task or activity, and the authority to require corrective action. The licensed registered nurse is not required to be on the premises but has given oral and written instructions relating to the specific task or activity and the client has been assessed by the licensed registered nurse prior to authority or delegation being granted to perform the task or activity.

NEW SECTION. Sec. 435. The secretary of health in consultation with the state nursing care quality assurance commission and the department of social and health services shall monitor the implementation of sections 432 through 434 this act and shall make an interim report by December 31, 1995, and a final report by December 31, 1996, to the legislature on the effectiveness of sections 432 through 434 of this act, including whether registration provides sufficient safeguards for protecting the health and safety of persons with developmental disabilities, and with any recommendations for improvements. The report shall be based on direct observation, documentation, and interviews, and shall specifically include a recommendation on whether a change in the level of credentialing is appropriate relating to patient care and safety."

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 98, line 30, strike "(6))) and insert ")) "Nursing assistant-registered, providing services to persons with developmental disabilities" means an individual employed as direct care staff in a community residential program certified by the department of social and health services under chapter 71A.12 RCW or an adult family home licensed under chapter 70.128 RCW and who has been trained by a registered nurse licensed under chapter 18.88 RCW to administer the specific medications or treatments authorized in section 433 of this act. (6)"

POINT OF ORDER

Senator Talmadge: "Mr. President, rising to a point of order. I believe the amendments on page 66, after line 33, and page 98, line 30, expand the scope and object of Engrossed Substitute House Bill No. 2676. Contrary to the previous speaker, these amendments have not been before the body before. It was introduced as a separate bill. The present bill that is before us is one that pertains to the abolition of boards and commissions. The bill contains in it the abolition of certain health care related boards and commissions. Those boards and commissions are specified in anything pertaining to the scope of practice of the professions contained in the bill. It is only necessary to implement the abolition or consolidation of boards and commissions.

"The amendments that are before us are amendments that are very blatantly scope of practice amendments. They pertain to the licensure of a new class of health care professionals, known as, I believe, nursing assistant-registered. They would be authorized to administer certain kinds of medications, to perform certain kinds of procedures in the community for the developmentally disabled and they would be doing this, notwithstanding the fact, that this is presently within the scope of practice of nurses in the state of Washington. The amendments plainly pertains to the issue of scope and practice. The body has adopted an amendment that deals with professional discipline and settlements with respect to professional disciplinary matters, but the body has not adopted such a blatant professional scope of practice amendment as the ones that are before us.

"The President--I would remind the President--ruled the Committee Amendment to Engrossed Substitute House Bill No. 2676 outside of scope and object, because it contained profession scope of practice provisions relating to acupuncture and to athletic trainers. These particular amendments that are before us were not even within that committee amendment and are plainly ones that relate to scope of practice of certain health care related professionals. I believe for that reason, Mr President, the amendments expand the scope and object of the bill."

Further debate ensued.

POINT OF ORDER

Senator Talmadge: "A point of order, Mr. President. One speaker on each side is usually allowed with respect to a scope and object ruling."

REPLY BY THE PRESIDENT

President Pritchard: "That is well taken. That is the practice, Senator."

At 9:29 p.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 9:37 p.m. by President Pritchard.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Talmadge, the President finds that Engrossed Substitute House Bill No. 2676 is a measure which makes changes in the duties and organization of various government entities and abolishes certain entities.

"The amendments proposed by Senators McAuliffe, Haugen, West and Moyer on page 66, after line 33, and page 98, line 30, would assign new duties for nursing assistants in the care of the developmentally disabled.

"The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken."

The amendments by Senators McAuliffe, Haugen, West and Moyer on page 66, after line 33, and page 98, line 30, to Engrossed Substitute House Bill No. 2676 were ruled out of order.

MOTIONS

On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:

On page 2, line 11 of the title, strike "and 90.54.190" and insert "90.54.190, 28A.170.050, 43.43.390, 43.70.410, 43.70.420, 44.40.070, 46.01.030, 46.52.120, 46.82.300, 46.90.010, and 47.01.250"

On page 2, line 12 of the title, strike "and"

On page 2, line 13 of the title, after "75.30.050" insert ", and 43.03.028"

On page 2, at the beginning of line 15 of the title, after "RCW;" insert "adding a new section to chapter 18.130 RCW;"

On page 2, line 16 of the title, after "88.46 RCW;" insert "adding new sections to chapter 43.41 RCW;"

On page 2, line 16 of the title, before "creating" insert "adding new sections to chapter 43.06 RCW; adding new sections to chapter 43.43 RCW;"

On page 3, line 6 of the title, after "88.44.901," strike "and 88.46.110" and insert ", 88.46.110, 43.59.010, 43.59.020, 43.59.030, 43.59.040, 43.59.050, 43.59.060, 43.59.070, 43.59.080, 43.59.130, and 43.59.140"

On page 3, beginning on line 7 of the title, after "penalties;" strike the remainder of the title and insert "providing an effective date; and declaring an emergency."

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2676, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Spanel, further consideration of Engrossed Substitute House Bill No. 2676, as amended by the Senate, was deferred.

At 9:40 p.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 12:47 a.m. by President Pritchard.

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

MESSAGE FROM THE HOUSE

March 11, 1994

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319 and has passed the bill as recommended by the Conference Committee.

MARILYN SHOWALTER, Chief Clerk

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

INTRODUCTION AND FIRST READING

SCR 8431 by Senators Fraser, Bluechel, Gaspard, Prince, Franklin, Moyer, M. Rasmussen, Sellar and Sheldon

Forming the Washington-Hyogo Legislative Friendship Association.

MOTIONS

On motion of Senator Spanel, the rules were suspended and Senate Concurrent Resolution No. 8431 was advanced to second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Senate Concurrent Resolution No. 8431 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

MOTION

On motion of Senator Spanel, the Committee on Rules was relieved of further consideration of Engrossed Substitute Senate Bill No. 6480 and the bill was placed on the third reading calendar.

MOTION

On motion of Senator Spanel, the Senate advanced to the seventh order of business.

THIRD READING

ENGROSSED SENATE BILL NO. 6480, by Senators Moore, Vognild, Prentice, Sheldon, Pelz, Nelson, Sutherland and McAuliffe

Regulating unemployment insurance compensation.

MOTIONS

On motion of Senator Vognild, the rules were suspended and Engrossed Senate Bill No. 6480 was returned to second reading and read the second time.

Senator Vognild moved that the following amendment by Senators Vognild and Newhouse be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 50.20 RCW to read as follows:

The employment security department shall report to the appropriate standing committees of the legislature no later than July 1, 1995, regarding any updating of the department's computer technology that is necessary to or could address eliminating or reducing the need to make conditional payments.

Sec. 2. RCW 50.16.094 and 1993 c 226 s 6 are each amended to read as follows:

An individual may be eligible for applicable employment security benefits while participating in work force training. Eligibility is at the discretion of the commissioner of employment security after submitting a commissioner-approved training waiver and developing a detailed individualized training plan.

((Benefits paid under this section may not be charged to the experience rating accounts of individual employers.))

The commissioner shall adopt rules as necessary to implement this section.

Sec. 3. RCW 50.22.090 and 1993 c 316 s 10 are each amended to read as follows:

(1) An additional benefit period is established for counties identified under subsection (2) of this section beginning on the first Sunday after July 1, 1991, and for the forest products industry beginning with the third week after the first Sunday after July 1, 1991. Benefits shall be paid as provided in subsection (3) of this section to exhaustees eligible under subsection (4) of this section.

(2) The additional benefit period applies to counties having a population of less than five hundred thousand beginning with the third week after a week in which the commissioner determines that a county meets two of the following three criteria, as determined by the department, for the most recent year in which such data is available: (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average. The additional benefit period for a county may end no sooner than fifty-two weeks after the additional benefit period begins.

(3) Additional benefits shall be paid as follows:

(a) No new claims for additional benefits shall be accepted for weeks beginning after July 1, 1995, but for claims established on or before July 1, 1995, weeks of unemployment occurring after July 1, 1995, shall be compensated as provided in this section.

(b) The total additional benefit amount shall be one hundred four times the individual's weekly benefit amount, reduced by the total amount of regular benefits and extended benefits paid, or deemed paid, with respect to the benefit year. Additional benefits shall not be payable for weeks more than two years beyond the end of the benefit year of the regular claim for an individual whose benefit year ends on or after July 27, 1991, and shall not be payable for weeks ending on or after two years after March 26, 1992, for individuals who become eligible as a result of chapter 47, Laws of 1992.

(c) Notwithstanding the provisions of (b) of this subsection, individuals will be entitled to up to five additional weeks of benefits following the completion or termination of training.

(d) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.

(e) Benefits paid under this section shall be paid under the same terms and conditions as regular benefits ((and shall not be charged to the experience rating account of individual employers)). The additional benefit period shall be suspended with the start of an extended benefit period, or any totally federally funded benefit program, with eligibility criteria and benefits comparable to the program established by this section, and shall resume the first week following the end of the federal program.

(f) The amendments in chapter 316, Laws of 1993 affecting subsection (3) (b) and (c) of this section shall apply in the case of all individuals determined to be monetarily eligible under this section without regard to the date eligibility was determined.

(4) An additional benefit eligibility period is established for any exhaustee who:

(a)(i) At the time of last separation from employment, resided in or was employed in a county identified under subsection (2) of this section; or

(ii) During his or her base year, earned wages in at least six hundred eighty hours in the forest products industry, which shall be determined by the department but shall include the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting the industries covered under this subsection. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and

(b)(i) Has received notice of termination or layoff; and

(ii) Is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry; and

(c)(i)(A) Is notified by the department of the requirements of this section and develops an individual training program that is submitted to the commissioner for approval not later than sixty days after the individual is notified of the requirements of this section, and enters the approved training program not later than ninety days after the date of the individual's termination or layoff, or ninety days after July 1, 1991, whichever is later, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or

(B) Is unemployed as the result of a plant closure that occurs after November 1, 1992, in a county identified under subsection (2) of this section, did not comply with the requirements of (c)(i)(A) of this subsection due to good cause as demonstrated to the department, such as ambiguity over possible sale of the plant, develops a training program that is submitted to the commissioner for approval not later than sixty days from a date determined by the department to accommodate the good cause, and enters the approved training program not later than ninety days after the revised date established by the department, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or

(ii) Is enrolled in training approved under this section on a full-time basis and maintains satisfactory progress in the training; and

(d) Does not receive a training allowance or stipend under the provisions of any federal or state law.

(5) For the purposes of this section:

(a) "Training program" means:

(i) A remedial education program determined to be necessary after counseling at the educational institution in which the individual enrolls pursuant to his or her approved training program; or

(ii) A vocational training program at an educational institution that:

(A) Is training for a labor demand occupation;

(B) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power; and

(C) Does not include on-the-job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits under subsection (1) of this section.

(b) "Educational institution" means an institution of higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410(3).

(c) "Training allowance or stipend" means discretionary use, cash-in-hand payments available to the individual to be used as the individual sees fit, but does not mean direct or indirect compensation for training costs, such as tuition or books and supplies.

(6) The commissioner shall adopt rules as necessary to implement this section.

(7) For the purpose of this section, an individual who has a benefit year beginning after January 1, 1989, and ending before July 27, 1991, shall be treated as if his or her benefit year ended on July 27, 1991.

Sec. 4. RCW 50.29.020 and 1993 c 483 s 19 are each amended to read as follows:

(1) An experience rating account shall be established and maintained for each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, based on existing records of the employment security department. Benefits paid to any eligible individuals shall be charged to the experience rating accounts of each of such individual's employers during the individual's base year in the same ratio that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that base year, except as otherwise provided in this section.

(2) The legislature finds that certain benefit payments, in whole or in part, should not be charged to the experience rating accounts of employers except those employers described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, as follows:

(a) Benefits paid to any individuals later determined to be ineligible shall not be charged to the experience rating account of any contribution paying employer.

(b) ((Benefits paid to an individual under the provisions of RCW 50.12.050 shall not be charged to the account of any contribution paying employer if the wage credits earned in this state by the individual during his or her base year are less than the minimum amount necessary to qualify the individual for unemployment benefits.

(c))) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer only if:

(i) The individual files under RCW 50.06.020(1) after receiving crime victims' compensation for a disability resulting from a nonwork-related occurrence; or

(ii) The individual files under RCW 50.06.020(2).

(((d))) (c) Benefits paid which represent the state's share of benefits payable under chapter 50.22 RCW shall not be charged to the experience rating account of any contribution paying employer.

(((e))) (d) In the case of individuals who requalify for benefits under RCW 50.20.050 or 50.20.060, benefits based on wage credits earned prior to the disqualifying separation shall not be charged to the experience rating account of the contribution paying employer from whom that separation took place.

(((f))) (e) In the case of individuals identified under RCW 50.20.015, benefits paid with respect to a calendar quarter, which exceed the total amount of wages earned in the state of Washington in the higher of two corresponding calendar quarters included within the individual's determination period, as defined in RCW 50.20.015, shall not be charged to the experience rating account of any contribution paying employer.

(((g) Benefits paid to an individual who does not successfully complete an approved on-the-job training program under RCW 50.12.240 may not be charged to the experience rating account of the contribution-paying employer who provided the approved on-the-job training.))

(3)(a) Beginning July 1, 1985, a contribution-paying base year employer, not otherwise eligible for relief of charges for benefits under this section, may receive such relief if the benefit charges result from payment to an individual who:

(i) Last left the employ of such employer voluntarily for reasons not attributable to the employer;

(ii) Was discharged for misconduct connected with his or her work not a result of inability to meet the minimum job requirements;

(iii) Is unemployed as a result of closure or severe curtailment of operation at the employer's plant, building, work site, or other facility. This closure must be for reasons directly attributable to a catastrophic occurrence such as fire, flood, or other natural disaster; or

(iv) Continues to be employed on a regularly scheduled permanent part-time basis by a base year employer and who at some time during the base year was concurrently employed and subsequently separated from at least one other base year employer. Benefit charge relief ceases when the employment relationship between the employer requesting relief and the claimant is terminated. This subsection does not apply to shared work employers under chapter 50.60 RCW.

(b) The employer requesting relief of charges under this subsection must request relief in writing within thirty days following mailing to the last known address of the notification of the valid initial determination of such claim, stating the date and reason for the separation or the circumstances of continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be granted.

Sec. 5. RCW 50.29.025 and 1993 c 483 s 21 and 1993 c 226 s 13 are each reenacted and amended to read as follows:

The contribution rate for each employer shall be determined under this section.

(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.

(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year. The intervals for determining the effective tax schedule shall be:

Interval of the

Fund Balance Ratio Effective

Expressed as a Percentage Tax Schedule

((3.90)) 2.90 and above AA

((3.40 to 3.89)) 2.50 to 2.89 A

((2.90 to 3.39)) 2.10 to 2.49 B

((2.40 to 2.89)) 1.60 to 2.09 C

((1.90 to 2.39)) 1.10 to 1.59 D

((1.40 to 1.89)) 0.60 to 1.09 E

Less than ((1.40)) 0.60 F

(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.

(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.

(5) The contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:

Percent of

Cumulative Schedule of Contribution Rates

Taxable Payrolls for Effective Tax Schedule

((Rate

From To Class AA A B C D E F

0.00 5.00 1 0.48 0.36 0.46 0.86 1.36 1.76 2.36

5.01 10.00 2 0.48 0.36 0.66 1.06 1.56 1.96 2.56

10.01 15.00 3 0.58 0.46 0.86 1.26 1.66 2.16 2.76

15.01 20.00 4 0.58 0.66 1.06 1.46 1.86 2.36 2.96

20.01 25.00 5 0.78 0.86 1.26 1.66 2.06 2.56 3.06

25.01 30.00 6 0.98 1.06 1.46 1.86 2.26 2.66 3.16

30.01 35.00 7 1.08 1.26 1.66 2.06 2.46 2.86 3.26

35.01 40.00 8 1.28 1.46 1.86 2.26 2.66 3.06 3.46

40.01 45.00 9 1.48 1.66 2.06 2.46 2.86 3.26 3.66

45.01 50.00 10 1.68 1.86 2.26 2.66 3.06 3.46 3.86

50.01 55.00 11 1.98 2.16 2.46 2.86 3.26 3.66 3.96

55.01 60.00 12 2.18 2.36 2.66 3.06 3.46 3.86 4.16

60.01 65.00 13 2.38 2.56 2.86 3.26 3.66 4.06 4.36

65.01 70.00 14 2.58 2.76 3.06 3.46 3.86 4.26 4.56

70.01 75.00 15 2.88 2.96 3.26 3.66 4.06 4.46 4.66

75.01 80.00 16 3.08 3.16 3.46 3.86 4.26 4.56 4.76

80.01 85.00 17 3.28 3.36 3.66 4.06 4.46 4.76 4.86

85.01 90.00 18 3.68 3.76 4.06 4.46 4.76 4.86 5.06

90.01 95.00 19 4.08 4.16 4.46 4.86 4.96 5.06 5.26

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40))

Rate

From To Class AA A B C D E F

0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.36

5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.96 2.56

10.01 15.00 3 0.46 0.46 0.86 1.26 1.66 2.16 2.76

15.01 20.00 4 0.46 0.66 1.06 1.46 1.86 2.36 2.96

20.01 25.00 5 0.66 0.86 1.26 1.66 2.06 2.56 3.06

25.01 30.00 6 0.86 1.06 1.46 1.86 2.26 2.66 3.16

30.01 35.00 7 0.96 1.26 1.66 2.06 2.46 2.86 3.26

35.01 40.00 8 1.16 1.46 1.86 2.26 2.66 3.06 3.46

40.01 45.00 9 1.36 1.66 2.06 2.46 2.86 3.26 3.66

45.01 50.00 10 1.56 1.86 2.26 2.66 3.06 3.46 3.86

50.01 55.00 11 1.86 2.16 2.46 2.86 3.26 3.66 3.96

55.01 60.00 12 2.06 2.36 2.66 3.06 3.46 3.86 4.16

60.01 65.00 13 2.26 2.56 2.86 3.26 3.66 4.06 4.36

65.01 70.00 14 2.46 2.76 3.06 3.46 3.86 4.26 4.56

70.01 75.00 15 2.76 2.96 3.26 3.66 4.06 4.46 4.66

75.01 80.00 16 2.96 3.16 3.46 3.86 4.26 4.56 4.76

80.01 85.00 17 3.16 3.36 3.66 4.06 4.46 4.76 4.86

85.01 90.00 18 3.56 3.76 4.06 4.46 4.76 4.86 5.06

90.01 95.00 19 3.96 4.16 4.46 4.86 4.96 5.06 5.26

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40

(6) The contribution rate for each employer not qualified to be in the array shall be as follows:

(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and six-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and six-tenths percent for the current rate year;

(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and

(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code.

Sec. 6. RCW 50.29.025 and 1994 c ... s 5 (section 5 of this act) are each amended to read as follows:

The contribution rate for each employer shall be determined under this section.

Interval of the

Fund Balance Ratio Effective

Expressed as a Percentage Tax Schedule

2.90 and above AA

2.50 to 2.89 A

2.10 to 2.49 B

1.60 to 2.09 C

1.10 to 1.59 D

0.60 to 1.09 E

Less than 0.60 F

Percent of

Cumulative Schedule of Contribution Rates

Taxable Payrolls for Effective Tax Schedule

((Rate

From To Class AA A B C D E F

0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.36

5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.96 2.56

10.01 15.00 3 0.46 0.46 0.86 1.26 1.66 2.16 2.76

15.01 20.00 4 0.46 0.66 1.06 1.46 1.86 2.36 2.96

20.01 25.00 5 0.66 0.86 1.26 1.66 2.06 2.56 3.06

25.01 30.00 6 0.86 1.06 1.46 1.86 2.26 2.66 3.16

30.01 35.00 7 0.96 1.26 1.66 2.06 2.46 2.86 3.26

35.01 40.00 8 1.16 1.46 1.86 2.26 2.66 3.06 3.46

40.01 45.00 9 1.36 1.66 2.06 2.46 2.86 3.26 3.66

45.01 50.00 10 1.56 1.86 2.26 2.66 3.06 3.46 3.86

50.01 55.00 11 1.86 2.16 2.46 2.86 3.26 3.66 3.96

55.01 60.00 12 2.06 2.36 2.66 3.06 3.46 3.86 4.16

60.01 65.00 13 2.26 2.56 2.86 3.26 3.66 4.06 4.36

65.01 70.00 14 2.46 2.76 3.06 3.46 3.86 4.26 4.56

70.01 75.00 15 2.76 2.96 3.26 3.66 4.06 4.46 4.66

75.01 80.00 16 2.96 3.16 3.46 3.86 4.26 4.56 4.76

80.01 85.00 17 3.16 3.36 3.66 4.06 4.46 4.76 4.86

85.01 90.00 18 3.56 3.76 4.06 4.46 4.76 4.86 5.06

90.01 95.00 19 3.96 4.16 4.46 4.86 4.96 5.06 5.26

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40))

Rate

From To Class AA A B C D E F

0.00 5.00 1 0.48 0.48 0.58 0.98 1.48 1.88 2.48

5.01 10.00 2 0.48 0.48 0.78 1.18 1.68 2.08 2.68

10.01 15.00 3 0.58 0.58 0.98 1.38 1.78 2.28 2.88

15.01 20.00 4 0.58 0.78 1.18 1.58 1.98 2.48 3.08

20.01 25.00 5 0.78 0.98 1.38 1.78 2.18 2.68 3.18

25.01 30.00 6 0.98 1.18 1.58 1.98 2.38 2.78 3.28

30.01 35.00 7 1.08 1.38 1.78 2.18 2.58 2.98 3.38

35.01 40.00 8 1.28 1.58 1.98 2.38 2.78 3.18 3.58

40.01 45.00 9 1.48 1.78 2.18 2.58 2.98 3.38 3.78

45.01 50.00 10 1.68 1.98 2.38 2.78 3.18 3.58 3.98

50.01 55.00 11 1.98 2.28 2.58 2.98 3.38 3.78 4.08

55.01 60.00 12 2.18 2.48 2.78 3.18 3.58 3.98 4.28

60.01 65.00 13 2.38 2.68 2.98 3.38 3.78 4.18 4.48

65.01 70.00 14 2.58 2.88 3.18 3.58 3.98 4.38 4.68

70.01 75.00 15 2.88 3.08 3.38 3.78 4.18 4.58 4.78

75.01 80.00 16 3.08 3.28 3.58 3.98 4.38 4.68 4.88

80.01 85.00 17 3.28 3.48 3.78 4.18 4.58 4.88 4.98

85.01 90.00 18 3.68 3.88 4.18 4.58 4.88 4.98 5.18

90.01 95.00 19 4.08 4.28 4.58 4.98 5.08 5.18 5.38

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40

(6) The contribution rate for each employer not qualified to be in the array shall be as follows:

Sec. 7. RCW 50.29.062 and 1989 c 380 s 81 are each amended to read as follows:

Predecessor and successor employer contribution rates shall be computed in the following manner:

(1) If the successor is an employer, as defined in RCW 50.04.080, at the time of the transfer, ((his or her)) its contribution rate shall remain unchanged for the remainder of the rate year in which the transfer occurs. From and after January 1 following the transfer, the successor's contribution rate for each rate year shall be based on ((his or her)) its experience with payrolls and benefits including the experience of the acquired business or portion of a business from the date of transfer, as of the regular computation date for that rate year.

(2) If the successor is not an employer at the time of the transfer, ((he or she)) it shall pay contributions at the ((rate class assigned to the predecessor employer at the time of the transfer for the remainder for that rate year and continuing until such time as he or she qualifies for a different rate in his or her own right)) lowest rate as determined by either of the following manners:

(a) At the rate class assigned to the predecessor employer at the time of the transfer for the remainder of that rate year and continuing until the successor qualifies for a different rate in its own right. Any experience relating to the assignment of that rate class attributable to the predecessor is transferred to the successor; or

(b) At the contribution rate equal to the average industry rate as determined by the commissioner, but not less than one percent, and continuing until the successor qualifies for a different rate in its own right. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, must be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the standard industrial classification code.

(3) If the successor is not an employer at the time of the transfer and simultaneously acquires the business or a portion of the business of two or more employers in different rate classes, ((his or her)) its rate from the date the transfer occurred until the end of that rate year and until ((he or she)) it qualifies in ((his or her)) its own right for a new rate, shall be the highest rate class applicable at the time of the acquisition to any predecessor employer who is a party to the acquisition.

(4) The contribution rate on any payroll retained by a predecessor employer shall remain unchanged for the remainder of the rate year in which the transfer occurs.

(5) In all cases, from and after January 1 following the transfer, the predecessor's contribution rate for each rate year shall be based on ((his or her)) its experience with payrolls and benefits as of the regular computation date for that rate year including the experience of the acquired business or portion of business up to the date of transfer: PROVIDED, That if all of the predecessor's business is transferred to a successor or successors, the predecessor shall not be a qualified employer until ((he or she)) it satisfies the requirements of a "qualified employer" as set forth in RCW 50.29.010.

NEW SECTION. Sec. 8. The joint task force on unemployment insurance created by section 22, chapter 483, Laws of 1993 (uncodified) shall evaluate, in addition to the issues required for study in chapter ... (Substitute Senate Bill No. 6217), Laws of 1994, the adequacy of the unemployment insurance trust fund balance, including the effectiveness of the mechanisms that determine the tax schedule each rate year, and report recommendations as required by chapter ... (Substitute Senate Bill No. 6217), Laws of 1994.

NEW SECTION. Sec. 9. Section 2 of this act is remedial in nature and applies retroactively to January 1, 1994.

NEW SECTION. Sec. 10. Sections 3 and 4 of this act apply only to benefit charges attributable to new claims effective after July 2, 1994.

NEW SECTION. Sec. 11. (1) Sections 2 and 5 of this act are 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.

(2) Section 6 of this act shall take effect January 1, 1998."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Vognild and Newhouse to Engrossed Senate Bill No. 6480.

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

MOTIONS

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

On page 1, line 1 of the title, after "compensation;" strike the remainder of the title and insert "amending RCW 50.16.094, 50.22.090, 50.29.020, 50.29.025, and 50.29.062; reenacting and amending RCW 50.29.025; adding a new section to chapter 50.20 RCW; creating new sections; providing an effective date; and declaring an emergency."

On motion of Senator Vognild, the rules were suspended, Reengrossed Senate Bill No. 6480, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTIONS

On motion of Senator Drew, Senator Haugen was excused.

On motion of Senator Anderson, Senators Linda Smith and Winsley were excused.

The President declared the question before the Senate to be the roll call on the final passage of Rengrossed Senate Bill No. 6480.

ROLL CALL

The Secretary called the roll on the final passage of Reengrossed Senate Bill No. 6480 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Wojahn - 42.

Excused: Senators Deccio, Haugen, McCaslin, Roach, Skratek, Smith, L. and Winsley - 7.

REENGROSSED SENATE BILL NO. 6480, 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.

At 1:01 a.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 1:06 a. m. by President Pritchard.

MOTION

On motion of Senator Drew, Senator Loveland was excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Owen, Gubernatorial Appointment No. 9339, Kelly White, as a member of the Wildlife Commission, was confirmed.

Senators Owen and Morton spoke to the confirmation of Kelly White as a member of the Wildlife Commission.

APPOINTMENT OF KELLY WHITE

The Secretary call the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 3; Excused, 8.

Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Drew, Erwin, Fraser, Gaspard, Hargrove, Hochstatter, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Wojahn - 38.

Absent: Senators Bluechel, Franklin and Ludwig - 3.

Excused: Senators Deccio, Haugen, Loveland, McCaslin, Roach, Skratek, Smith, L. and Winsley - 8.

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

MESSAGE FROM THE HOUSE

March 11, 1994

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2699, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

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

INTRODUCTION AND FIRST READING

ESHB 2699 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Wineberry, Forner, J. Kohl, Schoesler, Appelwick, Long, Thibaudeau, Ballasiotes, Lemmon, L. Johnson, Campbell, Valle, Basich, Pruitt, Rayburn, Flemming, Kremen, Sheldon, Karahalios, Conway, Springer and Quall)

Creating a youthbuild violence prevention program.

MOTIONS

On motion of Senator Spanel, the rules were suspended and Engrossed Substitute House Bill No. 2699 was advanced to second reading and placed on the second reading calendar.

On motion of Senator Spanel, the Senate advanced to the sixth order of business.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2699 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Wineberry, Forner, J. Kohl, Schoesler, Appelwick, Long, Thibaudeau, Ballasiotes, Lemmon, L. Johnson, Campbell, Valle, Basich, Pruitt, Rayburn, Flemming, Kremen, Sheldon, Karahalios, Conway, Springer and Quall)

Creating a youthbuild violence prevention program.

The bill was read the second time.

MOTION

On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 2699 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. 2699.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2699 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 5; Absent, 0; Excused, 8.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Smith, A., Spanel, Sutherland, Vognild, West and Williams - 36.

Voting nay: Senators Cantu, McDonald, Snyder, Talmadge and Wojahn - 5.

Excused: Senators Deccio, Haugen, Loveland, McCaslin, Roach, Skratek, Smith, L. and Winsley - 8.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2699, 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.

At 1:20 a.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 3:24 a.m. by President Pritchard.

MOTION

At 3:24 a.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Monday, March 14, 1994.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate