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EIGHTY-SEVENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, April 5, 1995
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Cantu, Drew, Finkbeiner, Franklin, Long, McDonald, Moyer, Owen and Pelz. On motion of Senator Loveland, Senators Cal Anderson, Drew and Pelz were excused. On motion of Senator Ann Anderson, Senators Cantu, Finkbeiner, Long, McDonald and Moyer were excused.
The Sergeant at Arms Color Guard, consisting of Pages Glenda Bailey and Chad Hoffman, presented the Colors. Reverend Sandra Lee, pastor of the Olympia Unitarian Universalist Church, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Hale, Gubernatorial Appointment No. 9031, Emmitt Jackson, as a member of the Board of Trustees for Columbia Basin Community College District No. 19, was confirmed.
APPOINTMENT OF EMMITT JACKSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 2; Excused, 8.
Voting yea: Senators Anderson, A., Bauer, Deccio, Fairley, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 39.
Absent: Senators Franklin and Owen - 2.
Excused: Senators Anderson, C., Cantu, Drew, Finkbeiner, Long, McDonald, Moyer and Pelz - 8.
STATEMENT FOR THE JOURNAL
RE: House Bill No. 1457, House Bill No. 1360, Substitute House Bill No. 1062, House Bill No. 1525 and Engrossed Substitute House Bill No. 1527, as amended by the Senate.
I was absent for the vote on final passage on these measures, which I support, because I had not moved my clock forward to daylight savings time at my session residence and was continuing to operate on standard time.
SENATOR ROSA FRANKLIN, 29th District
SECOND READING
HOUSE BILL NO. 1457, by Representatives Veloria, Tokuda, Brumsickle, Regala, Conway and Huff (by request of Commission on Asian American Affairs)
Renaming the commission on Asian Pacific American affairs.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 1457 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Loveland, Senator Franklin was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1457.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1457 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Deccio, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.
Excused: Senators Anderson, C., Cantu, Drew, Franklin, McDonald and Moyer - 6.
HOUSE BILL NO. 1457, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1360, by Representatives Dyer, Dellwo, Backlund and Cody.
Addressing discriminatory practices against osteopathic physicians and surgeons.
The bill was read the second time.
MOTION
On motion of Senator Quigley, the rules were suspended, House Bill No. 1360 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1360.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1360 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Franklin, McDonald and Moyer - 5.
HOUSE BILL NO. 1360, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1062, by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Koster, Cooke, Costa, Schoesler, Morris, Boldt, Benton, Foreman, Sheldon, Kremen, Mastin, Lisk, Chandler and Carlson)
Using juvenile serious violent offenses as criminal history for adult sentencing.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1062 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1062.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1062 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Franklin, McDonald and Moyer - 5.
SUBSTITUTE HOUSE BILL NO. 1062, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1525, by Representatives L. Thomas, Beeksma, Benton, Smith and McMahan
Lowering the number of items provided by banks for customers' examination of negotiable instruments.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1525 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1525.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1525 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 8; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Loveland, McAuliffe, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wood - 36.
Voting nay: Senators Fairley, Heavey, Kohl, Long, McCaslin, Pelz, Swecker and Wojahn - 8.
Excused: Senators Anderson, C., Cantu, Franklin, McDonald and Moyer - 5.
HOUSE BILL NO. 1525, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1527, by House Committee on Appropriations (originally sponsored by Representatives Benton, Clements, Koster, Dellwo, Campbell, Boldt, Kessler, Wolfe, Mielke, Thompson, Delvin, Carlson, Pelesky, D. Schmidt, Chopp, Van Luven, R. Fisher, Hickel, Sehlin, Costa, Ballasiotes, Pennington, Radcliff, Carrell, Hatfield, Romero, B. Thomas, Beeksma, Cody, Cooke, Dickerson, Conway, Jacobsen, Basich, Hargrove, L. Thomas, Chandler, Kremen, Robertson, Johnson, K. Schmidt, Smith, Dyer, Elliot, Blanton, Goldsmith, Mulliken, Schoesler and Brumsickle)
Recognizing veterans of World War II.
The bill was read the second time.
MOTIONS
On motion of Senator Sheldon, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to remember the thousands of men and women from Washington state who served in World War II. This year, nineteen hundred and ninety-five, marks the fiftieth anniversary of the end of World War II and yet there is no monument on the state capitol campus to specifically recognize the dedication of the men and women of this state who served or were wounded, killed, or missing in action during World War II. These brave people should be recognized for their dedication to freedom and bravery that brought a victorious end to the war. The legislature pledges strong support for a war memorial on the state capitol campus to honor all those who served in the armed forces during World War II.
NEW SECTION. Sec. 2. (1) The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the state general fund to the department of veterans affairs for the purpose of erecting a monument on the state capitol campus to honor and thank all who served during World War II.
(2) Prior to expending the appropriation the department of veterans affairs shall convene an advisory committee to make recommendations to the department on the type, size, and cost of the memorial and recommend a site on the capitol campus, subject to approval of the state capitol committee, for the memorial. The advisory committee shall consist of eleven members: Two from the house of representatives, one from each caucus; two from the senate, one from each caucus; one member appointed by the governor; and six public members representing veterans or veteran organizations. Members of the advisory committee shall not be compensated or reimbursed for any expenses incurred by attending advisory committee meetings."
On motion of Senator Sheldon, the following title amendment was adopted:
On page 1, line 1 of the title, after "veterans;" strike the remainder of the title and insert "creating a new section; and making an appropriation."
MOTION
On motion of Senator Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 1527, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator McCaslin: "Senator Sheldon, I am curious about why it says, 'Members of the advisory Committee shall not be compensated or reimbursed for any expenses.' That would pretty well leave any Eastern Washington legislators off this committee, I assume. Senator Prentice agrees with me."
Senator Sheldon: "Well, I certainly am sure they didn't want to slight any Eastern Washington legislators. I would assume, Senator, that this is following the lines of the earlier memorial for the Korean conflict and the Asian conflict--that they used the same guidelines--but I am sure they would be happy to consider you."
Senator McCaslin: "Oh, no, no, I am not interested, believe me, even if they compensated me. I served my time in World War II, along with Senator Oke, and I really do not want to serve any more time going over the war stories that most of us pass along. Anyway, I just wanted to bring that up. You've excluded Eastern Washington veterans from coming and serving on that committee, because we really can't afford to fly over here, especially when we have to give up our free mileage, you know."
Senator Sheldon: "Thank you for mentioning it. You know, possibly, they could meet either at the mountains or the pass or maybe in Eastern Washington and maybe take turns meeting back and forth."
Senator McCaslin: "If they could meet on South Sullivan, I would even be happier. Thank you."
Senator Sheldon: "You are welcome."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1527, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1527, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Franklin, McDonald and Moyer - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1527, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 9:35 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 2:05 p.m. by President Pritchard.
There being no objection, the President reverted the Senate to the first order of business.
REPORT OF STANDING COMMITTEE
April 4, 1995
2SHB 1524 House Committee on Appropriations: Changing weights and measures regulations. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair, Loveland, Vice-Chair; Bauer, Drew, Fraser, Gaspard, Hargrove, Quigley, Sheldon, Snyder, Spanel, Sutherland and Wojahn.
MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter, McDonald and West.
Passed to Committee on Rules for second reading.
There being no objection, the President advanced the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
April 4, 1995
MR. PRESIDENT:
The House has passed Engrossed Substitute Senate Bill No. 5156, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 4, 1995
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5022,
SENATE BILL NO. 5027,
SUBSTITUTE SENATE BILL NO. 5129,
SUBSTITUTE SENATE BILL NO. 5279,
SENATE BILL NO. 5630,
SUBSTITUTE SENATE BILL NO. 5660,
SUBSTITUTE SENATE BILL NO. 5997, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 4, 1995
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5042,
SENATE BILL NO. 5046,
SENATE BILL NO. 5052,
SUBSTITUTE SENATE BILL NO. 5067,
SENATE BILL NO. 5083,
SUBSTITUTE SENATE BILL NO. 5222,
SENATE BILL NO. 5266,
SENATE BILL NO. 5274,
SENATE BILL NO. 5330,
SENATE BILL NO. 5332,
SUBSTITUTE SENATE BILL NO. 5370,
SUBSTITUTE SENATE BILL NO. 5400,
SUBSTITUTE SENATE BILL NO. 5419,
SENATE BILL NO. 5432,
SENATE BILL NO. 5668,
SUBSTITUTE SENATE BILL NO. 5957,
SUBSTITUTE SENATE BILL NO. 6002,
SENATE JOINT MEMORIAL NO. 8012,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8015, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 4, 1995
MR. PRESIDENT:
The House has passed House Bill No. 2074, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5022,
SENATE BILL NO. 5027,
SUBSTITUTE SENATE BILL NO. 5129,
SUBSTITUTE SENATE BILL NO. 5279,
SENATE BILL NO. 5630,
SUBSTITUTE SENATE BILL NO. 5660,
SUBSTITUTE SENATE BILL NO. 5997.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5042,
SENATE BILL NO. 5046,
SENATE BILL NO. 5052,
SUBSTITUTE SENATE BILL NO. 5067,
SENATE BILL NO. 5083,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5156,
SUBSTITUTE SENATE BILL NO. 5222,
SENATE BILL NO. 5266,
SENATE BILL NO. 5274,
SENATE BILL NO. 5330,
SENATE BILL NO. 5332,
SUBSTITUTE SENATE BILL NO. 5370,
SUBSTITUTE SENATE BILL NO. 5400,
SUBSTITUTE SENATE BILL NO. 5419,
SENATE BILL NO. 5432,
SENATE BILL NO. 5668,
SUBSTITUTE SENATE BILL NO. 5957,
SUBSTITUTE SENATE BILL NO. 6002,
SENATE JOINT MEMORIAL NO. 8012,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8015.
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
HB 2074 by Representatives Backlund, Lambert, Reams, Van Luven, Dyer, Horn, K. Schmidt and R. Fisher
Clarifying a 1994 transportation appropriation.
Referred to Committee on Transportation.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Hargrove, Gubernatorial Appointment No. 9016, Dr. Dennis Dyck, as a member of the State Hospital Eastern Washington Advisory Board, was confirmed.
MOTIONS
On motion of Senator Newhouse, Senators Ann Anderson and West were excused.
On motion of Senator Kohl, Senator Loveland was excused.
APPOINTMENT OF DR. DENNIS DYCK
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 41.
Absent: Senators Haugen, Quigley and Rinehart - 3.
Excused: Senators Anderson, A., Anderson, C., Loveland, Moyer and West - 5.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821, by House Committee on Commerce and Labor (originally sponsored by Representatives Kessler, Buck, Quall, Carlson, Casada and Basich)
Modifying unemployment compensation for persons employed under public employment contracts.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 50.04.320 and 1986 c 21 s 1 are each amended to read as follows:
(1) For the purpose of payment of contributions, "wages" means the remuneration paid by one employer during any calendar year to an individual in its employment under this title or the unemployment compensation law of any other state in the amount specified in RCW 50.24.010. If an employer (hereinafter referred to as a successor employer) during any calendar year acquires substantially all the operating assets of another employer (hereinafter referred to as a predecessor employer) or assets used in a separate unit of a trade or business of a predecessor employer, and immediately after the acquisition employs in the individual's trade or business an individual who immediately before the acquisition was employed in the trade or business of the predecessor employer, then, for the purposes of determining the amount of remuneration paid by the successor employer to the individual during the calendar year which is subject to contributions, any remuneration paid to the individual by the predecessor employer during that calendar year and before the acquisition shall be considered as having been paid by the successor employer.
(2) For the purpose of payment of benefits, "wages" means the remuneration paid by one or more employers to an individual for employment under this title during his base year: PROVIDED, That at the request of a claimant, wages may be calculated on the basis of remuneration payable. The department shall notify each claimant that wages are calculated on the basis of remuneration paid, but at the claimant's request a redetermination may be performed and based on remuneration payable.
(3) For the purpose of payment of benefits and payment of contributions, the term "wages" includes tips which are received after January 1, 1987, while performing services which constitute employment, and which are reported to the employer for federal income tax purposes.
(4)(a) "Remuneration" means all compensation paid for personal services including commissions and bonuses and the cash value of all compensation paid in any medium other than cash. The reasonable cash value of compensation paid in any medium other than cash and the reasonable value of gratuities shall be estimated and determined in accordance with rules prescribed by the commissioner. Remuneration does not include payments to members of a reserve component of the armed forces of the United States, including the organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours at a time.
(b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, shall be considered remuneration for the period to which it is assigned. Assignment clearly occurs when the compensation serves to make the individual eligible for all regular fringe benefits for the period to which the compensation is assigned.
(c) Settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an employment contract with a public agency prior to its expiration date shall be considered remuneration. The proceeds shall be deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract.
(d) Except as provided in (c) of this subsection, the provisions of this ((section)) subsection (4) pertaining to the assignment of previously accrued compensation shall not apply to individuals subject to RCW 50.44.050.
Sec. 2. RCW 50.44.050 and 1990 c 33 s 587 are each amended to read as follows:
Except as otherwise provided in subsections (1) through (4) of this section, benefits based on services in employment covered by or pursuant to this chapter shall be payable on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this title.
(1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment which commences during the period between two successive academic years or terms within an academic year (or, when an agreement provides instead for a similar period between two regular but not successive terms within an academic year, during such period) if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. Any employee of a common school district who is presumed to be reemployed pursuant to RCW 28A.405.210 shall be deemed to have a contract for the ensuing term.
(2) Benefits shall not be paid based on services in any other capacity for an educational institution for any week of unemployment which commences during the period between two successive academic years or terms within an academic year, if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms: PROVIDED, That if benefits are denied to any individual under this subsection and that individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection.
(3) Benefits shall not be paid based on any services described in subsections (1) and (2) of this section for any week of unemployment which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
(4) Benefits shall not be paid (as specified in subsections (1), (2), or (3) of this section) based on any services described in subsections (1) or (2) of this section to any individual who performed such services in an educational institution while in the employ of an educational service district which is established pursuant to chapter 28A.310 RCW and exists to provide services to local school districts.
(5) As used in subsections (1) and (2) of this section, "academic year" includes fall, winter, spring, and summer quarters and comparable semesters unless, based upon objective criteria including enrollment and staffing, the quarter or comparable semester is not in fact a part of the academic year for the particular institution.
Sec. 3. RCW 50.44.053 and 1985 ex.s. c 5 s 9 are each amended to read as follows:
The term "reasonable assurance," as used in RCW 50.44.050, means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term as in the first academic year or term, provided that the agreement is not contingent on enrollment, funding, or program changes. A person shall not be deemed to be performing services "in the same capacity" unless those services are rendered under the same terms or conditions of employment in the ensuing year as in the first academic year or term.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 2 of the title, after "contracts;" strike the remainder of the title and insert "amending RCW 50.04.320, 50.44.050, and 50.44.053; and declaring an emergency."
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1821, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1821, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1821, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, A., Anderson, C., Loveland and Moyer - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1224, by Representatives Brumsickle, Cole, Silver and Carlson (by request of Board of Education and Superintendent of Public Instruction Billings)
Authorizing waivers for educational restructuring.
The bill was read the second time.
MOTIONS
On motion of Senator McAuliffe, the following Committee on Education amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.630 RCW to read as follows:
(1) The state board of education, where appropriate, or the superintendent of public instruction, where appropriate, may grant waivers to districts from the provisions of statutes or rules relating to: The length of the school year; student-to-teacher ratios; and other administrative rules that in the opinion of the state board of education or the opinion of the superintendent of public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within the district.
(2) School districts may use the application process in RCW 28A.305.140 or 28A.300.138 to apply for the waivers under subsection (1) of this section.
(3) The joint select committee on education restructuring shall study which waivers of state laws or rules are necessary for school districts to implement education restructuring. The committee shall study whether the waivers are used to implement specific essential academic learning requirements and student learning goals. The committee shall study the availability of waivers under the schools for the twenty-first century program created by chapter 525, Laws of 1987, and the use of those waivers by schools participating in that program. The committee shall also study the use of waivers authorized under RCW 28A.305.140. The committee shall report its findings to the legislature by December 1, 1997."
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 1 of the title, after "waivers;" strike the remainder of the title and insert "and adding a new section to chapter 28A.630 RCW."
MOTION
On motion of Senator McAuliffe, the rules were suspended, House Bill No. 1224, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator McCaslin, Senator Cantu was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1224, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1224, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, A., Anderson, C., Cantu, Loveland and Moyer - 5.
HOUSE BILL NO. 1224, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1249, by Representatives Brumsickle and Cole (by request of Office of Financial Management and Superintendent of Public Instruction Billings)
Extending the time for developing essential academic learning requirement Goal 2 assessments.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, House Bill No. 1249 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator McAuliffe, further consideration of House Bill No. 1249 was deferred.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1350, by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Chandler and Veloria) (by request of Joint Task Force on Unemployment Insurance)
Authorizing voluntary contributions for unemployment insurance.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:
On page 2, beginning on line 14, strike all of subsection (2) and insert the following:
"(2) This section does not apply to any employer who has not had an increase of at least six rate classes from the previous tax rate year.
NEW SECTION. Sec. 2. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state."
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 2 of the title, after "insurance;" strike the remainder of the title and insert "adding a new section to chapter 50.29 RCW; and creating a new section."
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 1350, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1350, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1350, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Absent: Senator Rinehart - 1.
Excused: Senators Anderson, A., Anderson, C., Cantu and Moyer - 4.
SUBSTITUTE HOUSE BILL NO. 1350, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND ENGROSSED HOUSE BILL NO. 1130, by Representatives Crouse, Dellwo, Padden, Brown, Silver, Johnson, McMorris, Elliot, Stevens, Koster and Schoesler
Restricting the ringing of bells or sounding of whistles on locomotives.
The bill was read the second time.
MOTIONS
On motion of Senator Owen, the following Committee on Transportation amendment was adopted:
On page 1, after line 14, insert:
"This section shall not apply to an engineer operating a locomotive within yard limits or when on track, which is not main line track, where crossing speed is restricted by published special instruction or bulletin to ten miles per hour or less."
On motion of Senator Owen, the rules were suspended, Second Engrossed House Bill No. 1130, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed House Bill No. 1130, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed House Bill No. 1130, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 41.
Voting nay: Senators Haugen, Loveland and Pelz - 3.
Excused: Senators Anderson, A., Anderson, C., Cantu and Moyer - 4.
SECOND ENGROSSED HOUSE BILL NO. 1130, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1348, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Cole, Fuhrman and Wolfe) (by request of Department of Licensing)
Regulating escrow agents.
The bill was read the second time.
MOTIONS
On motion of Senator Prentice, the following Committee on Financial Institutions and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.44.010 and 1985 c 7 s 47 are each amended to read as follows:
Unless the context otherwise requires terms used in this chapter shall have the following meanings:
(1) "Department" means the department of ((licensing)) financial institutions.
(2) "Director" means the director of ((licensing)) financial institutions, or his or her duly authorized representative.
(3) "Escrow" means any transaction wherein any person or persons, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real or personal property to another person or persons, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by such third person until the happening of a specified event or the performance of a prescribed condition or conditions, when it is then to be delivered by such third person, in compliance with instructions under which he is to act, to a grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor, or any agent or employee thereof.
(4) "Escrow agent" means any sole proprietorship, firm, association, partnership, or corporation engaged in the business of performing for compensation the duties of the third person referred to in RCW 18.44.010(3) above.
(5) "Certificated escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a certificate of registration as an escrow agent under the provisions of this chapter.
(6) "Person" unless a different meaning appears from the context, includes an individual, a firm, association, partnership or corporation, or the plural thereof, whether resident, nonresident, citizen or not.
(7) "Escrow officer" means any natural person handling escrow transactions and licensed as such by the director.
(8) "Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.208.
(9) "Controlling person" is any person who owns or controls ten percent or more of the beneficial ownership of any escrow agent, regardless of the form of business organization employed and regardless of whether such interest stands in such person's true name or in the name of a nominee.
Sec. 2. RCW 18.44.080 and 1985 c 340 s 1 are each amended to read as follows:
The director shall charge and collect the following fees:
(1) For filing an original or a renewal application for registration as an escrow agent, annual fees for the first office or location and for each additional office or location.
(2) For filing an application for a change of address, for each certificate of registration and for each escrow officer license being so changed.
(3) For filing an application for a duplicate of a certificate of registration or of an escrow officer license lost, stolen, destroyed, or for replacement.
(4) For providing administrative support to the escrow commission.
All fees under this chapter shall be set by rule by the director ((in accordance with RCW 43.24.086)). In fixing these fees, the director shall set the fees at a sufficient level to defray the costs of administering this chapter.
All fees received by the director under this chapter shall be paid ((by him)) into the state treasury to the credit of the ((general fund)) banking examination fund.
Sec. 3. RCW 18.44.208 and 1985 c 340 s 3 are each amended to read as follows:
There is established an escrow commission of the state of Washington, to consist of the director of ((licensing)) financial institutions or his or her designee as chairman, and five other members who shall act as advisors to the director as to the needs of the escrow profession, including but not limited to the design and conduct of tests to be administered to applicants for escrow licenses, the schedule of license fees to be applied to the escrow licensees, educational programs, audits and investigations of the escrow profession designed to protect the consumer, and such other matters determined appropriate. ((Such members shall be appointed by the governor)) The director is hereby empowered to and shall appoint the other members, each of whom shall have been a resident of this state for at least five years and shall have at least five years experience in the practice of escrow as an escrow agent or as a person in responsible charge of escrow transactions.
The members of the first commission shall serve for the following terms: One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years, from the date of their appointment, or until their successors are duly appointed and qualified. Every member of the commission shall receive a certificate of appointment from the ((governor)) director and before beginning the member's term of office shall file with the secretary of state a written oath or affirmation for the faithful discharge of the member's official duties. On the expiration of the term of each member, the ((governor)) director shall appoint a successor to serve for a term of five years or until the member's successor has been appointed and qualified.
The ((governor)) director may remove any member of the commission for cause. Vacancies in the commission for any reason shall be filled by appointment for the unexpired term.
Members shall be compensated in accordance with RCW 43.03.240, and shall be reimbursed for their travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060.
Sec. 4. RCW 18.44.290 and 1977 ex.s. c 156 s 22 are each amended to read as follows:
Any person desiring to be an escrow officer shall meet the requirements of RCW 18.44.220 as provided in this chapter. The applicant shall make application endorsed by a certificated escrow agent to the director on a form to be prescribed and furnished by the director. Such application must be received by the director within one year of passing the escrow officer examination. With this application the applicant shall:
(1) Pay a license fee as set forth ((in this chapter)) by rule; and
(2) Furnish such proof as the director may require concerning his or her honesty, truthfulness, good reputation, and identity, including but not limited to fingerprints.
Sec. 5. RCW 18.44.380 and 1987 c 471 s 10 are each amended to read as follows:
A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:
REQUEST FOR WAIVER OF
ERRORS AND OMISSIONS POLICY
I, . . . . . ., residing at . . . . . ., City of . . . . . ., County of . . . . . ., State of Washington, declare the following:
(1) The state escrow commission has determined that an errors and omissions policy is not reasonably available to a substantial number of licensed escrow officers; and
(2) Purchasing an errors and omissions policy is cost-prohibitive at this time; and
(3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and
(4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys' fees, during the calendar year preceding submission of this affidavit; and
(5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys' fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and
(6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application.
THEREFORE, in consideration of the above, I, . . . . . ., respectfully request that the director of ((licensing)) financial institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from . . . . . ., 19. . ., to . . . . . ., 19. . .
Submitted this day of . . . . day of . . . . . ., 19. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(signature)
State of Washington,
ss.
County of ((King)) . . . . . . .
I certify that I know or have satisfactory evidence that . . . . . . . . ., signed this instrument and acknowledged it to be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument.
Dated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of
Notary Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Seal or stamp) Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
My appointment expires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sec. 6. RCW 43.320.011 and 1993 c 472 s 6 are each amended to read as follows:
(1) All powers, duties, and functions of the department of general administration under Titles 30, 31, 32, 33, and 43 RCW and any other title pertaining to duties relating to banks, savings banks, foreign bank branches, savings and loan associations, credit unions, consumer loan companies, check cashers and sellers, trust companies and departments, and other similar institutions are transferred to the department of financial institutions. All references to the director of general administration, supervisor of banking, or the supervisor of savings and loan associations in the Revised Code of Washington are construed to mean the director of the department of financial institutions when referring to the functions transferred in this section. All references to the department of general administration in the Revised Code of Washington are construed to mean the department of financial institutions when referring to the functions transferred in this subsection.
(2) All powers, duties, and functions of the department of licensing under chapters 18.44, 19.100, 19.110, 21.20, 21.30, and 48.18A RCW and any other statute pertaining to the regulation under the chapters listed in this subsection of escrow agents, securities, franchises, business opportunities, commodities, and any other speculative investments are transferred to the department of financial institutions. All references to the director or department of licensing in the Revised Code of Washington are construed to mean the director or department of financial institutions when referring to the functions transferred in this subsection.
Sec. 7. RCW 43.320.013 and 1993 c 472 s 9 are each amended to read as follows:
All employees classified under chapter 41.06 RCW, the state civil service law, who are employees of the department of general administration or the department of licensing engaged in performing the powers, functions, and duties transferred by RCW 43.320.011, except those under chapter 18.44 RCW, are transferred to the department of financial institutions. All such employees are assigned to the department of financial institutions to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
Sec. 8. RCW 43.320.060 and 1993 c 472 s 20 are each amended to read as follows:
The director of financial institutions shall appoint, deputize, and employ examiners and such other assistants and personnel as may be necessary to carry on the work of the department of financial institutions.
In the event of the director's absence the director shall have the power to deputize one of the assistants of the director to exercise all the powers and perform all the duties prescribed by law with respect to banks, savings banks, foreign bank branches, savings and loan associations, credit unions, consumer loan companies, check cashers and sellers, trust companies and departments, securities, franchises, business opportunities, commodities, escrow agents, and other similar institutions or areas that are performed by the director so long as the director is absent: PROVIDED, That such deputized assistant shall not have the power to approve or disapprove new charters, licenses, branches, and satellite facilities, unless such action has received the prior written approval of the director. Any person so deputized shall possess the same qualifications as those set out in this section for the director.
Sec. 9. RCW 43.320.110 and 1993 c 472 s 25 are each amended to read as follows:
There is created a local fund known as the "banking examination fund" which shall consist of all moneys received by the department of financial institutions from banks, savings banks, foreign bank branches, savings and loan associations, consumer loan companies, check cashers and sellers, ((and)) trust companies and departments, and escrow agents, and which shall be used for the purchase of supplies and necessary equipment and the payment of salaries, wages, utilities, and other incidental costs required for the proper regulation of these companies. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial institutions or the director's designee. In order to maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund.
NEW SECTION. Sec. 10. 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 July 1, 1995."
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 1 of the title, after "agents;" strike the remainder of the title and insert "amending RCW 18.44.010, 18.44.080, 18.44.208, 18.44.290, 18.44.380, 43.320.011, 43.320.013, 43.320.060, and 43.320.110; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1348, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1348, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1348, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, A., Anderson, C., Cantu and Moyer - 4.
SUBSTITUTE HOUSE BILL NO. 1348, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1117, by Representatives Lambert, Costa, Blanton, Silver, Ballasiotes, Backlund, Robertson, Boldt, Buck, Thompson, Hargrove and Huff
Providing a deterrence for crimes committed at county or local penal institutions.
The bill was read the second time.
MOTIONS
On motion of Senator Hargrove, the following Committee on Human Services and Corrections amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94.010 and 1955 c 241 s 1 are each amended to read as follows:
Whenever two or more inmates of a ((state penal)) correctional institution assemble for any purpose, and act in such a manner as to disturb the good order of ((such)) the institution and contrary to the commands of the officers of ((such)) the institution, by the use of force or violence, or the threat thereof, and whether acting in concert or not, they shall be guilty of prison riot.
Sec. 2. RCW 9.94.020 and 1992 c 7 s 19 are each amended to read as follows:
Every inmate of a ((state)) correctional ((facility)) institution who is guilty of prison riot or of voluntarily participating therein by being present at, or by instigating, aiding or abetting the same, shall be punished by imprisonment in a state correctional ((facility)) institution for not less than one year nor more than ten years, which shall be in addition to the sentence being served.
Sec. 3. RCW 9.94.030 and 1992 c 7 s 20 are each amended to read as follows:
Whenever any inmate of a ((state)) correctional ((facility)) institution shall hold, or participate in holding, any person as a hostage, by force or violence, or the threat thereof, or shall prevent, or participate in preventing an officer of such institution from carrying out his or her duties, by force or violence, or the threat thereof, he or she shall be guilty of a felony and upon conviction shall be punished by imprisonment in a state correctional ((facility)) institution for not less than one year nor more than ten years.
Sec. 4. RCW 9.94.040 and 1979 c 121 s 1 are each amended to read as follows:
(1) Every person serving a sentence in any ((penal)) state correctional institution ((of this state)) who, without legal authorization ((pursuant to law)), while in ((such penal)) the institution ((or while being conveyed to or from such penal institution, or while at any penal institution farm or forestry camp of such institution, or while being conveyed to or from any such place)), or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or carries upon his or her person or has under his or her control any weapon, firearm, or any instrument which, if used, could produce serious bodily injury to the person of another, is guilty of a class B felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control a deadly weapon, as defined in RCW 9A.04.110, is guilty of a class B felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
Sec. 5. RCW 9.94.041 and 1979 c 121 s 2 are each amended to read as follows:
(1) Every person serving a sentence in any ((penal)) state correctional institution ((of this state)) who, without legal authorization, while in ((such penal)) the institution or while being conveyed to or from ((such penal)) the institution, ((or while at any penal institution farm or forestry camp of such institution, or while being conveyed to or from any such place,)) or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or carries upon his or her person or has under his or her control any narcotic drug or controlled substance as defined in chapter 69.50 RCW is guilty of a class C felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, is guilty of a class C felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
Sec. 6. RCW 9.94.049 and 1992 c 7 s 21 are each amended to read as follows:
(1) For the purposes of this chapter, the term "correctional institution" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including state prisons, county and local jails, and other facilities operated by the department of corrections or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction of a criminal offense.
(2) For the purposes of RCW 9.94.043 and 9.94.045, "state correctional institution" means all state correctional facilities under the supervision of the secretary of the department of corrections used solely for the purpose of confinement of convicted felons."
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 1 of the title, after "institutions;" strike the remainder of the title and insert "and amending RCW 9.94.010, 9.94.020, 9.94.030, 9.94.040, 9.94.041, and 9.94.049."
MOTION
On motion of Senator Hargrove, the rules were suspended, House Bill No. 1117, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1117, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1117, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, A., Anderson, C., Cantu and Moyer - 4.
HOUSE BILL NO. 1117, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512, by House Committee on Transportation (originally sponsored by Representatives Romero, Chandler, Patterson, Quall, Tokuda, D. Schmidt, Skinner, Chopp, Elliot, Johnson, Ogden, Scott, Blanton, Brown, Hatfield, R. Fisher, Basich, Sheldon, Appelwick, Dellwo, Wolfe, Rust, Regala, Chappell, Kremen, Dickerson, Kessler, Costa, Poulsen and Cody)
Expanding the adopt-a-highway program.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Engrossed Substitute House Bill No. 1512 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1512.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1512 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, A., Anderson, C., Cantu and Moyer - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1433, by Representatives Conway, Basich, Boldt, Romero, Poulsen, Huff, McMahan, Regala, Pelesky, L. Thomas, Thompson, Costa, Dickerson, Sherstad, Hatfield, Ebersole, Schoesler, Chopp and Carrell
Penalizing defacement of a state monument.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, House Bill No. 1433 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1433.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1433 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, A., Anderson, C., Cantu and Moyer - 4.
HOUSE BILL NO. 1433, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1770, by Representatives Mastin and Grant
Revising enforcement requirements for plumbing certificates of competency.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendments were considered simultaneously and were adopted:
On page 1, after line 3, insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 18.106 RCW to read as follows:
It is the intent of the legislature that the department of labor and industries be authorized to enter into agreements with cities and counties to allow the cities and counties to perform compliance inspections in accordance with the provisions of this chapter. The legislature intends that enforcement responsibilities contained in the chapter remain with the department and not be assumed by the cities and counties.
"Renumber the remaining section consecutively.
On page 1, line 14, after "Washington." insert "Nothing in this section prevents the department from entering into similar agreements with other cities and counties regarding compliance inspections by the city or county to enforce this chapter."
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 2 of the title, strike "and" and after "18.106.280" insert "; and adding a new section to chapter 18.106 RCW"
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed House Bill No. 1770, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1770, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1770, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Newhouse, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley, Wojahn and Wood - 32.
Voting nay: Senators Finkbeiner, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Oke, Prince, Sellar, Strannigan, Swecker and West - 13.
Excused: Senators Anderson, A., Anderson, C., Cantu and Moyer - 4.
ENGROSSED HOUSE BILL NO. 1770, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 3:08 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 3:59 p.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5797, by Senators Hargrove, Long and Franklin
Revising provisions relating to examinations of mental conditions.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5797 was substituted for Senate Bill No. 5797 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5797 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Loveland, Senator Sutherland was excused.
On motion of Senator Ann Anderson, Senator Wood was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5797.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5797 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley and Wojahn - 43.
Absent: Senator Heavey - 1.
Excused: Senators Anderson, C., Cantu, Moyer, Sutherland and Wood - 5.
SUBSTITUTE SENATE BILL NO. 5797, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1247, by House Committee on Commerce and Labor (originally sponsored by Representatives L. Thomas, Lisk, G. Fisher, Robertson, Casada, Basich, Clements, Ebersole, Horn, Boldt, Mason, B. Thomas, Cairnes, Radcliff, Foreman, Cooke, Chandler, Mielke, Dyer, Mitchell, Schoesler, Skinner, Appelwick, Sheldon, Costa and Morris)
Promoting horse racing.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Loveland, Senators Hargrove and Heavey were excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1247.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1247 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 43.
Excused: Senators Anderson, C., Cantu, Hargrove, Heavey, Moyer and Sutherland - 6.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1247, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1231, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Rust, Chandler, Valle, Cole, Mastin and Chopp)
Promoting the recycled content of products and buildings.
The bill was read the second time.
MOTIONS
On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.19A.020 and 1991 c 297 s 3 are each amended to read as follows:
(1) ((The director shall adopt standards specifying the minimum content of recycled materials in products or product categories. The standards shall:
(a) Be consistent with the USEPA product standards)) The USEPA product standards, as now or hereafter amended, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in (a) and (b) of this subsection by the dates indicated, unless the director finds that a different standard would significantly increase recycled product availability or competition((;
(b) Consider the standards of other states, to encourage consistency of manufacturing standards;
(c) Consider regional product manufacturing capability;
(d) Address specific products or classes of products; and
(e) Consider postconsumer waste content and the recyclability of the product.
(2) The director shall consult with the supply management board and department of ecology prior to adopting the recycled content standards.
(3) The director shall adopt recycled content standards for at least the following products by the dates indicated:)).
(a) By July 1, ((1992)) 1996:
(i) Paper and paper products;
(ii) Organic recovered materials; and
(iii) Latex paint products;
(b) By July 1, ((1993)) 1996:
(i) Products for lower value uses containing recycled plastics;
(ii) Retread and remanufactured tires;
(iii) Lubricating oils;
(iv) Automotive batteries; ((and))
(v) Building insulation;
(vi) Panelboard; and
(vii) Compost products.
(((4))) (2) The standards ((required by)) adopted in this section shall be applied to recycled product purchasing by the department and other state agencies. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.
Sec. 2. RCW 43.19A.030 and 1991 c 297 s 4 are each amended to read as follows:
(1) By January 1, ((1993)) 1997, each local government shall review its existing procurement policies and specifications to determine whether recycled products are intentionally or unintentionally excluded. The policies and specifications shall be revised to include such products unless a recycled content product does not meet an established performance standard of the agency.
(2) By fiscal year ((1994)) 1997, each local government shall adopt a minimum purchasing goal for recycled content as a percentage of the total dollar value of supplies purchased. To assist in achieving this goal each local government shall adopt a strategy by January 1, ((1993, and shall submit a description of the strategy to the department. The department shall report to the appropriate standing committees of the legislature by October 1, 1993, on the progress of implementation by local governments, and shall thereafter periodically report on the progress of recycled product purchasing by state and other public agencies. All public agencies shall respond to requests for information from the department for the purpose of its reporting requirements under this section.
(3) Each local government shall designate a procurement officer who shall serve as the primary contact with the department for compliance with the requirements of this chapter)) 1996.
(((4))) (3) This section shall apply only to local governments with expenditures for supplies exceeding ((five)) three hundred thousand dollars for fiscal year ((1989)) 1994. Expenditures for capital goods and for electricity, water, or gas for resale shall not be considered a supply expenditure.
Sec. 3. RCW 43.19A.050 and 1991 c 297 s 7 are each amended to read as follows:
The department shall prepare a ((mandatory state plan)) strategy to increase purchases of recycled-content products by the department and all state agencies, including higher education institutions. The ((plan)) strategy shall include purchases from public works contracts. The ((plan)) strategy shall address the purchase of plastic products, retread and remanufactured tires, motor vehicle lubricants, latex paint, and lead acid batteries having recycled content. In addition, the ((plan)) strategy shall incorporate actions to achieve the following purchase level goals of recycled content paper and compost products:
(1) Paper products as a percentage of the total dollar amount purchased on an annual basis:
(a) At least ((forty)) sixty percent by ((1993)) 1995;
(b) At least ((fifty)) seventy percent by ((1994)) 1996;
(c) At least ((sixty)) eighty percent by ((1995)) 1997.
(2) Compost products as a percentage of the total dollar amount on an annual basis:
(a) At least ((twenty-five)) forty percent by ((1993)) 1995;
(b) At least ((forty)) sixty percent by ((1995)) 1997;
(c) At least ((sixty)) eighty percent by ((1997)) 1999.
The department shall notify all state agencies of the requirements to develop the strategy. Each state agency shall consider the strategy and the goals of this section in its purchases of products, whether from the department's central stores or from other sources.
Sec. 4. RCW 43.78.170 and 1991 c 297 s 10 are each amended to read as follows:
The public printer shall take all actions consistent with the plan under RCW 43.19A.050 to ensure that seventy-five percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, ((1995)) 1996, and ninety percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, 1998.
Sec. 5. RCW 47.28.220 and 1992 c 174 s 14 are each amended to read as follows:
(1) A contract awarded in whole or in part for the purchase of compost products as a soil cover or soil amendment to state highway rights of way shall specify that compost products be purchased in accordance with the following schedule:
(a) For the period July 1, ((1991)) 1995, through June 30, ((1993)) 1997, twenty-five percent of the total dollar amount purchased;
(b) For the period July 1, ((1993)) 1997, through June 30, ((1995)) 1999, fifty percent of the total dollar amount purchased. The percentages in this subsection apply ((only)) to the materials' value((,)) and ((do not)) include services or other materials.
(2) In order to carry out the provisions of this section, the department of transportation shall develop and adopt bid specifications for compost products used in state highway construction projects.
(3)(a) For purposes of this section, "compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials.
(b) For purposes of this section, "biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70.95J RCW.
NEW SECTION. Sec. 6. A new section is added to chapter 39.04 RCW to read as follows:
(1) The state's preferences for the purchase and use of recycled-content products shall be included as a factor in the design and development of state capital improvement projects.
(2) Specifications for materials in state construction projects shall include the use of recycled-content products and recyclable products whenever practicable and economically viable.
(3) This section does not apply to contracts entered into by a municipality.
NEW SECTION. Sec. 7. A new section is added to chapter 39.04 RCW to read as follows:
Material from demolition projects and waste material from construction projects shall be recycled or reused whenever practicable and economically viable.
NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) RCW 43.19A.090 and 1991 c 297 s 12; and
(2) RCW 43.19A.100 and 1991 c 297 s 13."
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 2 of the title, after "buildings;" strike the remainder of the title and insert "amending RCW 43.19A.020, 43.19A.030, 43.19A.050, 43.78.170, and 47.28.220; adding new sections to chapter 39.04 RCW; and repealing RCW 43.19A.090 and 43.19A.100."
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1231, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1231, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1231, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Hargrove, Moyer and Sutherland - 5.
SUBSTITUTE HOUSE BILL NO. 1231, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt, Mielke, Johnson, Quall, Mitchell, Buck, Romero, Horn and Huff)
Regulating commercial vehicle safety.
The bill was read the second time.
MOTIONS
On motion of Senator Owen, the following Committee on Transportation amendments were considered simultaneously and were adopted:
On page 2, line 1, after "motor" strike "vehicles regulated" and insert "carriers subject to economic regulation"
On page 4, beginning with "(3)" on line 1, strike everything through "transferred." on line 4, and insert the following:
"(3) All employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service."
On motion of Senator Owen, the following Committee on Transportation amendment was adopted:
On page 5, line 10, after "Sec. 7." strike "This act takes" and insert "Section 2 of this act becomes effective with motor vehicle registration fees due or to become due January 1, 1996. Sections 1 and 3 through 6 of this act take"
MOTION
On motion of Senator Owen, the rules were suspended, Engrossed Substitute House Bill No. 1209, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1209, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1209, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Hargrove, Moyer and Sutherland - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1176, by Representatives Delvin, Hickel, Sheahan, Appelwick, Dellwo, Hankins, Mastin, Honeyford and Padden
Authorizing Benton county to have one additional district court judge.
The bill was read the second time.
MOTIONS
On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 3.34.010 and 1994 c 111 s 1 are each amended to read as follows:
The number of district judges to be elected in each county shall be: Adams, two; Asotin, one; Benton, ((two)) three; Chelan, two; Clallam, two; Clark, five; Columbia, one; Cowlitz, two; Douglas, ((two)) one; Ferry, one; Franklin, one; Garfield, one; Grant, two; Grays Harbor, two; Island, one; Jefferson, one; King, twenty-six; Kitsap, three; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one; Skagit, two; Skamania, one; Snohomish, seven; Spokane, nine; Stevens, one; Thurston, two; Wahkiakum, one; Walla Walla, two; Whatcom, two; Whitman, one; Yakima, four. This number may be increased only as provided in RCW 3.34.020.
NEW SECTION. Sec. 2.
This is act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."On motion of Senator Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "judges;" strike the remainder of the title and insert "amending RCW 3.34.010; and declaring an emergency."
MOTION
On motion of Senator Smith, the rules were suspended, House Bill No. 1176, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1176, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1176, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Hargrove, Moyer and Sutherland - 5.
HOUSE BILL NO. 1176, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1856, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Blanton, Costa, Dickerson, D. Schmidt, Thompson, Radcliff, Sherstad, Beeksma and Romero)
Clarifying the liability of lenders under the model toxics control act.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1856 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1856.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1856 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Hargrove, Moyer and Sutherland - 5.
SUBSTITUTE HOUSE BILL NO. 1856, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE JOINT MEMORIAL NO. 4004, by Representatives Chandler, Lisk, Schoesler, Mulliken, Robertson, Honeyford, Mastin, Clements, Chappell, Delvin, McMorris, Koster, Boldt and Foreman
Petitioning Congress to introduce legislation on pesticide use for minor crops.
The joint memorial was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed House Joint Memorial No. 4004 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Joint Memorial No. 4004.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Joint Memorial No. 4004 and the joint memorial passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 43.
Voting nay: Senator Fairley - 1.
Excused: Senators Anderson, C., Cantu, Hargrove, Moyer and Sutherland - 5.
ENGROSSED HOUSE JOINT MEMORIAL NO. 4004, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1017, by House Committee on Government Operations (originally sponsored by Representatives D. Schmidt, Horn, Robertson, Padden, Lisk, Scott, Dyer, Thompson, Goldsmith, K. Schmidt, Sehlin, Campbell, Sheldon and Talcott)
Transferring emergency management functions from the department of community development to the military department.
The bill was read the second time.
MOTIONS
Senator Haugen moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 38.52.005 and 1986 c 266 s 22 are each amended to read as follows:
The department ((of community development)) shall administer the comprehensive emergency management program of the state of Washington as provided for in this chapter. All local organizations, organized and performing emergency management functions pursuant to RCW 38.52.070, may change their name and be called the . . . . . . department/division of emergency management.
Sec. 2. RCW 38.52.010 and 1993 c 251 s 5 and 1993 c 206 s 1 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.
(2) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.
(3) "Political subdivision" means any county, city or town.
(4) "Emergency worker" means any person, including but not limited to an architect registered under chapter 18.08 RCW or a professional engineer registered under chapter 18.43 RCW, who is registered with a local emergency management organization or the department ((of community development)) and holds an identification card issued by the local emergency management director or the department ((of community development)) for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities.
(5) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.
(6)(a) "Emergency or disaster" as used in all sections of this chapter except RCW 38.52.430 shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.
(b) "Emergency" as used in RCW 38.52.430 means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in RCW 38.52.430.
(7) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.
(8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor.
(9) "Director" means the ((director of community development)) adjutant general.
(10) "Local director" means the director of a local organization of emergency management or emergency services.
(11) "Department" means the state military department ((of community development)).
(12) "Emergency response" as used in RCW 38.52.430 means a public agency's use of emergency services during an emergency or disaster as defined in subsection (6)(b) of this section.
(13) "Expense of an emergency response" as used in RCW 38.52.430 means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, fire fighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.
(14) "Public agency" means the state, and a city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide fire fighting, police, ambulance, medical, or other emergency services.
Sec. 3. RCW 38.52.090 and 1987 c 185 s 6 are each amended to read as follows:
(1) The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. The ((director of community development)) adjutant general shall adopt and distribute a standard form of contract for use by local organizations in understanding and carrying out said mutual aid arrangements.
(2) The ((director of community development)) adjutant general and the director of each local organization for emergency management may, subject to the approval of the governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. All such arrangements shall be pursuant to either of the compacts contained in subsection (2) (a) or (b) of this section.
(a) The legislature recognizes that the compact language contained in this subsection is inadequate to meet many forms of emergencies. For this reason, after June 7, 1984, the state may not enter into any additional compacts under this subsection (2)(a).
INTERSTATE CIVIL DEFENSE
AND DISASTER COMPACT
The contracting States solemnly agree:
Article 1. The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense (Emergency Services) of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
Article 2. It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
(b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises;
(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
Article 3. Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.
Article 4. Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.
Article 5. No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
Article 6. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
Article 7. Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.
Article 8. Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
Article 9. Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
Article 10. This compact shall be available to any State, territory or possession of the United States, and the District of Columbia. The term "State" may also include any neighboring foreign country or province or state thereof.
Article 11. The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.
Article 12. This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.
Article 13. This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.
Article 14. This compact shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be effected thereby.
Article 15. (a) This Article shall be in effect only as among those states which have enacted it into law or in which the Governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this Article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a State pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this Article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to:
1. Searches for and rescue of person who are lost, marooned, or otherwise in danger.
2. Action useful in coping with disasters arising from any cause or designed to increase the capability to cope with any such disasters.
3. Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger.
4. The giving and receiving of aid by subdivisions of party States.
5. Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies.
(c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party State, a subdivision of such State, or by a joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a State. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party States.
(d) Nothing in this Article shall be construed to exclude from the coverage of Articles 1-15 of this compact any matter which, in the absence of this Article, could reasonably be construed to be covered thereby.
(b) The compact language contained in this subsection (2)(b) is intended to deal comprehensively with emergencies requiring assistance from other states.
INTERSTATE MUTUAL AID COMPACT
Purpose
The purpose of this Compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster, that over extends the ability of local and state governments to reduce, counteract or remove the danger. Assistance may include, but not be limited to, rescue, fire, police, medical, communication, transportation services and facilities to cope with problems which require use of special equipment, trained personnel or personnel in large numbers not locally available.
Authorization
Article I, Section 10 of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of Title 50 U.S.C. Sections 2281(g), 2283 and the Executive Department, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster and civil defense mutual aid agreements or pacts.
Implementation
It is agreed by participating states that the following conditions will guide implementation of the Compact:
1. Participating states through their designated officials are authorized to request and to receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency, and other resources are not immediately available.
2. Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it shall be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, personnel or other resources needed. Each request must be signed by an authorized official.
3. Personnel and equipment of the aiding party made available to the requesting party shall, whenever possible, remain under the control and direction of the aiding party. The activities of personnel and equipment of the aiding party must be coordinated by the requesting party.
4. An aiding state shall have the right to withdraw some or all of their personnel and/or equipment whenever the personnel or equipment are needed by that state. Notice of intention to withdraw should be communicated to the requesting party as soon as possible.
General Fiscal Provisions
The state government of the requesting party shall reimburse the state government of the aiding party. It is understood that reimbursement shall be made as soon as possible after the receipt by the requesting party of an itemized voucher requesting reimbursement of costs.
1. Any party rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.
2. Any state rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for the cost of payment of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives in the event such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement, provided that such payments are made in the same manner and on the same terms as if the injury or death were sustained within such state.
Privileges and Immunities
1. All privileges and immunities from liability, exemptions from law, ordinances, rules, all pension, relief disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Agreement.
2. All privileges and immunities from liability, exemptions from law, ordinances, and rules, workers' compensation and other benefits which apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits, shall apply to the same degree and extent while performing their functions extra-territorially under the provisions of this Agreement. Volunteers may include, but not be limited to, physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.
3. The signatory states, their political subdivisions, municipal corporations and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other state with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.
4. Nothing in this arrangement shall be construed as repealing or impairing any existing Interstate Mutual Aid Agreements.
5. Upon enactment of this Agreement by two or more states, and by January 1, annually thereafter, the participating states will exchange with each other the names of officials designated to request and/or provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it shall be permissible and desirable for the parties to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.
6. This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
7. This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate official of all other party states. An actual withdrawal shall not take effect until the thirtieth consecutive day after the notice provided in the statute has been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal.
Sec. 4. RCW 38.52.420 and 1994 c 264 s 11 are each amended to read as follows:
(1) The department ((of community, trade, and economic development)), in consultation with appropriate federal agencies, the departments of natural resources, fish and wildlife, and ecology, representatives of local government, and any other person the director may deem appropriate, shall develop a model contingency plan, consistent with other plans required for hazardous materials by federal and state law, to serve as a draft plan for local governments which may be incorporated into the state and local emergency management plans.
(2) The model contingency plan shall:
(a) Include specific recommendations for pollution control facilities which are deemed to be most appropriate for the control, collection, storage, treatment, disposal, and recycling of oil and other spilled material and furthering the prevention and mitigation of such pollution;
(b) Include recommendations for the training of local personnel consistent with other training proposed, funded, or required by federal or state laws for hazardous materials;
(c) Suggest cooperative training exercises between the public and private sector consistent with other training proposed, funded, or required by federal or state laws for hazardous materials;
(d) Identify federal and state laws requiring contingency or management plans applicable or related to prevention of pollution, emergency response capabilities, and hazardous waste management, together with a list of funding sources that local governments may use in development of their specific plans;
(e) Promote formal agreements between the department ((of community, trade, and economic development)) and local entities for effective spill response; and
(f) Develop policies and procedures for the augmentation of emergency services and agency spill response personnel through the use of volunteers: PROVIDED, That no contingency plan may require the use of volunteers by a responding responsible party without that party's consent.
Sec. 5. RCW 38.54.010 and 1992 c 117 s 9 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of community, trade, and economic development.
(2) "Director" means the director of the department of community, trade, and economic development.
(3) "State fire marshal" means the assistant director of the division of fire protection services in the department of community, trade, and economic development.
(4) "Fire chief" includes the chief officer of a statutorily authorized fire agency, or the fire chief's authorized representative. Also included are the department of natural resources fire control chief, and the department of natural resources regional managers.
(5) "Jurisdiction" means state, county, city, fire district, or port district (([fire])) fire fighting units, or other units covered by this chapter.
(6) "Mobilization" means that fire fighting resources beyond those available through existing agreements will be requested and, when available, sent ((to fight a fire)) in response to an emergency or disaster situation that has ((or soon will exceed)) exceeded the capabilities of available local resources. During a large scale ((fire)) emergency, mobilization includes the redistribution of regional or state-wide fire fighting resources to either direct ((fire fighting)) emergency incident assignments or to assignment in communities where fire fighting resources are needed.
When mobilization is declared and authorized as provided in this chapter, all fire fighting resources except those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter, including those that responded earlier under existing mutual aid or other agreement. All nonhost fire protection authorities providing fire fighting resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.
This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter 76.04 RCW.
(7) "Mutual aid" means emergency interagency assistance provided without compensation under ((and [an])) an agreement between jurisdictions under chapter 39.34 RCW.
Sec. 6. RCW 38.54.020 and 1992 c 117 s 10 are each amended to read as follows:
Because of the possibility of the occurrence of disastrous fires or other disasters of unprecedented size and destructiveness, the need to insure that the state is adequately prepared to respond to such a fire or disaster, the need to establish a mechanism and a procedure to provide for reimbursement to fire fighting agencies that respond to help others in time of need, and generally to protect the public peace, health, safety, lives, and property of the people of Washington, it is hereby declared necessary to:
(1) Provide the policy and organizational structure for large scale mobilization of fire fighting resources in the state through creation of the Washington state fire services mobilization plan;
(2) Confer upon the director ((of the department of community development)) the powers provided herein; and
(3) Provide a means for reimbursement to fire jurisdictions that incur expenses when mobilized by the director under the Washington state fire services mobilization plan.
It is the intent of the legislature that mutual aid and other interlocal agreements providing for enhanced emergency response be encouraged as essential to the public peace, safety, health, and welfare, and for the protection of the lives and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost fire protection authority for reimbursement of expenses incurred in providing fire fighting resources for mobilization.
Sec. 7. RCW 46.16.340 and 1986 c 266 s 49 are each amended to read as follows:
The director, from time to time, shall furnish the state military department, the department of community, trade, and economic development, the Washington state patrol, and all county sheriffs a list of the names, addresses, and license plate or radio station call letters of each person possessing the special amateur radio station license plates so that the facilities of such radio stations may be utilized to the fullest extent in the work of these governmental agencies.
Sec. 8. RCW 88.46.100 and 1991 c 200 s 423 are each amended to read as follows:
(1) In order to assist the state in identifying areas of the navigable waters of the state needing special attention, the owner or operator of a covered vessel shall notify the coast guard within one hour:
(a) Of the disability of the covered vessel if the disabled vessel is within twelve miles of the shore of the state; and
(b) Of a collision or a near miss incident within twelve miles of the shore of the state.
(2) The ((division of emergency management of the)) state military department ((of community development)) and the office shall request the coast guard to notify the ((division of emergency management)) state military department as soon as possible after the coast guard receives notice of a disabled covered vessel or of a collision or near miss incident within twelve miles of the shore of the state. The office shall negotiate an agreement with the coast guard governing procedures for coast guard notification to the state regarding disabled covered vessels and collisions and near miss incidents.
(3) The office shall prepare a summary of the information collected under this section and provide the summary to the regional marine safety committees, the coast guard, and others in order to identify problems with the marine transportation system.
(4) For the purposes of this section:
(a) A tank vessel or cargo vessel is considered disabled if any of the following occur:
(i) Any accidental or intentional grounding;
(ii) The total or partial failure of the main propulsion or primary steering or any component or control system that causes a reduction in the maneuvering capabilities of the vessel;
(iii) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service, including but not limited to, fire, flooding, or collision with another vessel;
(iv) Any other occurrence that creates the serious possibility of an oil spill or an occurrence that may result in such a spill.
(b) A barge is considered disabled if any of the following occur:
(i) The towing mechanism becomes disabled;
(ii) The towboat towing the barge becomes disabled through occurrences defined in (a) of this subsection.
(c) A near miss incident is an incident that requires the pilot or master of a covered vessel to take evasive actions or make significant course corrections in order to avoid a collision with another ship or to avoid a grounding as required by the international rules of the road.
(5) Failure of any person to make a report under this section shall not be used as the basis for the imposition of any fine or penalty.
NEW SECTION. Sec. 9. A new section is added to chapter 38.52 RCW to read as follows:
All powers, duties, and functions of the department of community, trade, and economic development pertaining to emergency management are transferred to the state military department. All references to the director or the department of community development or the department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the adjutant general or the state military department when referring to the functions transferred in this section.
NEW SECTION. Sec. 10. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the state military department. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the state military department. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the state military department.
Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the state military department.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 11. All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the state military department. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state military department to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. All employees of the department of community, trade, and economic development exempted under chapter 41.06 RCW shall retain such exemption after transfer.
NEW SECTION. Sec. 12. All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the state military department. All existing contracts and obligations shall remain in full force and shall be performed by the state military department.
NEW SECTION. Sec. 13. The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 14. If apportionments of budgeted funds are required because of the transfers directed by sections 10 through 13 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 15. (1) The military department, in cooperation with the Washington state patrol and the emergency management council, shall by December 31, 1995, develop a strategic plan to enhance the coordination and efficiency and decrease the costs of the military department's emergency management programs and services. The plan shall:
(a) Evaluate all current programs and services;
(b) Develop new and innovative techniques for the administration of programs and delivery of services;
(c) Strengthen military department linkages with local agencies; and
(d) Assess the use of private sector equipment, materials, and services.
(2) A summary of the strategic plan shall be delivered to the appropriate committees of the legislature no later than July 10, 1996.
NEW SECTION. Sec. 16. Nothing contained in sections 9 through 14 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
NEW SECTION. Sec. 17. 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 July 1, 1995."
On motion of Senator Sellar, the following amendments to the striking amendment were considered simultaneously and were adopted:
On page 14, line 17 of the amendment, after "need" insert "or to a host fire district that experiences expenses beyond the resources of the fire district"
On page 14, line 24 of the amendment, after "herein;" strike "and" and insert "((and))"
On page 14, line 27 of the amendment, after "plan" insert "; and
(4) Provide for reimbursement of host district fire fighting resources when the local district has: (a) Exhausted all of its resources; and (b) invoked its local mutual aid network and exhausted those resources. Upon implementation of state fire mobilization, the host district resources shall become state fire mobilization resources consistent with the fire mobilization plan"
On page 14, after line 37 of the amendment, insert the following:
"Sec. 7. RCW 38.54.050 and 1992 c 117 s 13 are each amended to read as follows:
The department ((of community development)) in consultation with the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from appropriate federal and state funds when jurisdictions are mobilized by the director under the Washington state fire services mobilization plan. The department shall ensure that these procedures provide reimbursement to the host district in as timely a manner as possible.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended, to Substitute House Bill No. 1017.
The committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 38.52.005, 38.52.090, 38.52.420, 38.54.010, 38.54.020, 46.16.340, and 88.46.100; reenacting and amending RCW 38.52.010; adding a new section to chapter 38.52 RCW; creating new sections; providing an effective date; and declaring an emergency."
On page 19, line 6 of the title amendment, after "38.54.020," insert "38.54.050,"
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1017, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Oke, Senators Ann Anderson and Hale were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1017, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1017, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 7; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, West, Winsley and Wood - 35.
Voting nay: Senators Fraser, Hochstatter, Johnson, Morton, Palmer, Swecker and Wojahn - 7.
Excused: Senators Anderson, A., Anderson, C., Cantu, Hale, Hargrove, Moyer and Sutherland - 7.
SUBSTITUTE HOUSE BILL NO. 1017, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 4:45 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Thursday, April 6, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate