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SEVENTY-FIFTH DAY

__________

AFTERNOON SESSION

__________

House Chamber, Olympia, Friday, March 24, 1995

The House was called to order at 1:30 p.m. by the Speaker (Representative Horn presiding). The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Lisa Chin and Tine Cox. Prayer was offered by Reverend Jack Olive, Mercer Island United Methodists Church.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

There being no objection, the House advanced to the fourth order of business.

RESOLUTION

HOUSE RESOLUTION NO. 95-4630, by Representatives Ogden and Carlson

WHEREAS, The State of Washington will be the recipient of an American Foundation for the Blind "Access 95 Award"; and

WHEREAS, This is a national award which recognizes individuals, organizations, or products that have made a significant difference in improving access for people who are blind and visually impaired; and

WHEREAS, The award will be presented to the State of Washington during the Josephine L. Taylor Leadership Institute which will be held in the Washington, D.C. area on March 16, 1995; and

WHEREAS, The American Foundation for the Blind is a national nonprofit organization founded in 1921 providing services throughout the world to blind and visually impaired persons and their families, and to companies, corporations, and organizations which serve this population; and

WHEREAS, The first president of American Foundation for the Blind was a former Washington State School for the Blind graduate, Robert Irwin. The main school building on campus was named after this prominent educator and leader; and

WHEREAS, The Braille Access Center, located at the Washington State School for the Blind in Vancouver, Washington, is an independent program established in August of 1993 under the direction of Governor Mike Lowry and through the diligent work of a committee made up of various state agencies and blind consumer organizations. Within the Center's first year and one-half of operation over a half million pages of Braille have been produced; and

WHEREAS, Washington is one of the first states to have a system in place where Braille is easily available on demand by blind consumers. The Center also provides a system whereby students at the Washington State School for the Blind can gain important skills through their work in the Center. The Access Center is self-supported and operates on a free-for-service basis;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize the great honor bestowed upon this state by the American Foundation for the Blind.

Representative Ogden moved adoption of the resolution.

Representatives Ogden and Carlson spoke in favor of adoption of the resolution.

House Resolution No. 4630 was adopted.

There being no objection, the House advanced to the fourth order of business.

INTRODUCTIONS AND FIRST READING

HCR 4406 by Representatives Foreman and Ebersole

Authorizing the operation of equipment to provide unedited television coverage of events within legislative facilities.

MOTION

On motion of Representative Foreman, the rules were suspended, and House Concurrent Resolution No. 4406 was advanced to second reading and read the second time in full.

HOUSE CONCURRENT RESOLUTION NO. 4406, by Representatives Foreman and Ebersole

Authorizing the operation of equipment to provide unedited television coverage of events within legislative facilities.

The resolution was read the second time.

MOTION

On motion of Representative Foreman, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.

Representatives Foreman and Ebersole spoke in favor of passage of the resolution.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Concurrent Resolution No. 4406.

MOTIONS

On motion of Representative Talcott, Representative Schoesler was excused.

On motion of Representative Brown, Representative Sommers was excused.

ROLL CALL

The Clerk called the roll on the final passage of House Concurrent Resolution No. 4406, and the resolution passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

Excused: Representatives Schoesler and Sommers - 2.

House Resolution No. 4406 was adopted.

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

REPORTS OF STANDING COMMITTEES

March 22, 1995

HB 1255 Prime Sponsor, Representative Padden: Revising provisions relating to juveniles. Reported by Committee on Appropriations

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Law & Justice. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Reams; Sehlin; Sheahan; Talcott and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Dellwo; Rust and Thibaudeau.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Chappell, Clements, Cooke, Crouse, G. Fisher, Foreman, Grant, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Poulsen, Reams, Sehlin, Sheahan, Silver, Sommers, Talcott and Wolfe.

Voting Nay: Representatives Basich, Dellwo, Rust, Sommers, Thibaudeau and Valle.

Passed to Committee on Rules for second reading.

March 21, 1995

HB 1262 Prime Sponsor, Representative Dyer: Making changes to comprehensive health care coverage. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill by Committee on Health Care be substituted therefor and the substitute bill do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Hargrove; Hickel; Lambert; Lisk; McMorris; Sehlin; Sheahan and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Dellwo; G. Fisher; Jacobsen; Poulsen; Rust; Thibaudeau and Wolfe.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Sehlin, Sheahan, Silver and Talcott.

Voting Nay: Representatives Basich, Dellwo, G. Fisher, Jacobsen, Poulsen, Rust, Sommers, Thibaudeau, Valle and Wolfe.

Excused: Representatives Chappell, Foreman, Grant and Reams.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 1410 Prime Sponsor, Representative Silver: Making appropriations. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Cooke; Crouse; Foreman; Hargrove; Hickel; Lambert; Lisk; McMorris; Reams; Sehlin; Sheahan and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Chappell; Dellwo; G. Fisher; Grant; Jacobsen; Poulsen; Rust; Thibaudeau and Wolfe.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Foreman, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Reams, Sehlin, Sheahan, Silver and Talcott.

Voting Nay: Representatives Basich, Chappell, Dellwo, G. Fisher, Grant, Jacobsen, Poulsen, Rust, Sommers, Thibaudeau, Valle and Wolfe.

Passed to Committee on Rules for second reading.

March 21, 1995

HB 1566 Prime Sponsor, Representative Dyer: Changing health care authority responsibilities. Reported by Committee on Appropriations

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Health Care. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Rust; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representatives G. Fisher and Poulsen.

Voting Yea: Representatives Basich, Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Dellwo, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Rust, Sehlin, Sheahan, Silver, Talcott, Thibaudeau, Valle and Wolfe.

Voting Nay: Representatives G. Fisher, Poulsen and Sommers.

Excused: Representatives Chappell, Foreman, Grant and Reams.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 2082 Prime Sponsor, Representative Chandler: Eliminating the wood stove education program. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Basich; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Foreman; Grant; Hargrove; Hickel; Lambert; Lisk; McMorris; Reams; Sehlin; Sheahan and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Dellwo; G. Fisher; Jacobsen; Poulsen; Rust; Thibaudeau and Wolfe.

Voting Yea: Representatives Basich, Beeksma, Brumsickle, Carlson, Chappell, Clements, Cooke, Crouse, Foreman, Grant, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Reams, Sehlin, Sheahan, Silver and Talcott.

Voting Nay: Representatives Dellwo, G. Fisher, Jacobsen, Poulsen, Rust, Sommers, Thibaudeau, Valle and Wolfe.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 2085 Prime Sponsor, Representative Silver: Eliminating the attendance incentive program for state employees. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Cooke; Crouse; Foreman; Hargrove; Hickel; Lambert; Lisk; McMorris; Reams; Sehlin; Sheahan and Talcott.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Foreman, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Reams, Sehlin, Sheahan, Silver and Talcott.

Voting Nay: Representatives Basich, Chappell, Dellwo, G. Fisher, Grant, Jacobsen, Poulsen, Rust, Sommers, Thibaudeau, Valle and Wolfe.

Passed to Committee on Rules for second reading.

March 23, 1995

SB 5286 Prime Sponsor, Bauer: Changing provisions relating to the state educational grant account. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.10.821 and 1991 sp.s. c 13 s 12 are each amended to read as follows:

The state educational ((grant account)) trust fund is hereby established in the state treasury. The primary purpose of the trust is to ensure the promise of college student assistance to needy or disadvantaged students, especially middle and high school youth, considered at-risk of dropping out of secondary education, who participate in board-approved early awareness and outreach programs and who enter college within two years of high school graduation.

The ((commission)) board shall deposit refunds and recoveries of student financial aid funds expended in prior biennia in such account. The board may also deposit moneys that have been contributed from other state, federal, or private sources.

Expenditures from ((such account)) the fund shall be for financial aid to needy or disadvantaged students. The board may expend such sums from the fund as may be necessary to fulfill the purposes of this section including costs to administer aid programs supported by the fund. All earnings of investments of balances in the state educational trust fund shall be credited to the trust fund. Expenditures from the fund shall not be subject to appropriation but are subject to allotment procedures under chapter 43.88 RCW.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

On page 1, line 1 of the title, after "fund;" strike the remainder of the title and insert "amending RCW 28B.10.821; and declaring an emergency."

Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich; Benton; Blanton; Delvin; Goldsmith and Mastin.

Voting Yea: Representatives Blanton, Carlson, Delvin, Goldsmith, Mason, Mastin and Mulliken.

Excused: Representatives Basich, Benton, Jacobsen and Sheahan.

Referred to Committee on Appropriations.

March 23, 1995

SSB 5440 Prime Sponsor, Committee on Education: Requiring expulsion from school for at least one year for possession of a firearm on school property. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Clements; Fuhrman; Hatfield; McMahan; Quall; Radcliff; Smith; Talcott and B. Thomas.

MINORITY recommendation: Do not pass. Signed by Representatives Dickerson; Pelesky and Veloria.

Voting Yea: Representatives Brumsickle, Cole, Clements, Elliot, Fuhrman, Hatfield, Johnson, McMahan, Quall, Radcliff, Smith, Talcott and B. Thomas.

Voting Nay: Representatives Dickerson, Pelesky and Veloria.

Excused: Representatives G. Fisher, Poulsen and Thompson.

Passed to Committee on Rules for second reading.

March 23, 1995

SSB 5647 Prime Sponsor, Committee on Higher Education: Changing retention of leave provisions for employees of community and technical colleges. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich; Benton; Blanton; Delvin and Mastin.

MINORITY recommendation: Do not pass. Signed by Representative Goldsmith.

Voting Yea: Representatives Basich, Blanton, Carlson, Delvin, Mason, Mastin and Mulliken.

Voting Nay: Representative Goldsmith.

Excused: Representatives Benton, Jacobsen and Sheahan.

Passed to Committee on Rules for second reading.

March 23, 1995

SB 5699 Prime Sponsor, Fraser: Revising provisions relating to international student exchange visitor placement organizations. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Clements; Dickerson; Fuhrman; Hatfield; McMahan; Pelesky; Quall; Radcliff; Smith; Talcott; B. Thomas and Veloria.

Voting Yea: Representatives Brumsickle, Cole, Clements, Dickerson, Elliot, Fuhrman, Hatfield, Johnson, McMahan, Pelesky, Quall, Radcliff, Smith, Talcott, B. Thomas and Veloria.

Excused: Representatives G. Fisher, Poulsen and Thompson.

Passed to Committee on Rules for second reading.

March 23, 1995

SSB 6002 Prime Sponsor, Committee on Higher Education: Changing community and technical college tuition refund and fee cancellation provisions. Reported by Committee on Higher Education

Voting Yea: Representatives Basich, Blanton, Carlson, Delvin, Goldsmith, Mason, Mastin and Mulliken.

Excused: Representatives Benton, Jacobsen and Sheahan.

Passed to Committee on Rules for second reading.

MOTIONS

On motion of Representative Foreman, all Senate Bills listed on today's committee reports under the fifth order of business were referred to the committees so designated, all House Bills listed on today's committee reports under the fifth order of business were placed on the second reading calendar.

SUPPLEMENTAL REPORTS OF STANDING COMMITTEES

March 23, 1995

HB 1070 Prime Sponsor, Representative Sehlin: Adopting the capital budget. Reported by Committee on Capital Budget

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Costa; Hankins; McMorris; Mitchell; Pennington; Regala; L. Thomas and Valle.

Voting Yea: Representatives Chopp, Costa, Hankins, Honeyford, McMorris, Mitchell, Ogden, Pennington, Regala, Sehlin, L. Thomas and Valle.

Excused: Representative Silver.

Passed to Committee on Rules for second reading.

March 23, 1995

HB 1071 Prime Sponsor, Representative Sehlin: Authorizing general obligation bonds for costs incidental to the 1995-97 biennium. Reported by Committee on Capital Budget

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Chopp, Assistant Ranking Minority Member; Costa; Hankins; McMorris; Mitchell; Pennington; Regala; L. Thomas and Valle.

Voting Yea: Representatives Chopp, Costa, Hankins, Honeyford, McMorris, Mitchell, Ogden, Pennington, Regala, Sehlin, L. Thomas and Valle.

Excused: Representative Silver.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 1908 Prime Sponsor, Representative Dyer: Modifying long-term care provisions. Reported by Committee on Appropriations

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Reams; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Dellwo and Rust.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, G. Fisher, Foreman, Grant, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Poulsen, Reams, Sehlin, Sheahan, Silver, Talcott, Thibaudeau and Wolfe.

Voting Nay: Representatives Basich, Chappell, Dellwo, Rust, Sommers and Valle.

Passed to Committee on Rules for second reading.

March 21, 1995

HB 1909 Prime Sponsor, Representative Carlson: Changing higher education tuition and financial aid. Reported by Committee on Appropriations

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Higher Education. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Cooke; Crouse; Hargrove; Hickel; Lisk; McMorris; Sehlin; Sheahan and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Chappell; Dellwo; G. Fisher; Jacobsen; Lambert; Poulsen; Rust; Thibaudeau and Wolfe.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Hargrove, Hickel, Huff, Lisk, McMorris, Pelesky, Sehlin, Sheahan, Silver and Talcott.

Voting Nay: Representatives Basich, Dellwo, G. Fisher, Jacobsen, Lambert, Poulsen, Rust, Sommers, Thibaudeau, Valle and Wolfe.

Excused: Representatives Chappell, Foreman, Grant and Reams.

Passed to Committee on Rules for second reading.

March 21, 1995

HB 2010 Prime Sponsor, Representative Ballasiotes: Revising corrections provisions. Reported by Committee on Appropriations

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Corrections. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Hargrove; Hickel; Lambert; Lisk; McMorris; Sheahan and Talcott.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Sheahan, Silver and Talcott.

Voting Nay: Representatives Basich, Dellwo, G. Fisher, Jacobsen, Poulsen, Rust, Sehlin, Sommers, Thibaudeau, Valle and Wolfe.

Excused: Representatives Chappell, Foreman, Grant and Reams.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 2071 Prime Sponsor, Representative Dyer: Concerning health treatment for individuals with developmental disabilities. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Silver, Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representative Clements, Vice Chairman.

Voting Yea: Representatives Basich, Beeksma, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dellwo, G. Fisher, Foreman, Grant, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Sommers, Talcott, Thibaudeau, Valle and Wolfe.

Voting Nay: Representative Clements.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 2083 Prime Sponsor, Representative Silver: Limiting general assistance for certain categories of recipients. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Foreman; Grant; Hargrove; Hickel; Lambert; Lisk; McMorris; Reams; Sehlin; Sheahan and Talcott.

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Chappell, Clements, Cooke, Crouse, Foreman, Grant, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Reams, Sehlin, Sheahan, Silver and Talcott.

Voting Nay: Representatives Basich, Dellwo, G. Fisher, Jacobsen, Poulsen, Rust, Sommers, Thibaudeau, Valle and Wolfe.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 2084 Prime Sponsor, Representative Silver: Eliminating the family policy council, including community network provisions. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Basich; Beeksma; Brumsickle; Carlson; Cooke; Crouse; Foreman; Hargrove; Hickel; Lambert; Lisk; McMorris; Reams; Sehlin; Sheahan and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives Valle, Assistant Ranking Minority Member; Chappell; Dellwo; G. Fisher; Grant; Jacobsen; Poulsen; Rust; Thibaudeau and Wolfe.

Voting Yea: Representatives Basich, Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Foreman, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Reams, Sehlin, Sheahan, Silver, Sommers and Talcott. Voting Nay: Representatives Chappell, Dellwo, G. Fisher, Grant, Jacobsen, Poulsen, Rust, Thibaudeau, Valle and Wolfe.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 2086 Prime Sponsor, Representative Brumsickle: Changing learning assistance program funding provisions. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Reams; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Basich; Dellwo and Rust.

Voting Nay: Representatives Basich, Dellwo and Rust.

Passed to Committee on Rules for second reading.

March 22, 1995

HB 2087 Prime Sponsor, Representative Brumsickle: Clarifying the use of in-service continuing education and college credits for compensation allocations under the teachers' salary schedule. Reported by Committee on Appropriations

Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Foreman, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Reams, Sehlin, Sheahan, Silver and Talcott. Voting Nay: Representatives Basich, Chappell, Dellwo, G. Fisher, Grant, Jacobsen, Poulsen, Rust, Sommers, Thibaudeau, Valle and Wolfe.

Passed to Committee on Rules for second reading.

March 23, 1995

ESSB 5169 Prime Sponsor, Committee on Education: Changing education provisions. Reported by Committee on Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

PART I - OBSOLETE REFERENCES

Sec. 101. RCW 28A.150.360 and 1990 c 33 s 113 are each amended to read as follows:

In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of ((RCW 28A.150.100 through 28A.150.430)) this chapter, RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and 28A.500.010 in providing an equal educational opportunity for the children of such district or districts.

Sec. 102. RCW 28A.150.370 and 1990 c 33 s 114 are each amended to read as follows:

In addition to those state funds provided to school districts for basic education, the legislature shall appropriate funds for pupil transportation, in accordance with ((RCW 28A.150.100 through 28A.150.430)) this chapter, RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and 28A.500.010, and for programs for handicapped students, in accordance with RCW 28A.155.010 through 28A.155.100. The legislature may appropriate funds to be distributed to school districts for population factors such as urban costs, enrollment fluctuations and for special programs, including but not limited to, vocational-technical institutes, compensatory programs, bilingual education, urban, rural, racial and disadvantaged programs, programs for gifted students, and other special programs.

Sec. 103. RCW 28A.150.380 and 1990 c 33 s 115 are each amended to read as follows:

The state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current use of the common schools such amounts as needed for state support to the common schools during the ensuing biennium as provided in ((RCW 28A.150.100 through 28A.150.430)) this chapter, RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and 28A.500.010.

Sec. 104. RCW 28A.215.010 and 1969 ex.s. c 223 s 28A.34.010 are each amended to read as follows:

The board of directors of any school district shall have the power to establish and maintain ((nursery schools)) preschools and to provide before-and-after-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, rules, and regulations governing ((nursery schools)) preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities shall meet the minimum standard for such ((nursery schools)) preschools as established by the United States Department of Health, Education and Welfare, or its successor agency, and the state board of education. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district.

Sec. 105. RCW 28A.215.040 and 1973 1st ex.s. c 154 s 45 are each amended to read as follows:

Every board of directors shall have power to establish, equip and maintain ((nursery schools)) preschools and/or provide before-and-after-school care for children of working parents, in cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district will be subserved thereby.

Sec. 106. RCW 28A.315.680 and 1991 c 363 s 29 and 1991 c 288 ss 7 and 8 are each reenacted and amended to read as follows:

The school boards of any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more shall establish the director district boundaries. Appointment of a board member to fill any vacancy existing for a new director district prior to the next regular school election shall be by the school board. Prior to the next regular election in the school district and the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be subject to election, one for a six-year term, and one for a two-year term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent members of the board of such district shall not be affected by RCW 28A.315.450, 28A.315.460, 28A.315.570, 28A.315.670, and 28A.315.680((, and 29.21.180)).

Sec. 107. RCW 28A.625.010 and 1990 c 33 s 513 are each amended to read as follows:

RCW 28A.625.020 through ((28A.625.070 and 28B.15.547)) 28A.625.065 may be known and cited as the Washington award for excellence in education program act.

Sec. 108. RCW 28A.625.050 and 1991 c 255 s 8 are each amended to read as follows:

The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to carry out the purposes of RCW 28A.625.010 through ((28A.625.070)) 28A.625.065. These rules shall include establishing the selection criteria for the Washington award for excellence in education program. The superintendent is encouraged to consult with teachers, educational staff associates, principals, administrators, classified employees, superintendents, and school board members in developing the selection criteria. Notwithstanding the provisions of RCW 28A.625.020 (1) and (2), such rules may allow for the selection of individuals whose teaching or administrative duties, or both, may encompass multiple grade level or building assignments, or both.

Sec. 109. RCW 28A.630.868 and 1993 c 335 s 5 are each amended to read as follows:

(1) The superintendent of public instruction shall administer RCW ((28A.630.860)) 28A.630.861 through 28A.630.880.

(2) The school-to-work transitions projects may be conducted for up to six years, if funds are provided.

Sec. 110. RCW 28A.630.870 and 1993 c 335 s 6 are each amended to read as follows:

(1) The superintendent of public instruction may accept, receive, and administer for the purposes of RCW ((28A.630.860)) 28A.630.861 through 28A.630.880 such gifts, grants, and contributions as may be provided from public and private sources for the purposes of RCW ((28A.630.860)) 28A.630.861 through 28A.630.880.

(2) The school-to-work transitions program account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received under this section. Moneys in the account may be spent only for the purposes of ((28A.630.860)) RCW 28A.630.861 through 28A.630.880. Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

Sec. 111. RCW 28A.630.874 and 1993 c 335 s 7 are each amended to read as follows:

(1) The superintendent of public instruction, in coordination with the state board of education, the state board for community and technical colleges, the work force training and education coordinating board, and the higher education coordinating board, shall provide technical assistance to selected schools and shall develop a process that coordinates and facilitates linkages among participating school districts, secondary schools, junior high schools, middle schools, technical colleges, and colleges and universities.

(2) The superintendent of public instruction and the state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under RCW ((28A.630.860)) 28A.630.861 through 28A.630.880.

Sec. 112. RCW 28A.630.880 and 1993 c 335 s 10 are each amended to read as follows:

RCW ((28A.630.860)) 28A.630.861 through 28A.630.880 may be known and cited as the school-to-work transitions program.

NEW SECTION. Sec. 113. RCW 28A.310.380 and 1975 1st ex.s. c 275 s 32, 1971 ex.s. c 282 s 23, & 1969 ex.s. c 176 s 16 are each repealed.

PART II - OBSOLETE SECTIONS

Sec. 201. RCW 28A.205.050 and 1993 c 211 s 4 are each amended to read as follows:

In accordance with chapter 34.05 RCW, the administrative procedure act, the state board of education with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules ((and regulations)) to carry out the purpose and intent of this chapter.

((Criteria as promulgated by the state board of education or superintendent of public instruction for determining if any education center is providing adequate instruction in basic academic skills or demonstrating superior performance in student educational gains for funding under RCW 28A.205.040 shall be subject to review by four members of the legislature, one from each caucus of each house, including the chairs of the respective education committees.))

Sec. 202. RCW 28A.630.400 and 1991 c 285 s 2 are each amended to read as follows:

(1) The state board of education and the state board for community and technical colleges ((education)), in consultation with the superintendent of public instruction, the higher education coordinating board, the state apprenticeship training council, and community colleges, shall ((work cooperatively to develop by September 1, 1992, an educational paraprofessional)) adopt rules as necessary under chapter 34.05 RCW to implement the paraeducator associate of arts degree.

(2) As used in this section, ((an "educational paraprofessional")) a "paraeducator" is an individual who has completed an associate of arts degree for ((an educational paraprofessional)) a paraeducator. The ((educational paraprofessional)) paraeducator may be hired by a school district to assist certificated instructional staff in the direct instruction of children in small and large groups, individualized instruction, testing of children, recordkeeping, and preparation of materials. The ((educational paraprofessional)) paraeducator shall work under the direction of instructional certificated staff.

(3) The training program for ((an educational paraprofessional)) a paraeducator associate of arts degree shall include, but is not limited to, the general requirements for receipt of an associate of arts degree and training in the areas of introduction to childhood education, orientation to handicapped children, fundamentals of childhood education, creative activities for children, instructional materials for children, fine art experiences for children, the psychology of learning, introduction to education, child health and safety, child development and guidance, first aid, and a practicum in a school setting.

(4) ((In developing the program,)) Consideration shall be given to transferability of credit earned in this program to teacher preparation programs at colleges and universities.

(((5) The agencies identified under subsection (1) of this section shall adopt rules as necessary under chapter 34.05 RCW to implement this section.))

NEW SECTION. Sec. 203. The following acts or parts of acts are each repealed:

(1) RCW 28A.170.010 and 1987 c 518 s 205;

(2) RCW 28A.170.020 and 1990 c 33 s 153, 1989 c 233 s 5, & 1987 c 518 s 206;

(3) RCW 28A.170.030 and 1987 c 518 s 207;

(4) RCW 28A.170.040 and 1990 c 33 s 154 & 1987 c 518 s 208;

(5) RCW 28A.170.060 and 1994 c 245 s 5, 1989 c 271 s 113, & 1987 c 518 s 210;

(6) RCW 28A.170.070 and 1990 c 33 s 155 & 1987 c 518 s 211;

(7) RCW 28A.175.060 and 1987 c 518 s 218;

(8) RCW 28A.210.050 and 1969 ex.s. c 223 s 28A.31.060;

(9) RCW 28A.225.190 and 1969 ex.s. c 223 s 28A.58.220;

(10) RCW 28A.405.150 and 1990 c 33 s 388, 1988 c 241 s 1, 1986 c 73 s 1, & 1985 c 420 s 7;

(11) RCW 28A.405.160 and 1990 c 33 s 389 & 1985 c 420 s 8;

(12) RCW 28A.415.290 and 1993 c 336 s 406;

(13) RCW 28A.630.090 and 1990 c 33 s 524 & 1987 c 401 s 11;

(14) RCW 28A.630.091 and 1987 c 401 s 13;

(15) RCW 28A.630.750 and 1991 c 346 s 1;

(16) RCW 28A.630.753 and 1991 c 346 s 2;

(17) RCW 28A.630.756 and 1991 c 346 s 3;

(18) RCW 28A.630.759 and 1991 c 346 s 4;

(19) RCW 28A.630.762 and 1991 c 346 s 5;

(20) RCW 28A.630.765 and 1991 c 346 s 6;

(21) RCW 28A.630.768 and 1991 c 346 s 7;

(22) RCW 28A.630.771 and 1991 c 346 s 8;

(23) RCW 28A.630.774 and 1991 c 346 s 9;

(24) RCW 28A.630.777 and 1991 c 346 s 10;

(25) RCW 28A.630.780 and 1991 c 346 s 11;

(26) RCW 28A.630.783 and 1991 c 346 s 12;

(27) RCW 28A.630.786 and 1991 c 346 s 13;

(28) RCW 28A.630.789 and 1991 c 346 s 14; and

(29) RCW 28A.630.800 and 1985 c 349 s 3.

Sec. 204. RCW 28A.170.075 and 1990 c 33 s 156 are each amended to read as follows:

(1) The legislature finds that the provision of drug and alcohol counseling and related prevention and intervention services in schools will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potentials.

(2) The legislature finds that it is essential that resources be made available to school districts to provide early drug and alcohol prevention and intervention services to students and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse.

(3) ((New and existing)) Substance abuse awareness programs funded ((pursuant to RCW 28A.170.010 through 28A.170.070)) under this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.

(4) The legislature intends to provide grants for drug and alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk.

Sec. 205. RCW 28A.170.090 and 1990 c 33 s 158 are each amended to read as follows:

(1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug and alcohol abuse prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars. Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may include:

(a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;

(b) The total number of students who would have access to services; and

(c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and intervention activities.

(2) The application procedures for grants under this section shall ((be consistent with the application procedures for other grants for substance abuse awareness programs under RCW 28A.170.020, including)) include provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district's needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness programs by school districts((, and other grants under RCW 28A.170.010 through 28A.170.040 shall not require a separate application)). School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness programs. School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine. Grants may be used to provide services for students who are enrolled in approved private schools.

(3) School districts receiving grants under this section shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts' plan for meeting this requirement.

(4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction.

(5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 ((through 28A.170.100)) and 28A.170.090.

PART III - RECODIFICATIONS OR TECHNICAL CHANGES

Sec. 301. RCW 28A.610.010 and 1990 c 33 s 505 are each amended to read as follows:

(1) Parents can be the most effective teachers for their children. Providing illiterate or semiliterate parents with opportunities to acquire basic skills and child development knowledge will enhance their ability to assist and support their children in the learning process, and will enhance children's learning experiences in the formal education environment by providing children with the motivation and positive home environment which contribute to enhanced academic performance.

(2) ((RCW 28A.610.020 through 28A.610.060)) This chapter may be known and cited as project even start.

Sec. 302. RCW 28A.610.020 and 1990 c 33 s 506 are each amended to read as follows:

Unless the context clearly requires otherwise, the definition in this section shall apply throughout ((RCW 28A.610.030 through 28A.610.060)) this chapter.

"Parent" or "parents" means a parent who has less than an eighth grade ability in one or more of the basic skill areas of reading, language arts, or mathematics, as measured by a standardized test, and who has a child or children enrolled in: (1) The state early childhood education and assistance program; (2) a federal head start program; (3) a state or federally funded elementary school basic skills program serving students who have scored below the national average on a standardized test in one or more of the basic skill areas of reading, language arts, or mathematics; or (4) a cooperative ((nursery school)) preschool at a community or technical college ((or vocational technical institute)).

Sec. 303. RCW 28A.610.030 and 1990 c 33 s 507 are each amended to read as follows:

(1) The ((superintendent of public instruction)) state board for community and technical colleges, in consultation with the department of community, trade, and economic development, the department of social and health services, the ((state board for community education)) superintendent of public instruction, and community-based, nonprofit providers of adult literacy services, shall develop an adult literacy program to serve eligible parents as defined under RCW 28A.610.020. The program shall give priority to serving parents with children who have not yet enrolled in school or are in grades kindergarten through three.

(2) In addition to providing basic skills instruction to eligible parents, the program may include other program components which may include transportation, child care, and such other directly necessary activities as may be necessary to accomplish the purposes of ((RCW 28A.610.020 through 28A.610.060)) this chapter.

(3) Parents who elect to participate in training or work programs, as a condition of receiving public assistance, shall have the hours spent in parent participation programs, conducted as part of a federal head start program, or the state early childhood education and assistance program under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, or parent literacy programs under ((RCW 28A.610.020 through 28A.610.060)) this chapter, counted toward the fulfillment of their work and training obligation for the receipt of public assistance.

(4) State funds as may be appropriated for project even start shall be used solely to expand and complement, but not supplant, federal funds for adult literary programs.

(5) The ((superintendent of public instruction)) state board for community and technical colleges shall adopt rules as necessary to carry out the purposes of ((RCW 28A.610.020 through 28A.610.060)) this chapter.

NEW SECTION. Sec. 304. The following sections are each recodified as new sections in chapter 28A.410 RCW:

RCW 28A.405.010

RCW 28A.405.025

NEW SECTION. Sec. 305. The following sections are recodified as a new chapter in Title 28B RCW:

RCW 28A.610.010

RCW 28A.610.020

RCW 28A.610.030

RCW 28A.610.040

RCW 28A.610.050

NEW SECTION. Sec. 306. The following acts or parts of acts are each repealed:

(1) RCW 28A.175.070 and 1994 c 245 s 6 & 1987 c 518 s 219;

(2) RCW 28A.210.005 and 1989 1st ex.s. c 9 s 239;

(3) RCW 28A.215.300 and 1986 c 150 s 1;

(4) RCW 28A.215.310 and 1990 c 33 s 216 & 1986 c 150 s 2;

(5) RCW 28A.215.320 and 1986 c 150 s 3;

(6) RCW 28A.215.330 and 1990 c 33 s 217 & 1986 c 150 s 4; and

(7) RCW 28A.234.010 and 1993 sp.s. c 4 s 15.

Sec. 307. RCW 28A.215.020 and 1990 c 33 s 210 are each amended to read as follows:

Expenditures under federal funds and/or state appropriations made to carry out the purposes of RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)) shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction. The state board of education shall make necessary rules and regulations to carry out the purpose of RCW 28A.215.010.

Sec. 308. RCW 28A.215.030 and 1990 c 33 s 211 are each amended to read as follows:

In the event the legislature appropriates any moneys to carry out the purposes of RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)), allocations therefrom may be made to school districts for the purpose of underwriting allocations made or requested from federal funds until such federal funds are available. Any school district may allocate a portion of its funds for the purpose of carrying out the provisions of RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)) pending the receipt of reimbursement from funds made available by acts of congress.

Sec. 309. RCW 28A.215.050 and 1990 c 33 s 212 are each amended to read as follows:

As a supplement to the authority otherwise granted by RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)) respecting the care or instruction, or both, of children in general, the board of directors of any school district may only utilize funds outside the state basic education appropriation and the state school transportation appropriation to:

(1) Contract with public and private entities to conduct all or any portion of the management and operation of a child care program at a school district site or elsewhere;

(2) Establish charges based upon costs incurred under this section and provide for the reduction or waiver of charges in individual cases based upon the financial ability of the parents or legal guardians of enrolled children to pay the charges, or upon their provision of other valuable consideration to the school district; and

(3) Transport children enrolled in a child care program to the program and to related sites using district-owned school buses and other motor vehicles, or by contracting for such transportation and related services: PROVIDED, That no child three years of age or younger shall be transported under the provisions of this section unless accompanied by a parent or guardian.

PART IV - UNFUNDED PROGRAMS

Sec. 401. RCW 28A.405.120 and 1985 c 420 s 3 are each amended to read as follows:

School districts shall require each administrator, each principal, or other supervisory personnel who has responsibility for evaluating classroom teachers to have training in evaluation procedures. ((The superintendent of public instruction shall provide technical assistance to the local school districts and to the educational service districts in providing training to evaluators.))

NEW SECTION. Sec. 402. The following acts or parts of acts are each repealed:

(1) RCW 28A.175.020 and 1987 c 518 s 213;

(2) RCW 28A.175.030 and 1990 c 33 s 160, 1989 c 209 s 1, & 1987 c 518 s 214;

(3) RCW 28A.175.040 and 1990 c 33 s 161, 1989 c 209 s 2, & 1987 c 518 s 215;

(4) RCW 28A.175.050 and 1990 c 33 s 162 & 1987 c 518 s 217;

(5) RCW 28A.240.010 and 1990 c 33 s 248 & 1985 c 422 s 2;

(6) RCW 28A.240.020 and 1985 c 422 s 1;

(7) RCW 28A.240.030 and 1990 c 33 s 249 & 1985 c 422 s 3;

(8) RCW 28A.300.110 and 1990 c 33 s 255, 1987 1st ex.s. c 2 s 208, 1987 c 197 s 1, & 1984 c 278 s 5;

(9) RCW 28A.300.180 and 1989 c 146 s 3;

(10) RCW 28A.300.200 and 1991 c 128 s 13 & 1990 c 243 s 9;

(11) RCW 28A.415.110 and 1991 c 258 s 3;

(12) RCW 28A.415.115 and 1991 c 258 s 4;

(13) RCW 28A.415.220 and 1993 c 217 s 1 & 1991 c 252 s 1;

(14) RCW 28A.600.425 and 1992 c 196 s 2;

(15) RCW 28A.600.430 and 1992 c 196 s 3;

(16) RCW 28A.600.435 and 1992 c 196 s 4;

(17) RCW 28A.600.440 and 1992 c 196 s 5;

(18) RCW 28A.600.445 and 1992 c 196 s 6;

(19) RCW 28A.600.450 and 1992 c 196 s 7;

(20) RCW 28A.615.060 and 1989 c 310 s 1;

(21) RCW 28A.625.300 and 1985 c 349 s 4;

(22) RCW 28A.630.070 and 1990 c 148 s 2;

(23) RCW 28A.630.075 and 1990 c 148 s 3;

(24) RCW 28A.630.300 and 1987 c 349 s 1;

(25) RCW 28A.630.320 and 1990 c 33 s 534 & 1987 c 349 s 3;

(26) RCW 28A.630.330 and 1990 c 33 s 535 & 1987 c 349 s 4; and

(27) RCW 28A.630.390 and 1987 c 349 s 7.

Sec. 403. RCW 28A.415.105 and 1991 c 258 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW ((28A.415.110)) 28A.415.125 through 28A.415.140.

(1) "Cooperating organizations" means that at least one school district, one college or university, and one educational service district are involved jointly with the development of a student teaching center.

(2) "Cooperating teacher" means a teacher who holds a continuing certificate and supervises and coaches a student teacher.

(3) "Field experience" means opportunities for observation, tutoring, microteaching, extended practicums, and clinical and laboratory experiences which do not fall within the meaning of student teaching.

(4) "School setting" means a classroom in a public, common school in the state of Washington.

(5) "Student teacher" means a candidate for initial teacher certification who is in a state board of education-approved, or regionally or nationally accredited teacher preparation program in a school setting as part of the field-based component of their preparation program.

(6) "Student teaching" means the full quarter or semester in a school setting during which the student teacher observes the cooperating teacher, participates in instructional activities, and assumes both part-time and full-time teaching responsibilities under the supervision of the cooperating teacher.

(7) "Student teaching center" means the program established to provide student teachers in a geographic region of the state with special support and training as part of their teacher preparation program.

(8) "Supervisor or university supervisor" means the regular or adjunct faculty member, or college or university-approved designee, who assists and supervises the work of cooperating teachers and student teachers.

Sec. 404. RCW 28B.90.005 and 1993 c 181 s 1 are each amended to read as follows:

The legislature finds that it has previously declared in RCW 28B.107.005 that it is important to the economic future of the state to promote international awareness and understanding, and in RCW 1.20.100 ((and 28A.630.300)), that the state's economy and economic well-being depends heavily on foreign trade and international exchange.

The legislature finds that it is appropriate that such policies should be implemented by encouraging universities and colleges domiciled in foreign countries to establish branch campuses in Washington and that it is also important to those foreign colleges and universities that their status as authorized foreign degree-granting institutions be recognized by this state to facilitate the establishment and operation of such branch campuses.

In the furtherance of such policy, the legislature adopts the foreign degree-granting institution approved branch campus act.

NEW SECTION. Sec. 405. RCW 28A.415.120 and 1991 c 258 s 5 are each repealed.

PART V - REPORTS

Sec. 501. RCW 28A.215.170 and 1994 c 166 s 9 are each amended to read as follows:

((The governor shall report to the legislature before each regular session of the legislature convening in an odd-numbered year, on the current status of the program, the state-wide need for early childhood program services, and the plans to address these needs. The department shall consult with the office of the superintendent of public instruction in the preparation of the biennial report and on all issues of mutual concern addressed in the report.

The governor's report shall include specific recommendations on at least the following issues:

(1) The desired relationships of a state-funded early childhood education and assistance program with the common school system;

(2) The types of children and their needs that the program should serve;

(3) The appropriate level of state support for implementing a comprehensive early childhood education and assistance program for all eligible children, including related programs to prepare instructors and provide facilities, equipment, and transportation;

(4) The state administrative structure necessary to implement the program; and

(5) The establishment of a system)) The department shall annually report to the governor and the legislature on the findings of the longitudinal study undertaken to examine and monitor the effectiveness of early childhood educational and assistance services for eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those eligible students who did not have access to this program. The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of eligible students who did not have access to this program needing such services.

Sec. 502. RCW 28A.320.200 and 1990 c 33 s 333 are each amended to read as follows:

(1) Each school district board of directors shall develop a schedule and process by which each public school within its jurisdiction shall undertake self-study procedures on a regular basis: PROVIDED, That districts may allow two or more elementary school buildings in the district to undertake jointly the self-study process. Each school may follow the accreditation process developed by the state board of education under RCW 28A.305.130(6), although no school is required to file for actual accreditation, or the school may follow a self-study process developed locally. The initial self-study process within each district shall begin by September 1, 1986, and should be completed for all schools within a district by the end of the 1990-91 school year.

(2) Any self-study process must include the participation of staff, parents, members of the community, and students, where appropriate to their age.

(3) The self-study process that is used must focus upon the quality and appropriateness of the school's educational program and the results of its operational effort. The primary emphasis throughout the process shall be placed upon:

(a) Achieving educational excellence and equity;

(b) Building stronger links with the community; and

(4) The state board of education shall adopt rules governing procedural criteria. Such rules should be flexible so as to accommodate local goals and circumstances. The rules may allow for waiver of the self-study for economic reasons and may also allow for waiver of the initial self-study if a district or its schools have participated successfully in an official accreditation process or in a similar assessment of educational programs within the last three years. The self-study process shall be conducted on a cyclical basis every seven years following the initial 1990-91 period.

(5) The superintendent of public instruction shall provide training to assist districts in their self-studies.

(((6) Each district shall report every two years to the superintendent of public instruction on the scheduling and implementation of their self-study activities. The report shall include information about how the district and each school within the district have addressed the issue of class size and staffing patterns.))

Sec. 503. RCW 28A.330.100 and 1991 c 116 s 17 are each amended to read as follows:

Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power:

(1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her; and to fix his or her duties and compensation.

(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation.

(3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation.

(4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation.

(5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.

(6) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of handicapped youth, as in the judgment of the board, best shall promote the interests of education in the district.

(7) To determine the length of time over and above one hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days' attendance in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools.

(8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof.

(9) To provide free textbooks and supplies for all children attending school.

(10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary.

(11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts.

(12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board's pleasure((; the school district medical inspector or authorized deputies shall make monthly inspections of each school in the district and report the condition of the same to the board of education and board of health)): PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.

Sec. 504. RCW 28A.400.306 and 1992 c 159 s 9 are each amended to read as follows:

The state patrol shall accept fingerprints obtained under this chapter only if it can ensure that the patrol will not retain a record of the fingerprints after the check is complete. It shall not forward fingerprints obtained under this chapter to the federal bureau of investigation unless it can ensure that the federal bureau of investigation will not retain a record of the fingerprints after the check is complete. ((The state patrol shall report to the house of representatives appropriations committee and the senate ways and means committee on measures taken to implement this section before accepting any fingerprints obtained under this chapter.))

Sec. 505. RCW 28A.630.885 and 1994 c 245 s 13 are each amended to read as follows:

(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

(2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

(3) The commission, with the assistance of the advisory committees, shall:

(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;

(b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including performance-based measures that are criterion-referenced. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.

(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

(iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1997-98 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.

(iv) Before the 2000-2001 school year, participation by school districts in the assessment system shall be optional. School districts that desire to participate before the 2000-2001 school year shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-2001 school year, all school districts shall be required to participate in the assessment system.

(v) The state board of education and superintendent of public instruction may modify the essential academic learning requirements and academic assessment system, as needed, in subsequent school years.

(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;

(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to continue to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education;

(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;

(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;

(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;

(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;

(h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:

(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and

(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;

(i) By December 1, 1998, recommend to the legislature, governor, state board of education, and superintendent of public instruction:

(i) A state-wide accountability system to monitor and evaluate accurately and fairly the level of learning occurring in individual schools and school districts. The accountability system shall be designed to recognize the characteristics of the student population of schools and school districts such as gender, race, ethnicity, socioeconomic status, and other factors. The system shall include school-site, school district, and state-level accountability reports;

(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements;

(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements; and

(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements. School staff shall determine how the awards will be spent.

It is the intent of the legislature to begin implementation of programs in this subsection (3)(((h))) (i) on September 1, 2000;

(((i))) (j) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and

(((j))) (k) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.

(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

(6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.

(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

Sec. 506. RCW 28A.630.952 and 1994 c 245 s 4 are each amended to read as follows:

(1) In addition to the duties in RCW 28A.630.951, the joint select committee on education restructuring shall review all laws pertaining to K-12 public education and to educator preparation and certification with the intent of identifying laws that inhibit the achievement of the new system of performance-based education. The select committee shall report to the legislature by November 15, 1994. The laws pertaining to home schooling and private schools shall not be reviewed in this study.

(2) The joint select committee on education restructuring shall review ((current)) the school district data reporting requirements for the purposes of accountability and meeting state information needs reported by the commission on student learning under RCW 28A.630.885. The joint select committee shall report its recommendations to the legislature by January 1996 ((on:

(a) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and

(b) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under RCW 28A.630.885(3)(h))).

Sec. 507. RCW 28A.650.015 and 1994 c 245 s 2 are each amended to read as follows:

(1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan((, which)) shall be ((completed by September 1, 1994, and)) updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address:

(a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;

(b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of on-line information; and

(2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, the department of information services, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, and the state library.

NEW SECTION. Sec. 508. The following acts or parts of acts are each repealed:

(1) RCW 28A.205.060 and 1993 c 211 s 5 & 1985 c 434 s 2;

(2) RCW 28A.225.180 and 1990 c 33 s 233 & 1969 ex.s. c 223 s 28A.58.215;

(3) RCW 28A.225.320 and 1990 1st ex.s. c 9 s 210;

(4) RCW 28A.300.210 and 1991 c 201 s 18;

(5) RCW 28A.335.310 and 1993 c 461 s 3; and

(6) RCW 28A.340.050 and 1990 c 33 s 370 & 1988 c 268 s 7.

PART VI - PERMISSIVE LANGUAGE

Sec. 601. RCW 28A.180.080 and 1990 c 33 s 167 are each amended to read as follows:

The superintendent of public instruction shall prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs. Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program; priorities for funding shall exist for the early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district: PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills. ((School districts are hereby empowered to accept grants, gifts, donations, devices and other gratuities from private and public sources to aid in accomplishing the purposes of RCW 28A.180.010 through 28A.180.080.))

Sec. 602. RCW 28A.225.220 and 1993 c 336 s 1008 are each amended to read as follows:

(1) Any board of directors may make agreements with adults choosing to attend school((: PROVIDED, That unless such arrangements are approved by the state superintendent of public instruction, a reasonable tuition charge, fixed by the state superintendent of public instruction, shall be paid by such students as best may be accommodated therein)), and may charge the adults reasonable tuition.

(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district.

(3) A district shall release a student to a nonresident district that agrees to accept the student if:

(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or

(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; or

(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.

(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.

(6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.

Sec. 603. RCW 28A.225.250 and 1969 c 130 s 11 are each amended to read as follows:

((Notwithstanding any other provision of law,)) (1) The state superintendent of public instruction is directed and authorized to develop and adopt rules ((and regulations to implement such voluntary, tuition free attendance programs among school districts that he)) governing cooperative programs between and among school districts and educational service districts that the superintendent deems necessary ((for the expressed purpose of)) to assure:

(((1) Providing educational opportunities, including vocational skills programs, not otherwise provided;

(2) Avoiding unnecessary duplication of specialized or unusually expensive educational programs and facilities; or

(3) Improving racial balance within and among school districts: PROVIDED, That no voluntary, tuition free attendance program among school districts developed by the superintendent of public instruction shall be instituted unless such program receives the approval of the boards of directors of the districts))

(a) Correct calculation of state apportionment payments;

(b) Proper budgeting and accounting for interdistrict cooperative program revenues and expenditures;

(d) Protection of the right of residents of Washington under twenty-one years of age to a tuition-free program of basic education.

(2) Unless specifically authorized in law, interdistrict cooperative programs shall not be designed to systematically increase state allocation above amounts required if services were provided by the resident school district.

Sec. 604. RCW 28A.335.160 and 1990 c 33 s 359 are each amended to read as follows:

Any school district may cooperate with one or more school districts in the ((following:

(1) The)) joint financing, planning, construction, equipping and operating of any educational facility otherwise authorized by law: PROVIDED, That any cooperative financing plan involving the construction of school plant facilities must be approved by the state board of education pursuant to such rules as may now or hereafter be promulgated relating to state approval of school construction.

(((2) The joint maintenance and operation of educational programs or services (a) either as a part of the operation of a joint facility or otherwise, (b) either on a full or part time attendance basis, and (c) either on a regular one hundred eighty day school year or extended school year: PROVIDED, That any such joint program or service must be operated pursuant to a written agreement approved by the superintendent of public instruction pursuant to rules and regulations promulgated therefor. In establishing rules and regulations the state superintendent shall consider, among such other factors as the superintendent deems appropriate, the economic feasibility of said services and programs, the educational and administrative scope of said agreement and the need for said programs or services.

Notwithstanding any other provision of the law, the state superintendent of public instruction shall establish rules and regulations for the apportionment of attendance credits for such students as are enrolled in a jointly operated facility or program, including apportionment for approved part time and extended school year attendance.))

NEW SECTION. Sec. 605. The following acts or parts of acts are each repealed:

(1) RCW 28A.170.100 and 1991 c 116 s 24, 1990 c 33 s 159, & 1989 c 271 s 313;

(2) RCW 28A.175.080 and 1989 c 233 s 7;

(3) RCW 28A.180.050 and 1984 c 124 s 4, & 1979 c 95 s 4;

(4) RCW 28A.180.070 and 1990 c 33 s 166 & 1984 c 124 s 6; and

(5) RCW 28A.415.050 and 1985 c 419 s 2.

PART VII - MANDATES ON SCHOOL DISTRICT OPERATIONS

Sec. 701. RCW 28A.405.070 and 1989 c 206 s 1 are each amended to read as follows:

((In filling a position)) Effective December 31, 1995, school and educational service districts shall ((consider applications from two individuals wishing to share a job. All announcements of job openings shall contain a statement indicating the district will accept applications from individuals wishing to share the position. Job sharing shall be available to certificated staff)) have a policy on the sharing of jobs by district employees.

NEW SECTION. Sec. 702. RCW 28A.400.150 and 1990 c 33 s 380 & 1969 ex.s. c 223 s 28A.58.170 are each repealed.

PART VIII - MISCELLANEOUS

NEW SECTION. Sec. 801. The repeal of any programs that are not funded as of the effective date of this section is not intended to comment on the value of the services provided by the programs. The repeal of statutes in chapter . . ., Laws of 1995 (this act) does not affect the general authority of school districts to provide services to accomplish the purposes of these programs. The deletion or repeal of language that permitted school districts to carry out specific activities that would be within their general authority is not intended to affect the general authority of school districts to continue to carry out those activities.

NEW SECTION. Sec. 802. Sections 109 through 112 of this act shall expire June 30, 1999.

NEW SECTION. Sec. 803. Section 505 of this act shall expire September 1, 1998.

NEW SECTION. Sec. 804. Section 506 of this act shall expire December 1, 2001.

NEW SECTION. Sec. 805. Part headings and the table of contents as used in this act do not constitute any part of the law."

On page 1, line 2 of the title, after "restructuring;" strike the remainder of the title and insert "amending RCW 28A.150.360, 28A.150.370, 28A.150.380, 28A.215.010, 28A.215.040, 28A.625.010, 28A.625.050, 28A.630.868, 28A.630.870, 28A.630.874, 28A.630.880, 28A.205.050, 28A.630.400, 28A.170.075, 28A.170.090, 28A.610.010, 28A.610.020, 28A.610.030, 28A.215.020, 28A.215.030, 28A.215.050, 28A.405.120, 28A.415.105, 28B.90.005, 28A.215.170, 28A.320.200, 28A.330.100, 28A.400.306, 28A.630.885, 28A.630.952, 28A.650.015, 28A.180.080, 28A.225.220, 28A.225.250, 28A.335.160, and 28A.405.070; reenacting and amending RCW 28A.315.680; adding new sections to chapter 28A.410 RCW; adding a new chapter to Title 28B RCW; creating new sections; recodifying RCW 28A.405.010, 28A.405.025, 28A.610.010, 28A.610.020, 28A.610.030, 28A.610.040, and 28A.610.050; repealing RCW 28A.310.380, 28A.170.010, 28A.170.020, 28A.170.030, 28A.170.040, 28A.170.060, 28A.170.070, 28A.175.060, 28A.210.050, 28A.225.190, 28A.405.150, 28A.405.160, 28A.415.290, 28A.630.090, 28A.630.091, 28A.630.750, 28A.630.753, 28A.630.756, 28A.630.759, 28A.630.762, 28A.630.765, 28A.630.768, 28A.630.771, 28A.630.774, 28A.630.777, 28A.630.780, 28A.630.783, 28A.630.786, 28A.630.789, 28A.630.800, 28A.175.070, 28A.210.005, 28A.215.300, 28A.215.310, 28A.215.320, 28A.215.330, 28A.234.010, 28A.175.020, 28A.175.030, 28A.175.040, 28A.175.050, 28A.240.010, 28A.240.020, 28A.240.030, 28A.300.110, 28A.300.180, 28A.300.200, 28A.415.110, 28A.415.115, 28A.415.220, 28A.600.425, 28A.600.430, 28A.600.435, 28A.600.440, 28A.600.445, 28A.600.450, 28A.615.060, 28A.625.300, 28A.630.070, 28A.630.075, 28A.630.300, 28A.630.320, 28A.630.330, 28A.630.390, 28A.415.120, 28A.205.060, 28A.225.180, 28A.225.320, 28A.300.210, 28A.335.310, 28A.340.050, 28A.170.100, 28A.175.080, 28A.180.050, 28A.180.070, 28A.415.050, and 28A.400.150; and providing expiration dates."

Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Cole, Ranking Minority Member; Clements; Dickerson; Fuhrman; Hatfield; McMahan; Pelesky; Quall; Radcliff; Smith; Talcott; B. Thomas and Veloria.

Voting Yea: Representatives Brumsickle, Cole, Clements, Dickerson, Elliot, Fuhrman, Hatfield, Johnson, McMahan, Pelesky, Quall, Radcliff, Smith, Talcott, B. Thomas and Veloria.

Excused: Representatives G. Fisher, Poulsen and Thompson.

Passed to Committee on Rules for second reading.

March 23, 1995

ESJM 8000 Prime Sponsor, Rasmussen: Petitioning Congress to introduce legislation on pesticide use for minor crops. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; McMorris, Vice Chairman; Mastin, Ranking Minority Member; Chappell, Assistant Ranking Minority Member; Boldt; Clements; Delvin; R. Fisher; Honeyford; Johnson; Kremen; Regala; Robertson; Rust and Schoesler.

Voting Yea: Representatives Boldt, Chandler, Chappell, Clements, Delvin, R. Fisher, Honeyford, Johnson, Koster, Kremen, Mastin, McMorris, Regala, Rust and Schoesler.

Excused: Representatives Poulsen and Robertson.

Passed to Committee on Rules for second reading.

March 23, 1995

SJM 8001 Prime Sponsor, Rasmussen: Petitioning Congress to amend the food, drug, and cosmetic act to establish a negligible risk standard for pesticide residue in processed foods. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; McMorris, Vice Chairman; Mastin, Ranking Minority Member; Chappell, Assistant Ranking Minority Member; Boldt; Clements; Delvin; Honeyford; Johnson; Kremen; Regala; Robertson and Schoesler.

MINORITY recommendation: Without recommendation. Signed by Representatives R. Fisher and Rust.

Voting Yea: Representatives Boldt, Chandler, Chappell, Clements, Delvin, Honeyford, Johnson, Koster, Kremen, Mastin, McMorris, Regala and Schoesler.

Voting Nay: Representatives R. Fisher and Rust.

Excused: Representatives Poulsen and Robertson.

Passed to Committee on Rules for second reading.

MOTIONS

On motion of Representative Foreman, all Senate Bills listed on today's supplemental committee reports under the fifth order of business were referred to the committees so designated, all House Bills listed on today's supplemental committee reports under the fifth order of business were placed on the second reading calendar with the exception House Bill No. 1070 and House Bill No. 1071.

On motion of Representative Foreman, House Bill No. 1070 and House Bill No. 1071 were referred to the Rules Committee.

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

SECOND READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 6029, by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senator Pelz)

Revising exemptions from overtime compensation requirements.

The bill was read the second time.

With the consent of the House, amendment number 577 to Engrossed Substitute Senate Bill No. 6029 was withdrawn.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Lisk and Romero spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6029.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6029, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.

Engrossed Substitute Senate Bill No. 6029, having received the constitutional majority, was declared passed.

There being no objection, the House immediately transmitted Engrossed Substitute Senate Bill No. 6029 to the Senate.

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker called the House to order.

HOUSE BILL NO. 2071, by Representatives Dyer, Dellwo, Backlund and Hymes

Concerning health treatment for individuals with developmental disabilities.

The bill was read the second time.

Representative Cody moved adoption of the following amendment by Representative Cody:

On page 4, beginning on line 16, after "the" strike "specific nursing assistant"

On page 4, line 17, after "training" insert "requirements"

On page 4, line 17, after "in" insert "subsection 5 of"

On page 4, line 17, after "section." strike "Such additional" and insert "Basic core"

Representatives Cody and Backlund spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Cody moved adoption of the following amendment by Representative Cody:

On page 5, line 5, strike "70.127" and insert "70.128 and 18.20"

Representative Cody spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Cody moved adoption of the following amendment by Representative Cody:

On page 5, line 7, after "representing" insert "home health, hospice and"

Representatives Cody and Backlund spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Clements moved adoption of the following amendment by Representative Clements:

On page 6, after line 5, insert a new subsection as follows:

"(3) The department of social and health services shall impose a civil fine of not less than one hundred dollars nor more than one thousand dollars on a community residential program, adult family home, or boarding home under this act that knowingly permits an employee to perform a nursing task except as delegated by a nurse pursuant to this act."

Representatives Clements and Cody spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Cody moved adoption of the following amendment by Representative Cody:

On page 9, after line 35, insert a new section as follows

"NEW SECTION. Sec. 11. A special legislative task force is established to monitor implementation of this act. The task force shall consist of four members from the house of representatives, no more than two of whom shall be members of the same caucus, who shall be appointed by the speaker of the house of representatives, and four members from the senate, no more than two of whom shall be members of the same caucus, who shall be appointed by the president of the senate. The task force shall:

(1) Review the proposed nurse delegation protocols developed by the nursing care quality assurance commission;

(2) Review the proposed core and specialized training curricula developed by the department of social and health services and by the nursing care quality assurance commission;

(3) Review the program and reimbursement policies, and the identified barriers to nurse delegation, developed by the department of health and department of social and health services;

(4) Submit an interim report of its findings and recommendations on the above actions to the legislature by January 1, 1996;

(5) During 1996, conduct hearings to assess the effectiveness with which the delegation protocols, the core training, and nurse oversight are being implemented, and their impact on patient care and quality of life;

(6) Review and approve the proposed study designs;

(7) By February 1, 1997, recommend to the legislature a mechanism and time frame for extending nurse delegation provisions similar to those described in this act to persons residing in their own homes;

(8) During 1997, receive interim reports on the findings of the studies conducted in accordance with this act, and conduct additional fact-finding hearings on the implementation and impact of the nurse delegation provisions of this act.

The office of program research and senate committee services shall provide staff support to the task force. The department of health, the department of social and health services, and the nursing care quality assurance commission shall provide technical support as needed. The task force shall cease to exist on January 1, 1998, unless extended by act of the legislature."

Representative Cody spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Dyer, Cody and Backlund spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2071.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2071, and the bill passed the House by the following vote: Yeas - 86, Nays - 10, Absent - 1, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Wolfe and Mr. Speaker - 86.

Voting nay: Representatives Chopp, Cody, Cole, Conway, Costa, Mason, Romero, Thibaudeau, Tokuda and Veloria - 10.

Absent: Representative Basich - 1.

Excused: Representative Brown - 1.

Engrossed House Bill No. 2071, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2086, by Representative Brumsickle

Changing learning assistance program funding provisions.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Brumsickle, Cole and Silver spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2086.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2086, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

Excused: Representative Brown - 1.

House Bill No. 2086, having received the constitutional majority, was declared passed.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

HOUSE BILL NO. 1410, by Representatives Silver and Sommers; by request of Office of Financial Management

Making appropriations.

The bill was read the second time. There being no objection, Substitute House Bill No. 1410 was substituted for House Bill No. 1410 and the substitute bill was placed on second reading.

Substitute House Bill No. 1410 was read the second time.

Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:

On page 2, line 18, strike "47,675,000" and insert "45,362,000"

On page 2, line 20, strike "49,096,000" and insert "46,783,000"

On page 2, line 28, strike "36,668,000" and insert "34,903,000"

On page 2, line 30, strike "38,089,000" and insert "36,324,000"

On page 55, line 5, strike "30,419,000" and insert "34,497,000"

On page 55, line 9, strike "70,564,000" and insert "74,642,000"

On page 57, after line 4, insert: "(i) $4,078,000 of the general fund state appropriation is provided solely for grants to provide classrooms with instructional materials, books, and supplies."

Representative G. Fisher spoke in favor of the adoption of the amendment.

Representative Dyer spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Wolfe moved adoption of the following amendment by Representative Wolfe:

On page 3, after line 2, insert:

"NEW SECTION. Sec. 103. FOR THE PERFORMANCE PARTNERSHIP COUNCIL

General Fund--State Appropriation_..........$ 500,000"

Renumber remaining sections and correct internal references accordingly.

Representatives Wolfe and Backlund spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Conway moved adoption of the following amendment by Representative Conway:

On page 3, beginning on line 7, strike all of lines 7 and 8

On page 3, line 9, strike "4,052,000" and insert "3,902,000"

On page 3, beginning on line 20, strike all of subsection (3)

Renumber the subsections consecutively.

Representative Conway spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 3, beginning on line 7, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 39, Nays - 59, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Smith, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 39.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

Representative Conway moved adoption of the following amendment by Representative Cairnes:

On page 4, beginning on line 3, strike all of subsection (4)

Renumber the subsections consecutively.

Representative Conway spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 4, beginning on line 3, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 43, Nays - 55, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Benton, Brown, Cairnes, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 43.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 55.

Representative Romero moved adoption of the following amendment by Representative Romero:

On page 5, line 9, strike "$3,300,000" and insert "$2,324,000"

On page 5, after line 9, strike all material through "resources." on line 15

On page 82, line 21, strike "$29,893,000" and insert "$31,079,000"

On page 82, on line 33, after "(4)" strike the remainder of the subsection and insert "$976,000 of the general fund-state appropriation is provided solely for the Washington State Institute for Public Policy to conduct studies requested by the Legislature."

Representatives Romero and Chopp spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Costa moved adoption of the following amendment by Representative Costa:

On page 6, line 15, strike "35,384,000" and insert "35,705,000"

On page 6, line 20, strike "75,084,000" and insert "75,405,000"

On page 7, after line 4, insert the following:

"(4) $321,000 of the public safety and education account appropriation is provided solely for the Snohomish county preprosecution diversion program."

Representative Costa spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Hatfield moved adoption of the following amendment by Representative Hatfield:

On page 10, line 32, strike "$102,688,000" and insert "$102, 788,000"

On page 11, line 34, strike "$333,795,000" and insert "$333, 895,000"

On page 14, after line 27, insert: "(16) $500,000 of the general fund-state appropriation is provided solely for the emergency food assistance program."

Representative Hatfield spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 10, line 32 to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Buck, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 60.

With the consent of the House, amendment number 486 to Substitute House Bill No. 1041 was withdrawn.

Representative Sheldon moved adoption of the following amendment by Representative Sheldon:

On page 10, line 32, strike "$102,688,000" and insert "$102,808,000"

On page 11, line 34, strike "$333,795,000" and insert "$333,915,000"

On page 14, after line 27, insert: "(16) $120,000 of the general fund-state appropriation is provided solely for continuation of the community revitalization team."

Representative Sheldon spoke in favor of the adoption of the amendment.

The amendment was not adopted.

MOTION

Representative Padden moved that Rule 13C be suspended.

With the consent of the House, amendment numbers 509 and 483 to Substitute House Bill No. 1410 was withdrawn.

Representative Veloria moved adoption of the following amendment by Representative Veloria:

On page 10, line 34, strike "102,688,000" and insert "102,938,000"

On page 11, line 32, strike "333,795,000" and insert "334,045,000"

On page 14, after line 27, insert the following:

"(16) $250,000 of the general fund--state appropriation is provided solely for emergency mortgage and rental assistance for unemployed aerospace workers in aerospace impact areas. As used in this subsection, "aerospace worker" means any employee of a business in which a minimum of twenty-five percent of the business involves aerospace or aviation-related products. As used in this subsection, "aerospace impact area" means a city, town, or unincorporated area that is affected by significant aerospace worker job losses."

On page 23, line 33, strike "296,681,000" and insert "297,431,000"

On page 24, line 1, strike "550,243,000" and insert "550,993,000"

On page 24, after line 19, insert the following:

"(4) $750,000 of the general fund--state appropriation is provided solely for services to unemployed aerospace workers in aerospace impact areas. As used in this subsection, "aerospace worker" means any employee of a business in which a minimum of twenty-five percent of the business involves aerospace or aviation-related products. As used in this subsection, "aerospace impact area" means a city, town, or unincorporated area that is affected by significant aerospace worker job losses."

On page 48, line 35, strike "42,967,000" and insert "43,967,000"

On page 49, line 15, strike "195,393,000" and insert "196,393,000"

On page 50, after line 36, insert the following:

"(14) $1,000,000 of the general fund-state appropriation is provided solely to fund environmental restoration projects, under chapter 43.21J RCW, for unemployed aerospace workers in aerospace impact areas. As used in this subsection, "aerospace worker" means any employee of a business in which a minimum of twenty-five percent of the business involves aerospace or aviation-related products. As used in this subsection, "aerospace impact area" means a city, town, or unincorporated area that is affected by significant aerospace worker job losses."

Representatives Veloria, Chopp and Mason spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

Representative Lisk spoke against the adoption of the amendment.

ROLL CALL

The Clerk called the roll on adoption of the amendment on page 10, line 34 to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 40, Nays - 58, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Casada, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scott, Sheldon, Sommers, Stevens, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 40.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 58.

With the consent of the House, amendment number 482 to Substitute House Bill No. 1410 was withdrawn.

Representative Veloria moved adoption of the following amendment by Representative Veloria:

On page 10, line 34, strike "102,688,000" and insert "103,073,000"

On page 11, line 32, strike "333,795,000" and insert "334,180,000"

On page 14, line 27, insert the following:

"(16) $385,000 of the general fund--state appropriation is provided solely for the purposes of minority and women business development and export assistance activities."

Representative Veloria spoke in favor of the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment numbers 459, 441, 442 and 443 to Substitute House Bill No. 1410 were withdrawn.

Representative Grant moved adoption of the following amendment by Representative Grant:

On page 10, line 34, strike "$102,688,000" and insert "$103,063,000"

On page 11, line 32, strike "$333,795,000" and insert "$334,170,000"

On page 14, line 27, insert "(16) $375,000 of the general fund-state appropriation is provided solely for the retired senior volunteer program."

Representative Grant spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 10, line 34 to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Brumsickle, Carlson, Casada, Chappell, Chopp, Cody, Cole, Conway, Costa, Crouse, Dellwo, Delvin, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Honeyford, Hymes, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 45.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Buck, Cairnes, Campbell, Carrell, Chandler, Clements, Cooke, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Horn, Huff, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 53.

With the consent of the House, amendment numbers 444, 445 and 447 to Substitute House Bill No. 1410 were withdrawn.

Representative Dellwo moved adoption of the following amendment by Representative Dellwo:

On page 10, line 34, strike "$102,688,000" and insert "$107,488,000"

On page 11, line 32, strike "$333,795,000" and insert "$338,595,000"

On page 13, line 32, after "(9)" strike the remainder of the subsection and insert: "$4,800,000 of the general fund-state appropriation is provided solely for civil indigent defense."

On page 107, after line 5, strike all of section 911

Renumber remaining sections consecutively and correct title and internal references accordingly.

Representatives Dellwo and Appelwick spoke in favor of the adoption of the amendment.

Representative Clements spoke against the adoption of the amendment.

Representative Appelwick again spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Reams moved adoption of the following amendment by Representative Reams:

On page 11, line 7, strike "Marketplace Account Appropriation" and insert "Washington Marketplace Program Account Appropriation"

Representative Reams spoke in favor of the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment number 569 to Substitute House Bill No. 1410 was withdrawn.

Representative Reams moved adoption of the following amendment by Representative Reams:

On page 12, line 3, after "(2)" strike "Within the appropriations provided in this section, the department shall" and insert "$994,000 of the general fund--state appropriation is provided to"

Representative Reams spoke in favor of the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment number 565 to Substitute House Bill No. 1410 was withdrawn.

Representative Morris moved adoption of the following amendment by Representative Morris:

On page 14, line 27, insert "(16) $70,000 of the general fund-state appropriation is provided solely for North County emergency medical services."

Representative Morris spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Conway moved adoption of the following amendment by Representative Conway:

On page 18, beginning on line 4, strike all of subsection (2)

On page 18, beginning on line 26, strike all of subsection (2)

On page 19, line 32, strike "(1)"

On page 20, beginning on line 1, strike all of subsection (2)

On page 21, after line 12, strike all material through "bid." on line 16

On page 25, beginning on line 21, after "(c)" strike all material through "services." on line 28

On page 27, beginning on line 1, strike all of subsection (d)

On page 28, beginning on line 16, strike all of subsections (e) and (f)

On page 36, beginning on line 27, strike all of subsection (4)

On page 37, after line 19, strike all material through "bid." on line 24

On page 39, beginning on line 33, strike all of subsection (14)

On page 40, line 25, strike all of subsection (d)

On page 51, beginning on line 21, strike all of subsection (3)

Renumber or reletter the subsections consecutively and correct internal references accordingly.

Representatives Conway and Ebersole spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 18, beginning on line 4, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 39, Nays - 59, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 39.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

With the consent of the House, amendment number 484 to Substitute House Bill No. 1410 was withdrawn.

Representative Ogden moved adoption of the following amendment by Representative Ogden:

On page 19, line 12, strike "1,643,000" and insert "2,342,000"

Representatives Ogden, Veloria and Mason spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 19, line 12 to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 60.

Representative Mielke moved adoption of the following amendment by Representative Mielke:

On page 20, line 32, after "in" insert "section 13 of"

Representative Mielke spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Dyer moved adoption of the following amendment by Representative Dyer:

On page 21, line 25, strike "113,279,000" and insert "113,879,000"

On page 21, after line 25, insert the following:

"The appropriation in this section is object to the following conditions and limitations: $600,000 is provided solely for the enforcement of restrictions on tobacco use by minors, under chapter 70.155 RCW."

On page 38, line 5, strike "1,412,000" and insert "394,000"

On page 38, line 6, strike "18,018,000" and insert "18,436,000"

Representatives Dyer and Appelwick spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Huff moved adoption of the following amendment by Representative Huff:

On page 23, after line 30, insert the following:

"(4) The department of social and health services is prohibited from requiring special authorization for nonmedical reasons for prescription drugs and medications for medicaid-eligible recipients."

On page 32, after line 18, insert the following:

"(10) These appropriations may not be used for any purpose related to a supplemental discount drug program or agreement created under WAC 388-91-007 and 388-91-010."

Renumber remaining sections accordingly.

Representative Huff spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Sommers moved adoption of the following amendment by Representative Sommers:

On page 23, after line 30, insert

"NEW SECTION. Sec 202. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. In addition to the appropriations already contained in Part II of this act for increases in vendor rates, the following appropriations are made: $46,797,000 general fund--state, $2,568,000 violence reduction and drug enforcement account, $696,000 health services account, and $29,713,000 of the general fund--federal. These amounts are provided solely to increase vendor rates 2.9 percent on July 1, 1995 and an additional 3.1 percent on July 1, 1996. It is the intent of the legislature that all such increases take place on the dates specified above."

Representative Sommers spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 23, after line 30, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 39, Nays - 59, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Benton, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 39.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

With the consent of the House, amendment numbers 562, 461, 462 and 564 to Substitute House Bill No. 1410 were withdrawn.

Representative Dellwo moved adoption of the following amendment by Representative Dellwo:

On page 23, line 33, strike "296,681,000" and insert "299,981,000"

On page 24, line 1, strike "550,243,000" and insert "553,543,000"

On page 24, after line 19, insert:

"(4) $3,300,000 of the general fund--state appropriation is provided solely for the continuum of car projects."

Representatives Dellwo, Ebersole and Brown spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 23, line 33, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 42, Nays - 55, Absent - 1, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Blanton, Brown, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 42.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 55.

Absent: Representative Sehlin - 1.

With the consent of the House, amendment number 563 to Substitute House Bill No. 1410 was withdrawn.

Representative Dickerson moved adoption of the following amendment by Representative Dickerson:

On page 23, line 33, strike "296,681,000" and insert "304,972,000"

On page 23, line 34, strike "253,162,000" and insert "260,429,000"

On page 23, after line 35, insert:

"Violence Reduction and Drug Enforcement Account

Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . $9,027,000"

On page 24, line 1, strike "550,243,000" and insert "574,828,000"

On page 24, beginning on line 9, delete all of subsection (2)

On page 24, after line 19, insert:

"(3) $3,300,000 of the general fund--state appropriation is provided solely for the continuum of care projects.

(4) $4,440,000 of the general fund--state appropriation and $600,000 of the general fund--federal appropriation are provided solely for employed foster parent child care.

(5) $9,027,000 of the violence reduction and drug enforcement account appropriation, $6,667,000 of the general fund--federal appropriation and $151,000 of the general fund--state appropriation are provided solely to the family policy council and community public health and safety networks."

Representatives Dickerson, Costa, Patterson, Mastin and Mason spoke in favor of the adoption of the amendment.

Representative Foreman spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Brown moved adoption of the following amendment by Representative Brown:

On page 23, line 33, strike "296,681,000" and insert "301,181,000"

On page 24, line 1, strike "550,243,000" and insert "554,743,000"

On page 24, after line 19, insert the following:

"(4) $4,500,000 of the general fund--state appropriation is provided solely to expand employment child care services for low income working families."

Representative Brown spoke in favor of the adoption of the amendment.

Representative Cooke spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 578 to Substitute House Bill No. 1410 was withdrawn.

Representative Brown moved adoption of the following amendment by Representative Brown:

On page 24, line 16, after "lapse." insert: "$100,000 of the amount provided in this subsection is provided solely for the crosswalk program (Spokane youth shelter)."

Representative Brown spoke in favor of the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment numbers 471 and 568 to Substitute House Bill No. 1410 were withdrawn.

Representative Morris moved adoption of the following amendment by Representative Morris:

On page 24, line 23, strike "40,382,000" and insert "43,926,000"

On page 24, line 24, strike "23,083,000" and insert "23,203,000"

On page 24, line 28, strike "70,848,000" and insert "74,512,000"

On page 24, line 30, strike "58,085,000" and insert "59,339,000"

On page 24, line 35, strike "94,641,000" and insert "95,895,000"

Representatives Morris and Chappell spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

Representative Hickel spoke against the adoption of the amendment.

Representative Morris again spoke in favor of the adoption of the amendment.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 24, line 23, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 41, Nays - 57, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Hymes, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Rust, Schmidt, K., Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 41.

Voting nay: Representatives Backlund, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 57.

Representative Morris moved adoption of the following amendment by Representative Morris:

On page 24, line 23, strike "40,382,000" and insert "51,923,000"

On page 24, line 24, strike "23,083,000" and insert "11,541,000"

On page 24, line 30, strike "58,085,000" and insert "67,831,000"

On page 24, line 31, strike "19,492,000" and insert "9,746,000"

Representative Morris spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 24, line 23, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 60.

With the consent of the House, amendment number 463 to Substitute House Bill No. 1410 was withdrawn.

Representative Costa moved adoption of the following amendment by Representative Costa:

On page 24, line 23, strike "40,382,000" and insert "45,526,000"

On page 24, line 24, strike "23,083,000" and insert "23,203,000"

On page 24, line 28, strike "70,848,000" and insert "76,112,000"

On page 24, line 30, strike "58,085,000" and insert "64,033,000"

On page 24, line 35, strike "94,641,000" and insert "100,589,000"

On page 24, line 37, strike "2,783,000" and insert "3,083,000"

On page 25, line 3, strike "3,360,000" and insert "3,660,000"

On page 25, after line 31, insert

"(d) $6,594,000 of the general fund--state appropriation is provided solely for intensive supervision, parole, and aftercare services for juvenile parolees."

Representatives Costa and Morris spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Conway moved adoption of the following amendment by Representative Conway:

On page 24, line 27, strike "7,097,000" and insert "12,697,000"

On page 24, line 28, strike "70,848,000" and insert "76,448,000"

On page 25, after line 31, insert the following:

"(d) $5,600,000 of the violence reduction and drug enforcement account appropriation is provided solely for the juvenile courts to: (i) Hold first time offenders accountable for their actions; (ii) include intensive supervision of first time offenders; and (iii) implement deferred adjudication under chapter 7, Laws of 1994 sp. sess."

Representative Conway spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Dickerson moved adoption of the following amendment by Representative Dickerson:

On page 24, line 30, strike "58,085,000" and insert "58,335,000"

On page 24, line 35, strike "94,641,000" and insert "94,891,000"

On page 25, after line 28, insert

"(d) $250,000 of the general fund-state appropriation is provided solely for enhancements to security and treatment programs at the Echo Glen juvenile facility."

Representative Dickerson spoke in favor of the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 449 to Substitute House Bill No. 1410 was withdrawn.

Representative Thibaudeau moved adoption of the following amendment by Representative Thibaudeau:

On page 27, line 13, strike "227,454,000" and insert "229,402,000"

On page 27, line 14, strike "157,446,000" and insert "157,651,000"

On page 27, line 16, strike "385,586,000" and insert "387,739,000"

On page 32, line 21, strike "15,253,000" and insert "15,615,000"

On page 32, line 22, strike "73,184,000" and insert

"74,520,000"

On page 32, line 24, strike "91,681,000" and insert "93,379,000"

On page 28, after line 25, insert

"(g) $1,948,000 of the general fund--state appropriation and $205,000 of the general fund--federal appropriation are provided solely for employment or community access programs for those persons who complete a high school curriculum during the 1995-97 biennium. Portions of these amounts may be used for employment programs developed through the vocational rehabilitation program. Federal appropriations for this purpose are provided in the appropriations for the vocational rehabilitation program."

On page 32, after line 37, insert

"(3) $362,000 of the general fund--state appropriation and $1,336,000 of the general fund--federal appropriation are provided solely for vocational rehabilitation services for individuals with severe disabilities who complete a high school curriculum during the 1995-97 biennium."

Representatives Thibaudeau, Jacobsen and Cole spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 27, line 13, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Benton, Brown, Brumsickle, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Huff, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Schmidt, K., Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 45.

Voting nay: Representatives Backlund, Beeksma, Blanton, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 53.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on amendment number 475 to Substitute House Bill No. 1410.

CHERYL HYMES, 40th District

With the consent of the House, amendment number 554 to Substitute House Bill No. 1410 was withdrawn.

Representative Thibaudeau moved adoption of the following amendment by Representative Thibaudeau:

On page 28, line 28 strike "768,717,000" and insert "781,696,000"

On page 28, line 29 strike "787,036,000" and insert "796,560,000"

On page 28, line 30 strike "1,555,753,000" and insert "1,578,256,000"

On page 29, after line 4 insert

"(3) $12,979,000 of the general fund--state appropriation and $9,524,000 of the general fund--federal appropriation are provided solely for a $1 per hour increase in the hourly compensation paid to providers of in-home services in the Chore, COPES, and Title XIX Personal Care programs."

Representative Thibaudeau spoke in favor of the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 448 to Substitute House Bill No. 1410 was withdrawn.

Representative Cody moved adoption of the following amendment by Representative Cody:

On page 28, line 28, strike "768,717,000" and insert "771,592,000"

On page 28, line 29, strike "787,036,000" and insert "789,911,000"

On page 28, line 30, strike "1,555,753,000" and insert "1,561,503,000"

On page 29, after line 4, insert the following: "(3) $2,875,000 of the general fund-state appropriation and $2,875,000 of the general fund-federal appropriation are provided solely for private duty nursing services for medically fragile patients eighteen years old and older as an alternative to institutionalized care."

On page 31, line 8, strike "1,399,660,000" and insert "1,406,410,000"

On page 31, line 9, strike "1,764,415,000" and insert "1,771,165,000"

On page 31, line 12, strike "3,562,891,000" and insert "3,576,391,000"

On page 32, after line 18, insert the following: "(10)$6,750,000 of the general fund-state appropriation and $6,750,000 of the general fund-federal appropriation are provided solely for private duty nursing services for medically fragile patients under eighteen years old as a alternative to institutionalized care."

Representatives Cody and Mason spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Patterson moved adoption of the following amendment by Representative Patterson:

On page 29, after line 33, insert the following:

"(d) The department shall provide monthly vouchers for recipients of aid to families with dependent children who have a baby while receiving monthly benefit payments. Monthly vouchers shall be provided to purchase diapers and related infant care necessities. Monthly vouchers may be provided to an eligible recipient until the month in which the baby becomes two and one half years of age. The monthly voucher amount shall not exceed fifty dollars. This subsection shall apply to babies born to recipients after the effective date of chapter ___, laws of 1995 (this act)."

Representative Patterson spoke in favor of the adoption of the amendment.

Representative Clements spoke against the adoption of the amendment.

Representative Brown demanded an electronic roll call vote and the demand was sustained.

POINT OF INQUIRY

Representative Patterson yielded to a question by Representative Schoesler.

Representative Schoesler: The effective date of the chapter is left blank and there's no fiscal note on this amendment like we have on many others, could you explain those to the members of the House?

Representative Patterson: Thank you, the amendment provides for a cash grant of $50 per month until the infant is two and a half years old, which is the average time when most children are out of diapers. There's no fiscal note on the amendment.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 29, after line 33, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 35, Nays - 63, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 35.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 63.

Representative Tokuda moved adoption of the following amendment by Representative Tokuda:

On page 29, line 35, strike "221,081,000" and insert "222,911,000"

On page 30, line 1, strike "423,716,000" and insert "425,546,000"

On page 30 after line 22, insert:

"(3) $1,830,000 of the general fund--state appropriation is provided solely for the refugee assistance program."

Representatives Tokuda and Veloria spoke in favor of the adoption of the amendment.

A division was called. The Speaker called on the House to divide. The results of the division was: 34-YEAS, 64-NAYS. The amendment was not adopted.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

With the consent of the House, amendment number 529 to Substitute House Bill No. 1410 was withdrawn.

Representative Thibaudeau moved adoption of the following amendment by Representative Thibaudeau:

On page 31, line 8, strike "1,399,660,000" and insert

"1,409,637,000"

On page 31, line 12, strike "3,562,891,000" and insert "3,572,868,000"

On page 32, after line 15, strike all material through "woman." on line 18

On page 112, after line 9, strike all material through "thereof." on page 115, line 2

Renumber remaining sections accordingly.

Representatives Thibaudeau, Appelwick, Sommers, Dyer, Cole, Mitchell, Brown, Cooke, and Chappell spoke in favor of the adoption of the amendment.

Representative Mastin asked Representative Padden to yield to a question and it was denied.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

Representatives Mulliken, Padden, Sherstad, Pennington and Hargrove spoke against the adoption of the amendment.

POINT OF INQUIRY

Representative Brown yielded to a question by Representative Mastin.

Representative Mastin: As I understand it the way it's written in the budget right now it would not allow for funding for low income women in the case of rape and incest. Does the underlying language allow for public funding for low income women in the referendum in cases of rape or incest?

Representative Brown: I'm not an attorney, but when I asked that question I was told that there was no provision made in case of termination of pregnancy due to rape or incest.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 31, line 8, to Substitute House Bill No. 1410 and the amendment was adopted by the following vote: Yeas - 51, Nays - 46, Absent - 1, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Blanton, Boldt, Brown, Buck, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Horn, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, K., Scott, Sheldon, Skinner, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 51.

Voting nay: Representatives Backlund, Beeksma, Benton, Brumsickle, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Crouse, Delvin, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 46.

Absent: Representative Clements - 1.

MOTION OF RECONSIDERATION

Representative Boldt: Having voted on the prevailing side of amendment number 521 to Substitute House Bill No. 1410 move to immediately reconsider the vote.

Representatives Lambert and Dyer spoke in favor of the motion to reconsider the vote on amendment 521 to Substitute House Bill No. 1410.

Representatives Appelwick, Ebersole and Pelesky spoke against the motion to reconsider the vote on amendment number 521 to Substitute House Bill No. 1410.

POINT OF ORDER

Representative Padden: Thank you Mr. Speaker. I believe just one speech on each side of a motion for reconsideration.

Mr. Speaker: Mr. Padden, according to my advisor a motion for reconsideration is open for debate.

Representative Padden: He's a very learned advisor, Mr. Speaker.

Representative Patterson demanded an electronic roll call vote on the motion to reconsider amendment number 521 to Substitute House Bill No. 1410 and the demand was sustained.

POINT OF INQUIRY

Representative Appelwick: Is it not the practice of the House that if a member votes erroneously or is unable to vote to allow them to spread upon the Journal their intentions as to how they intended to vote and make the correction known. And certainly if one person has made such a mistake I would expect the tolerance of the body to extend that continued consideration to correct the Journal on such a sensitive issue. But I do not believe we need to resort to a motion to reconsider a re-ballot on such a tender issue.

Mr. Speaker: Representative Appelwick, it certainly has been the practice of the House to allow that consideration. However, it has also been part of procedure for people to vote on a prevailing side in order to make a motion for reconsideration. I think in this case the motion has been made before us. And it's a proper motion, the maker of the motion had in fact voted on the prevailing side that the House will give him that vote on his motion.

Representative Appelwick: If I might inquire further. Should the motion for reconsideration fails and the measure be behind us would the member still have the opportunity to correct his intended vote on the record?

Mr. Speaker: When a member feels they have voted wrong they have the opportunity to enter a note into the Journal, it actually does not change their vote, it simply is a notation for future reference that they have intended a note into a Journal stating that they had voted opposite of what they wanted to vote. So it would really not change their vote as far as the recorded vote is concerned.

Representative Appelwick: But would that opportunity remain open to that person should the motion for reconsideration fail?

Mr. Speaker: That is correct, a person could put a note in the Journal stating whatever they wanted to about their vote.

Representative Pennington demand the previous question and the demand was sustained.

ROLL CALL

The Clerk called the roll on the motion to immediately reconsider the vote on amendment number 521 to Substitute House Bill No. 1410 and the motion was adopted by the following vote: Yeas - 67, Nays - 31, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 67.

Voting nay: Representatives Appelwick, Basich, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Jacobsen, Kessler, Mason, Ogden, Poulsen, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 31.

RECONSIDERATION

The Speaker stated the question before the House to immediately reconsider the vote on amendment number 521 to Substitute House Bill No. 1410.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 31, line 8, to Substitute House Bill No. 1410 on reconsideration and the amendment was not adopted by the following vote: Yeas - 49, Nays - 49, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Blanton, Brown, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Horn, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, K., Scott, Sheldon, Skinner, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 49.

Voting nay: Representatives Backlund, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 49.

MOTION

Representative Appelwick moved that Substitute House Bill No. 1410 be laid on the table.

A division was called. The Speaker called on the House to divide. The results of the division was: 38-YEAS, 60-NAYS. The motion was not adopted.

Representative B. Thomas moved adoption of the following amendment by Representative B. Thomas:

On page 31, line 8, strike "1,399,660,000" and insert "1,409,637,000"

On page 31, line 12, strike "3,562,891,000" and insert "3,572,868,000"

Representatives B. Thomas and Foreman spoke in favor of the adoption of the amendment.

Representative Thibaudeau spoke against the adoption of the amendment.

Representative Robertson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 31, line 8, to Substitute House Bill No. 1410 and the amendment was adopted by the following vote: Yeas - 52, Nays - 46, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Hankins, Hickel, Honeyford, Horn, Huff, Johnson, Koster, Kremen, Lisk, Mason, McMahan, Mielke, Padden, Pelesky, Pennington, Radcliff, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 52.

Voting nay: Representatives Appelwick, Basich, Benton, Brown, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Goldsmith, Grant, Hargrove, Hatfield, Hymes, Jacobsen, Kessler, Lambert, Mastin, McMorris, Mitchell, Morris, Mulliken, Ogden, Patterson, Poulsen, Quall, Reams, Regala, Romero, Rust, Schmidt, K., Scott, Sheldon, Sherstad, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 46.

Representative Cody moved adoption of the following amendment by Representative Cody:

On page 31, line 8, strike "1,399,660,000" and insert "1,402,195,000"

On page 31, line 9, strike "1,764,415,000" and insert "1,766,110,000"

On page 31, line 12, strike "3,562,891,000" and insert "3,567,121,000"

Representative Cody spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 31, line 8, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Basich, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Hymes, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Schmidt, K., Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 45.

Voting nay: Representatives Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 53.

With the consent of the House, amendment numbers 550 and 490 to Substitute House Bill No. 1410 were withdrawn.

Representative Appelwick moved adoption of the following amendment by Representative Appelwick:

On page 32, line 18, after "woman." insert "This subsection is contingent upon the enactment of the referendum required by section 925 of this act and shall not be effective until the measures approved by the people in the referendum become effective. If the referendum is not enacted by the people at the next succeeding general election, this subsection is null and void.

On page 115, line 2, after "thereof." insert "If the referendum required by this section is enacted by the people, sections 920 through 924 of this act shall be effective January 1, 1996."

Representative Appelwick spoke in favor of the adoption of the amendment.

Representative Padden spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Pelesky moved adoption of the following amendment by Representative Pelesky:

On page 32, beginning on line 16, strike all of subsection (9)

Representative Pelesky spoke in favor of the adoption of the amendment.

Representative Appelwick spoke against the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 32, beginning on line 16, to Substitute House Bill No. 1410 and the amendment was adopted by the following vote: Yeas - 61, Nays - 37, Absent - 0, Excused - 0.

Voting yea: Representatives Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.

Voting nay: Representatives Appelwick, Backlund, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 37.

With the consent of the House, amendment numbers 567 and 608 to Substitute House Bill No. 1410 were withdrawn.

Representative Smith moved adoption of the following amendment by Representative Smith:

On page 32, after line 18, insert the following: "(10) The department is authorized to provide chiropractic services to only those eligible recipients with acute conditions."

Representative Smith spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 32, after line 18, to Substitute House Bill No. 1410 and the amendment was adopted by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

Voting nay: Representative Rust - 1.

Representative Dyer moved adoption of the following amendment by Representative Dyer:

On page 32, after line 18, insert the following:

"(10) These appropriations may not be used for reimbursement of services performed by licensees under chapter 18.50 RCW, if those services are defined as high risk by the Washington state medical quality assurance commission."

Correct internal references accordingly.

Representative Dyer spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Romero moved adoption of the following amendment by Representative Romero:

On page 36, line 10, strike "3,918,000" and insert "3,468,000"

On page 36, line 11, strike "6,086,000" and insert "5,636,000"

On page 36, after line 30, insert the following:

"(5) $450,000 of the accident account--state appropriation and $450,000 of the medical aid account--state appropriation are provided solely to implement an on-line claims data access system that will include all employers in the retrospective rating plan program."

Representative Romero spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 36, line 10, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 37, Nays - 61, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 37.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.

Representative Romero moved adoption of the following amendment by Representative Romero:

On page 36, line 10, strike "3,918,000" and insert "3,789,000"

On page 36, line 11, strike "6,086,000" and insert "6,025,000"

On page 36, after line 30, insert the following:

"(5) $61,000 of the accident account--state appropriation and $129,000 of the medical aid account--state appropriation are provided solely to implement an integrated statewide on-line adjudication system for pharmacy providers that includes prospective drug utilization. The amount appropriated in this section shall only be expended to administer an adjudication system that is implemented by means of contracts that are competitively bid. Until this service is implemented, the fee schedule for industrial insurance pharmacy services in effect on January 1, 1995, may not be reduced."

On page 107, after line 24, insert the following:

"Sec. 912. RCW 51.04.030 and 1994 c 164 § 25 are each amended to read as follows:

(1) The director shall supervise the providing of prompt and efficient care and treatment, including care provided by physician assistants governed by the provisions of chapters 18.57A and 18.71A RCW, acting under a supervising physician, and including chiropractic care, to workers injured during the course of their employment at the least cost consistent with promptness and efficiency, without discrimination or favoritism, and with as great uniformity as the various and diverse surrounding circumstances and locations of industries will permit and to that end shall, from time to time, establish and adopt and supervise the administration of printed forms, rules, regulations, and practices for the furnishing of such care and treatment: PROVIDED, That, the department may recommend to an injured worker particular health care services and providers where specialized treatment is indicated or where cost effective payment levels or rates are obtained by the department: AND PROVIDED FURTHER, That the department may enter into contracts for goods and services including, but not limited to, durable medical equipment so long as state-wide access to quality service is maintained for injured workers.

(2)(a) Subject to (b) of this subsection, the director shall, in consultation with interested persons, establish and, in his or her discretion, periodically change as may be necessary, and make available a fee schedule of the maximum charges to be made by any physician, surgeon, chiropractor, hospital, druggist, physicians' assistants as defined in chapters 18.57A and 18.71A RCW, acting under a supervising physician or other agency or person rendering services to injured workers. The department shall coordinate with other state purchasers of health care services to establish as much consistency and uniformity in billing and coding practices as possible, taking into account the unique requirements and differences between programs. No service covered under this title shall be charged or paid at a rate or rates exceeding those specified in such fee schedule, and no contract providing for greater fees shall be valid as to the excess. The establishment of such a schedule, exclusive of conversion factors, does not constitute "agency action" as used in RCW 34.05.010(3), nor does such a fee schedule constitute a "rule" as used in RCW 34.05.010(15).

(b) The pharmacy services fee schedule established under this section and in effect on January 1, 1995, may not be reduced during the fiscal biennium ending June 30, 1997, until the department implements an integrated statewide on-line adjudication system for pharmacy providers.

(3) The director or self-insurer, as the case may be, shall make a record of the commencement of every disability and the termination thereof and, when bills are rendered for the care and treatment of injured workers, shall approve and pay those which conform to the adopted rules, regulations, established fee schedules, and practices of the director and may reject any bill or item thereof incurred in violation of the principles laid down in this section or the rules, regulations, or the established fee schedules and rules and regulations adopted under it."

Representative Romero spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 36, line 10, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 42, Nays - 56, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Brown, Carrell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Huff, Hymes, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 42.

Voting nay: Representatives Backlund, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 56.

With the consent of the House, amendment numbers 574 and 573 to Substitute House Bill No. 1410 were withdrawn.

Representative Schoesler moved adoption of the following amendment by Representative Schoesler:

On page 36, after line 30, insert the following:

"(5) (a) The appropriations in this section may not be used to implement or enforce rules that are not in compliance with the regulatory fairness act, under chapter 19.85 RCW.

(b) The appropriations in this section may not be used to implement or enforce rules that the joint administrative rules review committee finds are not within the intent of the legislature as expressed by the statute which the rule implements."

Representative Schoesler spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Brown moved adoption of the following amendment by Representative Brown:

On page 37, line 6, strike "3,278,000" and insert "3,528,000"

On page 37, line 21, after "limitations:" insert "(a)"

On page 37, after line 24, insert:

"(b) $250,000 of the general fund state appropriation is provided solely for an enhancement to the outreach and post traumatic stress disorder programs."

Representative Brown spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 37, line 6, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Brumsickle, Carrell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Jacobsen, Johnson, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Schmidt, K., Scott, Sheldon, Sommers, Talcott, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 45.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Buck, Cairnes, Campbell, Carlson, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 53.

With the consent of the House, amendment numbers 477, 480, 476 and 535 to Substitute House Bill No. 1410 were withdrawn.

The Speaker called on Representative Horn to preside.

Representative Grant moved adoption of the following amendment by Representative Grant:

On page 40, line 7, strike "531,931,000" and insert "538,504,000"

On page 40, line 33, strike all of subsection (7)

Renumber remaining subsection accordingly.

Representative Grant spoke in favor of the adoption of the amendment.

Representative Sherstad spoke against the adoption of the amendment.

Representative Ballasiotes demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 40, line 7, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 22, Nays - 76, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Chopp, Cody, Cole, Conway, Dellwo, Fisher, R., Grant, Jacobsen, Mason, Mastin, Quall, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 22.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 76.

With the consent of the House, amendment numbers 478, 479, 518 and 606 to Substitute House Bill No. 1410 were withdrawn.

Representative Lisk moved adoption of the following amendment by Representative Lisk:

On page 41, line 20, strike "10,327,000" and insert "9,577,000"

On page 41, line 21, strike "423,726,000" and insert "422,976,000"

On page 78, line 4, strike "57,597,000" and insert "58,347,000"

On page 78, line 5, strike "736,382,000" and insert "737,132,000"

On page 78, after line 25 insert: "(d) $750,000, or as much thereof as may be necessary, is provided solely for an interagency agreement with the workforce training and education coordinating board for an independently contracted net-impact study to determine the overall effectiveness and outcomes of retraining and other services provided under chapter 226, Laws of 1993, (employment and training for unemployed workers). The net-impact study shall be completed and delivered to the legislature no later than December 31, 1996.

Representative Lisk spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Kessler moved adoption of the following amendment by Representative Kessler:

On page 41, after line 33, insert: "(3) Within the amounts appropriated in this section, the department shall administer timber retraining benefits for eligible displaced workers under Substitute House Bill No. 1304 (rural natural resources areas.) If the bill is not enacted by July 1, 1995, this subsection shall be null and void."

Representatives Kessler, Sheldon and Chopp spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 41, after line 33, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 48, Nays - 50, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Ballasiotes, Basich, Beeksma, Benton, Brown, Brumsickle, Buck, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Honeyford, Hymes, Jacobsen, Johnson, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Scott, Smith, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 48.

Voting nay: Representatives Backlund, Blanton, Boldt, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Horn, Huff, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 50.

Representative Lisk moved adoption of the following amendment by Representative Lisk:

On page 41, after line 33, insert "(3) The employment and training trust account appropriation shall not be expended until a plan for such expenditure is reviewed and approved by the workforce training and education coordinating board for consistency with chapter 226, Laws of 1993 (employment and training for unemployed workers), and the comprehensive plan for workforce training provided in RCW 28C.18.060(4)."

Representative Lisk spoke in favor of the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment number 600 to Substitute House Bill No. 1410 was withdrawn.

Representative Hymes moved adoption of the following amendment by Representative Hymes:

On page 44, after line 39, insert "(11) $425,000 of the general fund state appropriation and $525,000 of the general fund federal appropriation are provided solely for the Padilla Bay national estuarine research reserve and interpretive center."

Representative Hymes spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Basich moved adoption of the following amendment by Representative Basich:

On page 47, line 26, strike "$63,063,000" and insert "$78,063,000"

On page 48, line 5 strike $192,235,000" and insert "$207,235,000"

On page 48 after line 33, insert: "(7) $15,000,000 of the general fund-state appropriation is provided solely for watershed restoration projects under chapter 43.21J RCW. Of this amount, $750,000 is provided solely for the Washington conservation corps program established under chapter 43.220 RCW."

Representatives Basich and Chopp spoke in favor of the adoption of the amendment.

Representative Basich demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 47, line 26, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 43, Nays - 54, Absent - 1, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Brumsickle, Buck, Carrell, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mastin, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 43.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Cairnes, Campbell, Carlson, Casada, Chandler, Clements, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 54.

Absent: Representative Mason - 1.

Representative Jacobsen moved adoption of the following amendment by Representative Jacobsen:

On page 48, line 35, strike "$42,967,000" and insert "$43,539,000"

On page 49, line 15, strike "$195,393,000" and insert "$195,965,000"

On page 50, after line 36, insert: "(14) $572,000 of the general fund-state appropriation is provided solely for the natural heritage program."

Representative Jacobsen spoke in favor of the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment numbers 487 and 517 to Substitute House Bill No. 1410 were withdrawn.

Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:

On page 55, line 5, strike "30,419,000" and insert "504,419,000"

On page 55, line 9, strike "70,564,000" and insert "544,564,000"

On page 57, after line 4, insert:

"(i) $474,000,000 of the general fund-state appropriation shall be distributed proportionately by the superintendent among programs defined by court rulings as basic education."

On page 115, after line 10, insert:

"NEW SECTION. Sec. 928. The general fund-state appropriations in parts I through IV and part VI shall be proportionally reduced by $474,000,000 to ensure that the general fund-state appropriation for the common schools shall be no less than fifty percent of the total general fund-state appropriation in this act.

Representative G. Fisher spoke in favor of the adoption of the amendment.

Representative Foreman spoke against the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 55, line 9, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 39, Nays - 59, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Carlson, Chappell, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Schmidt, K., Scott, Sommers, Thibaudeau, Thompson, Valle, Veloria and Wolfe - 39.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Chopp, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Tokuda, Van Luven and Mr. Speaker - 59.

Representative Kremen moved adoption of the following amendment by Representative Kremen:

On page 55, line 5, strike "30,419,000" and insert "30,431,500"

On page 55, line 9, strike "70,564,000" and insert "70,576,500"

On page 57, after line 4, insert:

"(i) $12,500 of the general fund-state appropriation is provided solely to publicize and make available to school districts a listing of the many instructional materials that encourage teenage sexual abstinence."

Representative Kremen spoke in favor of the adoption of the amendment.

A division was called. The Speaker called on the House to divide. The results of the division was: 48-YEAS, 50-NAYS. The amendment was not adopted.

With the consent of the House, amendment numbers 452, 496 and 489 to Substitute House Bill No. 1410 were withdrawn.

Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:

On page 57, line 7, strike "6,142,623,000" and insert "6,265,016,000"

On page 69, line 8, strike "8,879,000" and insert "9,055,000"

On page 71, line 23, strike "111,321,000" and insert "114,127,000"

On page 72, line 7, strike "47,311,000" and insert "48,269,000"

Representatives G. Fisher, Cole, Mason and Chopp spoke in favor of the adoption of the amendment.

Representative Schoesler spoke against the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 57, line 7, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Benton, Blanton, Brown, Brumsickle, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 45.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 53. Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:

On page 64, beginning on line 4, strike all materials through "46,142" on page 65, line 3 and insert:

PUT NUMBERS IN HERE

On page 73, line 7, strike "137,514,000" and insert "229,857,000"

Adjust all factors and percentages in sections 503 and 519 to conform with the increases in the appropriations in those sections and with new tables in these amendments.

On page 92, line 21, strike "39,891,000" and insert "68,410,000"

On page 92, line 22, strike "20,174,000" and insert "28,369,000"

On page 92, line 25, strike "38,920,000" and insert "57,253,000"

On page 92, line 26, strike "99,573,000" and insert "154,620,000"

On page 92, beginning on line 30, strike all material through page 93, line 29 and insert the following:

"(1) $68,410,000 of the general fund--state appropriation, $28,369,000 of the general fund--federal appropriation, and $57,253,000 of the salary/insurance increase revolving--state appropriation are provided solely for a 4.0 percent cost-of-living adjustment effective January 1, 1996, and an additional 3.0 percent cost-of-living adjustment effective January 1, 1997, for all classified employees (including those employees in the Washington management service) and exempt employees under the jurisdiction of the Washington personnel resources board, and commissioned officers of the Washington state patrol.

(2) No salary increase may be paid under this section to any person whose salary has been Y-rated pursuant to rules adopted by the Washington personnel resources board.

(3) A maximum of $5,111,000 of the salary/insurance increase revolving--state appropriation in this section may be expended for salary increases for ferry workers, consistent with the 1995-97 transportation appropriations act."

Representatives G. Fisher, Wolfe, Appelwick and Mason spoke in favor of the adoption of the amendment.

Representatives Honeyford, Carrell and Dyer spoke against the adoption of the amendment.

POINT OF INQUIRY

Representative Dyer yielded to a question by Representative Morris.

Representative Morris: Having waited with baited breath for many weeks for the remaining health care bills which have not yet crossed this floor, despite promises from the Chairman of the Health Care Committee that they would be before us. I was wondering if you might give us a date certain when this particular bill will afford us an opportunity to vote on it.

Representative Dyer: Well, perhaps you're confused because House Bill No. 1566 was not part of the family bill, so this a little different one. The only other stuff, it's all taken care of. All you have to do is talk to the Governor's Office, we're in negotiations, you're going to see some great stuff coming down the road. Stand by.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 64, line 4, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 42, Nays - 56, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Benton, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Schmidt, K., Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 42.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 56.

With the consent of the House, amendment number 488 to Substitute House Bill No. 1410 was withdrawn.

Representative Quall moved adoption of the following amendment by Representative Quall:

On page 69, line 20, strike "65,609,000" and insert "105,628,000"

On page 69, line 22, strike "78,109,000 and insert "118,128,000"

On page 69, line 25, strike "20,175,000" and insert "39,960,000"

On page 69, line 30, strike "444" and insert "800"

On page 69, line 34, strike "19,735,000" and insert "39,969,000"

On page 70, line 3, strike "444" and insert "800"

Representative Quall spoke in favor of the adoption of the amendment.

Representatives Smith and Pelesky spoke against the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 69, line 20, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 42, Nays - 56, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Brumsickle, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 42.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 56.

With the consent of the House, amendment numbers 494, 495, 498, 530 and 505 to Substitute House Bill No. 1410 were withdrawn.

The Speaker assumed the chair.

Representative Jacobsen moved adoption of the following amendment by Representative Jacobsen:

On page 76, beginning on line 29, after "(3)" strike all material through "1996." on line 6, page 77 and insert the following:

"Each institution of higher education shall provide to each classified staff employee as defined by the office of financial management a salary increase of 4.0 percent on January 1, 1996 and a salary increase of 3.0 percent on January 1, 1997.

(4) Each institution of higher education shall provide to instruction and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants as classified by the office of financial management and all other non-classified staff an average salary increase of 4.0 percent on January 1, 1996 and an average salary increase of 3.0 percent on January 1, 1997."

On page 78, line 1, strike "$667,381,000" and insert "$670,519,000"

On page 78, line 5, strike "$736,382,000" and insert "$739,520,000"

On page 78, line 37, strike "$15,462,000" and insert "$15,822,000"

On page 79, beginning on line 1 after "1997.", strike lines 1 through 18 and insert the following:

"(b) $11,870,000 of the general fund appropriation is provided for salary increases for all staff not covered by subsection (7)(a) of this section in accordance with section 601 (3) and (4)of this act."

On page 79, line 20, strike "$496,582,000" and insert "$507,998,000"

On page 79, line 26, strike "$509,502,000" and insert "$520,918,000"

On page 79, line 29, strike "$8,667,000" and insert "$8,825,000"

On page 79, line 34, strike "$8,629,000" and insert "$8,776,000"

On page 80, line 26, strike "$294,975,000" and insert "$299,689,000"

On page 80, line 29, strike "$295,008,000" and insert $299,722,000"

On page 81, line 27, strike "$70,353,000" and insert "$71,819,000"

On page 82, line 4, strike "$63,837,000" and insert "65,102,000"

On page 82, line 7, strike "$63,847,000" and insert "$65,112,000"

On page 82, line 21, strike "29,893,000" and insert "$30,600,000"

On page 83, line 2, strike "79,818,000" and insert "$81,526,000"

Representatives Jacobsen and Ebersole spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 76, beginning on line 29, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 37, Nays - 61, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 37.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.

With the consent of the House, amendment numbers 501 and 500 to Substitute House Bill No. 1410 were withdrawn.

Representative Sommers moved adoption of the following amendment by Representative Sommers:

On page 77, line 17, strike "29,846" and insert "29,876"

On page 77, line 17, strike "29,866" and insert "29,926"

On page 77, line 18, strike "571" and insert "622"

On page 77, line 18, strike "617" and insert "719"

On page 77, line 19, strike "586" and insert "638"

On page 77, line 19, strike "662" and insert "766"

On page 77, line 20, strike "513" and insert "560"

On page 77, line 20, strike "577" and insert "671"

On page 77, line 28, strike "3,258" and insert "3,308"

On page 77, line 28, strike "3,258" and insert "3,358"

On page 79, line 20, strike "$496,582,000" and insert "$499,245,000"

On page 79, line 26, strike "$509,502,000" and insert "$512,165,000"

On page 79, line 29, strike "8,667,000" and insert "$9,444,000"

On page 79, line 34, strike "8,629,000" and insert "9,318,000"

On page 82, line 21, strike "29,893,000" and insert "30,106,000"

Representatives Sommers, Ebersole and Basich spoke in favor of the adoption of the amendment.

Representative Carlson spoke against the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 77, line 17, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 35, Nays - 63, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Mason, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 35.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 63.

Representative Dellwo moved adoption of the following amendment by Representative Dellwo:

On page 78, line 1, strike "$667,381,000" and insert "$671,804,000"

On page 78, line 5, strike "$736,382,000" and insert "$740,805,000"

On page 79, line 20, strike "$496, 582,000" and insert "$499,635,000"

On page 79, line 26, strike "$509,502,000" and insert "$512,555,000"

On page 80, line 26, strike "$294,975,000" and insert "$296,780,000"

On page 80, line 29, strike "$295,008,000" and insert "$296,813,000"

On page 81, line 27, strike "$70,353,000" and insert "$70,866,000"

On page 82, line 4, strike "$63,837,000" and insert "$64,289,000"

On page 82, line 7, strike "$63,847,000" and insert "$64,299,000"

On page 82, line 21, strike "$29,893,000" and insert "$30,176,000"

On page 83, line 2, strike "$79,818,000" and insert "$80,372,000"

On page 89, beginning on line 32, strike all material through "follows:" on page 90, line 5 and insert the following:

"General Fund--State Appropriation. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . $9,724,000

General Fund--Federal Appropriation. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . $3,607,000

General Fund--Private/Local Appropriation. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . $580,000

General Fund--Salary/ Insurance Increase Revolving--State Appropriation. . . . . . . . . . . . . $8,055,000

TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . $21,386,000

On page 90, line 7, strike "$292.89" and insert "$308.89"

On page 90, line 8, strike "$292.25" and insert "324.25"

On page 90, beginning on line 14, after "1996." strike all material through line 21.

On page 90, beginning on line 29, strike "below $32 per employee per month"

Representative Dellwo spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Dellwo moved adoption of the following amendment by Representative Dellwo:

On page 78, line 1, strike "$667,381,000" and insert "$668,396,000"

On page 78, line 5, strike "$736,382,000" and insert "$737,397,000"

On page 79, line 20, strike "$496,582,000" and insert "$498,362,000"

On page 79, line 26, strike "$509,502,000" and insert $511,282,000"

On page 79, line 29, strike "$8,667,000" and insert "$8,770,000"

On page 79, line 34, strike "$8,629,000" and insert "$8,709,000"

On page 80, line 26, strike "$294,975,000" and insert "$295,464,000"

On page 80, line 29, strike "$295,008,000" and insert "$295,497,000"

On page 81, line 27, strike "$70,353,000" and insert "$70,447,000"

On page 82, line 4, strike "$63,837,000" and insert "$63,985,000"

On page 82, line 7, strike "$63,847,000" and insert "$63,995,000"

On page 82, line 21, strike "29,893,000" and insert "$29,975,000"

On page 83, line 2, strike "79,818,000" and insert "$80,046,000"

On page 90, line 2, strike "$5,876,000" and insert "$3,624,000"

On page 91, beginning on line 11, after "(2)" strike all material through "(3)" on line 18

Representative Dellwo spoke in favor of the adoption of the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 78, line 1, to Substitute House Bill No. 1410 and the amendment was not adopted by the following vote: Yeas - 40, Nays - 58, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Brumsickle, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Mason, Mastin, Mitchell, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 40.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 58.

With the consent of the House, amendment number 531 to Substitute House Bill No. 1410 was withdrawn.

Representative Lisk moved adoption of the following amendment by Representative Lisk:

On page 78, line 18, strike "allocate the enrollments." and insert "submit to the workforce training and education coordinating board for review and approval a plan for the allocation of the full-time equivalents provided in this subsection."

On page 78, line 25, after "exhausted." insert "The state board for community and technical colleges shall submit to the workforce training and education coordinating board for review and approval a plan for eligibility and disbursement criteria to be used in determining the award of moneys provided in this subsection."

Representative Lisk spoke in favor of the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment number 460 to Substitute House Bill No. 1410 was withdrawn.

Representative Wolfe moved adoption of the following amendment by Representative Wolfe:

On page 82, line 21, strike "$29,893,000" and insert "$30,135,000"

On page 82, after line 35, insert "(5) $242,000 of the general fund appropriation is provided for instructional enhancements."

Representative Wolfe spoke in favor of the adoption of the amendment.

The amendment was not adopted.

Representative Basich moved adoption of the following amendment by Representative Basich:

On page 84, line 5, strike "$131,209,000" and insert "$143,422,000"

On page 84, line 8, strike "$134,834,000" and insert "$147,047,000"

On page 84, line 15, strike "$128,919,000" and insert "$141,132,000"

On page 84, line 18, strike "$98,839,000" and insert "$111,052,000"

Representatives Basich and Quall spoke in favor of the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment numbers 604, 551 and 502 to Substitute House Bill No. 1410 were withdrawn.

Representative Dellwo moved adoption of the following amendment by Representative Dellwo:

On page 107, after line 5, insert:

"Sec. 911. RCW 67.16.105 and 1994 c 159 § 2 are each amended to read as follows:

(1) Licensees of race meets that are nonprofit in nature, are of ten days or less, and have an average daily handle of one hundred twenty thousand dollars or less shall withhold and pay to the commission daily for each authorized day of racing one-half percent of the daily gross receipts from all parimutuel machines at each race meet.

(2) Licensees of race meets that do not fall under subsection (1) of this section shall withhold and pay to the commission daily for each authorized day of racing the following applicable percentage of all daily gross receipts from all parimutuel machines at each race meet:

(a) If the daily gross receipts of all parimutuel machines are more than two hundred fifty thousand dollars, the licensee shall withhold and pay to the commission daily two and one-half percent of the daily gross receipts unless exempt by subsection (7) of this section; and

(b) If the daily gross receipts of all parimutuel machines are two hundred fifty thousand dollars or less, the licensee shall withhold and pay to the commission daily one percent of the daily gross receipts unless exempt by subsection (7) of this section.

(3) In addition to those amounts in subsections (1) and (2) of this section, all licensees shall forward one-tenth of one percent of the daily gross receipts of all parimutuel machines to the commission daily for payment to those nonprofit race meets as set forth in RCW 67.16.130 and subsection (1) of this section, but said percentage shall not be charged against the licensees. The total of such payments shall not exceed one hundred fifty thousand dollars in any one year and any amount in excess of one hundred fifty thousand dollars shall be remitted to the general fund. Payments to nonprofit race meets under this subsection shall be distributed on a pro rata per-race-day basis and used only for purses at race tracks that have been operating under RCW 67.16.130 and subsection (1) of this section for the five consecutive years immediately preceding the year of payment.

(4) In addition to those sums paid to the commission in subsection (2) of this section, licensees who are nonprofit corporations and have race meets of thirty days or more shall retain and dedicate: (a) An amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet to be used solely for the purpose of increasing purses; and (b) an amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet to be deposited in an escrow or trust account and used solely for construction of a new thoroughbred race track facility in western Washington. Said percentages shall come from that amount the licensee is authorized to retain under RCW 67.16.170(2). The commission shall adopt such rules as may be necessary to enforce this subsection. The provisions of this subsection shall apply through June 1, 1995.

(5) In the event the new race track is not constructed before January 1, 2001, all funds including interest, remaining in the escrow or trust account established in subsection (4) of this section, shall revert to the state general fund.

(6) Effective June 1, 1995, licensees who are nonprofit corporations and have race meets of thirty days or more shall withhold and pay to the commission daily for each authorized day of racing an amount equal to two and one-half percent of the daily gross receipts of all parimutuel machines at each race meet. These percentages shall come from the amount that the licensee is authorized to retain under RCW 67.16.170(2) and shall be in addition to those sums paid to the commission in subsection (2) of this section. The commission shall deposit these moneys in the Washington thoroughbred racing fund created in RCW 67.16.250.

(7) Licensees of race meets with between forty-five and fifty-five race days during the 1995 season are not subject to subsection (2)(a) or subsection (2)(b) of this section during the 1995-97 biennium."

Renumber the remaining subsections consecutively and correct internal references accordingly.

Representatives Dellwo, Padden and Schoesler spoke in favor of the adoption of the amendment.

Representative Lisk spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Buck moved adoption of the following amendment by Representative Buck:

On page 110 after line 13 insert:

"NEW SECTION. Sec. 915. No funding appropriated in this act shall be expended to establish or publish rules which exceed federal requirements for providing habitat protection for northern spotted owls."

Representative Buck spoke in favor of the adoption of the amendment.

Representative Jacobsen spoke against the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment numbers 493 and 504 to Substitute House Bill No. 1410 were withdrawn.

Representative Romero moved adoption of the following amendment by Representative Romero:

On page 112, after line 9, insert the following:

"NEW SECTION. Sec. 920. Washington state government has the vision to be the most effective and best performing service organization in the state. The state of Washington also expects to be the most effective and best performing state government in the United States, measured in terms of quality of customer service, accountability for cost-effective services, and productivity. With the passage of Initiative 601 there are additional constraints on the growth of state government. The system that allows the spending of public money should reward frugality and innovation, not encourage wasteful spending. It is the intent of the legislature to provide incentives to agencies to spend public funds in the most efficient and effective manner possible. Agencies are encouraged to identify savings and entrepreneurial opportunities, then use a portion of the resulting savings and earnings to improve the quality of service to the customers of state government.

NEW SECTION. Sec. 921. (1) The efficiency fund is created in the custody of the state treasurer for the 1995-97 biennium. An account within the fund shall be established for each state agency.

(2) The source of revenue for the fund is as follows: At the close of each fiscal year in the 1995-97 biennium, the state treasurer is to transfer into each agency's account in the efficiency fund sixty-six percent of each agency's administrative savings.

(a) The administrative savings shall be approved by the director of the office of financial management; and

(b) The funds may be transferred to the efficiency fund when there are no restrictions on the funds that would prohibit (i) their transfer or (ii) their use for the purposes allowed in subsection (3) of this section.

(3)(a) For the purposes of this section, "administrative savings" means unspent appropriations resulting from cost effectiveness measures or productivity gains such as:

(i) Improved systems and procedures;

(ii) Better deployment and utilization of personnel;

(iii) Elimination of unnecessary expenditures;

(iv) Reductions in the cost of goods and services; or

(v) Elimination of waste, duplication, and operations of doubtful value.

(b) Administrative savings may not result from:

(i) Lower workloads, caseloads, or enrollments than were budgeted;

(ii) A lowering of the quality of services rendered; or

(iii) Shifting of expenses to another unit of government, revenue source, or fiscal period.

Administrative savings cannot exceed the amount of reversions due to efficiency measures.

(4) The amount in a particular agency's account may be authorized for expenditure only by that agency.

(5) Funds may be expended from the efficiency fund to improve the quality of services to the customers of the state. This includes one-time expenditures for employee training, technology improvements, new work processes, program innovations, equipment upgrades, office remodels, performance measurement and benchmarking, or employee bonuses. The expenditure shall not be used to expand a current program or create new programs that would have ongoing costs that would require future appropriations from the legislature.

(6) The fund is not subject to allotment under this chapter and no appropriation is required for expenditures from the efficiency fund.

NEW SECTION. Sec. 922. (1) The enterprise fund is created for the 1995-97 biennium in the custody of the state treasurer. An account within the fund shall be established for each state agency. Revenue for the fund shall come from money each agency earns for services provided. This includes user fees, proceeds from the sale of publications, products, or services, royalties, concessions, rent, and other various services provided. Money not directed by law to another account shall be deposited into the enterprise fund.

(2) Funds may be validly expended from the enterprise fund during the 1995-97 biennium for those purposes that are consistent with the agency's priorities established in the budget process, and within either the agency's charter, or statutory intent, or both.

(3) The amount of money in a particular agency's account may be authorized for expenditure only by that agency.

(4) The fund is not subject to allotment under this chapter, and no appropriation is required for expenditures.

Renumber remaining sections consecutively and correct internal references and title accordingly.

Representative Romero spoke in favor of the adoption of the amendment.

Representative Dyer spoke against the adoption of the amendment.

The amendment was not adopted.

The bill was ordered engrossed.

POINT OF INQUIRY

Representative Ebersole: Thank you Mr. Speaker. It is 3:10 A.M., having stood where you stand, I know that there is no logistical way that a small minority can stop the roll of this budget if we would move to not get the bump, you could go to Rules Committee and call a new day to a Parliamentary maneuver, but I want to register my protest for having heard repeatedly about not doing major bills in the middle of the night, and we're at 3:10 A.M. and everyone here is so rummy we can't even think straight to make a coherent speech and we're going to be debating the most important bill of the session, and I'm not sure if it's the dead of the night or early of the morning. I'm not sure if it's daylight out there or not, but I would ask that you consider bringing this back at 8:30 A.M. Monday morning. We'd have an hour of civilized debate on final passage of this measure, if you choose to proceed I know that there is no way we can stop you and we will go ahead with the bump instead of having the extraordinary procedure of the Rules Committee to bring it back out. We don't want to detain this measure but I do think after all the talk about process you might have gotten even here but you haven't gotten any better about the process. And I will leave it to your judgment, we can't resist the bump, but we will register our protest.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Silver, Foreman and Mielke spoke in favor of passage of the bill.

Representatives Sommers, Kremen, Chopp, Patterson, Ebersole, Rust, Chappell, Sheldon, Brown, Valle, Kessler, Regala and Appelwick spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1410.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1410, and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hankins, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 39.

Engrossed Substitute House Bill No. 1410, having received the constitutional majority, was declared passed.

There being no objection, the House advanced to the eleventh order of business.

MOTION

On motion of Representative Foreman, the House adjourned until 1:30 p.m., Monday, March 17, 1995.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk