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EIGHTY-FIRST DAY

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MORNING SESSION

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House Chamber, Olympia, Thursday, March 30, 1995

The House was called to order at 9:55 a.m. by the Speaker (Representative Horn presiding).

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 fifth order of business.

REPORTS OF STANDING COMMITTEES

March 29, 1995

ESB 5243 Prime Sponsor, Oke: Revising provision authorizing a special permit for miniature boilers. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Romero, Ranking Minority Member; Conway, Assistant Ranking Minority Member; Cairnes; Cody; Cole; Fuhrman and Goldsmith.

Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Fuhrman, Goldsmith, Hargrove, Lisk, Romero and Thompson.

Excused: Representative Horn.

Passed to Committee on Rules for second reading.

March 28, 1995

SB 5355 Prime Sponsor, Drew: Providing for payment of claims for damages caused by deer or elk. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Basich, Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Romero; Sheldon; Stevens; B. Thomas and Thompson.

MINORITY recommendation: Do not pass. Signed by Representatives Pennington, Vice Chairman; Regala, Assistant Ranking Minority Member; and Jacobsen.

Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, Fuhrman, G. Fisher, Romero, Sheldon, Stevens, B. Thomas and Thompson.

Voting Nay: Representatives Jacobsen, Pennington and Regala.

Passed to Committee on Rules for second reading.

March 29, 1995

ESB 5397 Prime Sponsor, Franklin: Revising provisions regulating asbestos certification. Reported by Committee on Commerce & Labor

Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Fuhrman, Goldsmith, Hargrove, Lisk, Romero and Thompson.

Excused: Representative Horn.

Referred to Committee on Appropriations.

March 29, 1995

SB 5771 Prime Sponsor, Pelz: Establishing unemployment insurance liability for third party employers. Reported by Committee on Commerce & Labor

Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Fuhrman, Goldsmith, Hargrove, Lisk, Romero and Thompson.

Excused: Representative Horn.

Passed to Committee on Rules for second reading.

March 29, 1995

SSB 5773 Prime Sponsor, Committee on Labor, Commerce & Trade: Revising provision relating to charges against industrial insurance awards. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass with the following amendment:

On page 3, beginning on line 1, strike all of section 2 and insert the following:

"Sec. 2. RCW 50.20.085 and 1991 c 117 s 2 are each amended to read as follows:

(1) An individual is disqualified from benefits with respect to any day or days for which he or she is receiving, has received, or will receive compensation under RCW 51.32.060 or 51.32.090.

(2)(a) By accepting benefits under this title, the individual shall be deemed to have subrogated the employment security department to the individual's right to recover temporary total disability compensation or permanent total disability compensation, or both, due the individual under Title 51 RCW to the extent of such unemployment benefits or compensation under Title 51 RCW, whichever is less, furnished to the recipient for the period for which compensation under Title 51 RCW is payable.

(b)(i) The employment security department may assert and enforce a lien and notice to withhold and deliver as provided in this section to secure reimbursement of any benefits paid for or during the period and for the purposes expressed in this section.

(ii) The effective date of the lien and notice to withhold and deliver shall be the day that it is received by the director of the department of labor and industries or an employee of the director's office of suitable discretion, or by a self-insurer as defined in chapter 51.08 RCW, whichever is applicable. Service of the lien and notice to withhold and deliver may be made personally, by regular mail postage prepaid, or by electronic transmission. A copy of the lien and notice to withhold and deliver shall be mailed to the individual at his or her last known address by certified mail, return receipt requested, no later than the next business day after the lien and notice to withhold and deliver has been mailed or delivered to the department of labor and industries or to a self-insurer."

Signed by Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Romero, Ranking Minority Member; Conway, Assistant Ranking Minority Member; Cairnes; Cody; Cole; Fuhrman and Goldsmith.

Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Fuhrman, Goldsmith, Hargrove, Lisk, Romero and Thompson.

Excused: Representative Horn.

Passed to Committee on Rules for second reading.

March 28, 1995

SB 5806 Prime Sponsor, Johnson: Allowing the superintendent of public instruction to delay the time at which school district budgets are made public if the state's operating budget is not finally approved before June 1st. Reported by Committee on Education

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

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

Excused: Representative Quall.

Passed to Committee on Rules for second reading.

March 28, 1995

SB 5830 Prime Sponsor, McAuliffe: Changing provisions for students transferring between private and public schools. Reported by Committee on Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.195.010 and 1993 c 336 s 1101 are each amended to read as follows:

The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. Minimum requirements shall be as follows:

(1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220.

(2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.

(3) All classroom teachers shall hold appropriate Washington state certification except as follows:

(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:

(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;

(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

(d) Each student's progress be evaluated by the certified person; and

(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. However, the state board shall not require private school students to meet the student learning goals, obtain a certificate of mastery to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.630.885. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take these assessments, and obtain certificates of mastery. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

(8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district. Policies shall include but not be limited to, requiring the transmission of information by telephone, facsimile, or other means regarding a student's academic performance, special placement, and disciplinary history within two school days after receiving a request when the student transfers from the school. The school shall subsequently send the records as soon as any obligations between the student and the school have been met.

All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) above provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

Sec. 2. RCW 28A.225.330 and 1994 c 304 s 2 are each amended to read as follows:

(1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

(a) Any history of placement in special educational programs;

(b) Any past, current, or pending disciplinary action;

(d) Any unpaid fines or fees imposed by other schools; and

(e) Any health conditions affecting the student's educational needs.

(2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record including records of disciplinary action. If the student has not paid a fine or fee under RCW 28A.635.060, the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, and records of disciplinary action. If the official transcript is not sent due to unpaid fees or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.

(3) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible.

(4) If a student transfers from a public school to a private school that has been approved by the state board of education, the private school enrolling the student may request the public school the student previously attended to send the student's permanent record including records of disciplinary action. If the student has not paid a fine or fee under RCW 28A.635.060, the public school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, and disciplinary history. The public school shall transmit the information by telephone, facsimile, or other means within two school days after receiving the request and shall send the records as soon as possible."

On page 1, line 2 of the title, after "schools;" strike the remainder of the title and insert "and amending RCW 28A.195.010 and 28A.225.330."

Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Poulsen, Assistant Ranking Minority Member; Clements; Dickerson; G. Fisher; Fuhrman; Hatfield; Quall; Radcliff; Talcott; B. Thomas and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives McMahan; Pelesky and Thompson.

Voting Yea: Representatives Brumsickle, Cole, Clements, Dickerson, Elliot, G. Fisher, Fuhrman, Hatfield, Johnson, Poulsen, Radcliff, Talcott, B. Thomas and Veloria.

Voting Nay: Representatives McMahan, Pelesky, Smith and Thompson.

Excused: Representative Quall.

Passed to Committee on Rules for second reading.

March 29, 1995

ESSB 5868 Prime Sponsor, Committee on Financial Institutions & Housing: Providing mobile home relocation assistance. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Van Luven, Chairman; Radcliff, Vice Chairman; Sheldon, Ranking Minority Member; Veloria, Assistant Ranking Minority Member; Backlund; Ballasiotes; Hatfield; Sherstad and Valle.

Voting Yea: Representatives Ballasiotes, Hatfield, Radcliff, Sheldon, Sherstad, Valle, Veloria and Van Luven.

Excused: Representatives Backlund, Hickel, Mason, D. Schmidt and Skinner.

Passed to Committee on Rules for second reading.

March 28, 1995

SB 6011 Prime Sponsor, McAuliffe: Changing provisions relating to the purchase of liability insurance by school districts. Reported by Committee on Education

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

Passed to Committee on Rules for second reading.

March 28, 1995

ESB 6045 Prime Sponsor, Bauer: Allowing retired administrators to serve as replacement administrators without a reduction of pension benefits. Reported by Committee on Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 41.32.570 and 1994 c 69 s 2 are each amended to read as follows:

(1) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state shall cease to receive pension payments while engaged in such service: PROVIDED, That service may be rendered up to seventy-five days per school year without reduction of pension.

(2) In addition to the seventy-five days of service permitted under subsection (1) of this section, a retired teacher or retired administrator may also serve only as a substitute teacher for up to an additional fifteen days per school year without reduction of pension if:

(a) A school district, which is not a member of a multidistrict substitute cooperative, determines that it has exhausted or can reasonably anticipate that it will exhaust its list of qualified and available substitutes and the school board of the district adopts a resolution to make its substitute teachers who are retired teachers or retired administrators eligible for the additional fifteen days of extended service once the list of qualified and available substitutes has been exhausted. The resolution by the school district shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection; or

(b) A multidistrict substitute cooperative determines that the school districts have exhausted or can reasonably anticipate that they will exhaust their list of qualified and available substitutes and each of the school boards adopts a resolution to make their substitute teachers or retired administrators who are retired teachers eligible for the extended service once the list of qualified and available substitutes has been exhausted. The resolutions by each of the school districts shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolutions shall be valid only for the school year in which they are adopted. The cooperative shall forward a copy of the resolutions with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection.

(3) In addition to the seventy-five days of service permitted under subsection (1) of this section, a retired administrator may also serve as a substitute administrator up to an additional fifteen days per school year without reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired administrator or retired teacher are necessary because it cannot find a replacement administrator to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired administrator or retired teacher who has been employed as a substitute administrator to the department. However, a retired administrator may not serve more than a total of fifteen additional days per school year pursuant to subsections (2) and (3) of this section.

(4) Subsection (1) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall apply only to benefits payable after June 11, 1986.

(((4))) (5) Subsection (2) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall only apply to benefits payable after September 1, 1994.

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 "administrators;" strike the remainder of the title and insert "amending RCW 41.32.570; and declaring an emergency."

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

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

Voting Yea: Representatives Brumsickle, Cole, Clements, Dickerson, Elliot, G. Fisher, Hatfield, Johnson, McMahan, Pelesky, Poulsen, Quall, Radcliff, Talcott, B. Thomas, Thompson and Veloria.

Voting Nay: Representatives Fuhrman and Smith.

Passed to Committee on Rules for second reading.

There being no objection, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.

SPEAKER'S PRIVILEGE

The Speaker (Representative Horn presiding) appointed Representative Lisk to the Rules Committee.

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

MOTION

There being no objection, the House adjourned until 1:30 p.m., Friday, March 31, 1995.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk