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FIRST SPECIAL SESSION
FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, April 27, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Ann Anderson, Cal Anderson, Fairley, McCaslin, Moyer, Newhouse, Oke, Quigley, Roach, Sutherland, Swecker and Wood. On motion of Senator Loveland, Senators Cal Anderson, Fairley, Quigley and Sutherland were excused. On motion of Senator Sellar, Senators Ann Anderson, McCaslin, Moyer, Newhouse, Oke, Roach, Swecker and Wood were excused.
The Sergeant at Arms Color Guard consisting of Pages Mercedes Lindsey and Peter Briggs, presented the Colors. Senator Bob Morton offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM STATE OFFICES
STATE OF WASHINGTON
WASHINGTON STATE BOARD OF HEALTH
1102 SE Quince Street * PO Box 47990
Olympia, WA 98504-7990
April 19, 1995
The Honorable Joel Pritchard
Washington State Lieutenant Governor, Senate President
Honorable Members, Washington State Senate
Legislative Building
MS: 40400
RE: RESOLUTION OF DISASTER PREPAREDNESS
Dear President Pritchard and Members:
Enclosed please find the Resolution on Disaster Preparedness formally adopted by the Washington State Board of Health at its April 1995 meeting. We hope you will help us carry this message forward to Washington citizens, your legislative colleagues, and other state and local officials.
The Resolution followed a March 1995 comprehensive multi-agency briefing received by the Board regarding the status of disaster preparedness in Washington from federal, state, local officials, as well as from non-profit disaster relief agencies and individual citizens. Please let us know if you have questions about this Resolution.
Sincerely,
WARREN FEATHERSTONE REID, Chair
The Report from the State Board of Health is on file in the Office of the Secretary of the Senate.
MOTION
At 10:10 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:16 p.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5408, by Senators McAuliffe, Johnson, Quigley and Long (by request of Office of Financial Management)
Changing school bus purchasing procedures.
MOTIONS
On motion of Senator Rinehart, Substitute Senate Bill No. 5408 was substituted for Senate Bill No. 5408 and the substitute bill was placed on second reading and read the second time.
Senator Rinehart moved that the following amendment by Senators Rinehart and West be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.160 RCW to read as follows:
(1) The superintendent of public instruction shall establish a minimum number of school bus categories considering the capacity and type of vehicles required by school districts in Washington. The superintendent shall establish competitive specifications for each category of school bus. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent.
(2) After establishing school bus categories and competitive specifications, the superintendent of public instruction shall solicit competitive price quotes from school bus dealers to be in effect for one year and establish a list of the lowest competitive price quotes obtained under this subsection.
(3) The superintendent shall base the level of reimbursement to school districts and educational service districts for school buses on the lowest quote in each category.
(4) Notwithstanding RCW 28A.335.190, school districts and educational service districts may purchase at the quoted price directly from the dealer who is providing the lowest competitive price quote on the list established under subsection (2) of this section. School districts and educational service districts may make their own selections for school buses, but shall be reimbursed at the rates determined under this section and RCW 28A.160.200. District-selected options shall not be reimbursed by the state.
(5) This section does not prohibit school districts or educational service districts from conducting their own competitive bid process.
(6) The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section.
Sec. 2. RCW 28A.160.200 and 1990 c 33 s 146 are each amended to read as follows:
((The superintendent shall determine the vehicle acquisition allocation in the following manner:
(1) By May 1st of each year, the superintendent shall develop preliminary categories of student transportation vehicles to ensure adequate student transportation fleets for districts. The superintendent shall take into consideration the types of vehicles purchased by individual school districts in the state. The categories shall include, but not be limited to, variables such as vehicle capacity, type of chassis, type of fuel, engine and body type, special equipment, and life of vehicle. The categories shall be developed in conjunction with the local districts and shall be applicable to the following school year. The categories shall be designed to produce minimum long-range operating costs, including costs of equipment and all costs incurred in operating the vehicles. Each category description shall include the estimated state-determined purchase price, which shall be based on the actual costs of the vehicles purchased for that comparable category in the state during the preceding twelve months and the anticipated market price for the next school fiscal year. By June 15th of each year, the superintendent shall notify districts of the preliminary vehicle categories and state-determined purchase price for the ensuing school year. By October 15th of each year, the superintendent shall finalize the categories and the associated state-determined purchase price and shall notify districts of any changes. While it is the responsibility of each district to select each student transportation vehicle to be purchased by the district, each district shall be paid a sum based only on the amount of the state-determined purchase price and inflation as recognized by the reimbursement schedule established in this section as set by the superintendent for the category of vehicle purchased.
(2))) (1) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transportation vehicles purchased after September 1, 1982. While it is the responsibility of each district to select and pay for each student transportation vehicle purchased by the district, each district shall be paid a sum based on the category of vehicle, anticipated lifetime of vehicles of this category, and state reimbursement rate for the category plus inflation as recognized by the reimbursement schedule established in this section as set by the superintendent. Categories and reimbursement rates of vehicles shall be those established under section 1 of this act. The accumulated value of the payments and the potential investment return thereon shall be designed to be equal to the replacement ((value)) cost of the vehicle less its salvage value at the end of its anticipated lifetime. The superintendent shall revise at least annually the reimbursement payments based on the current and anticipated future cost of comparable categories of transportation equipment. Reimbursements to school districts for approved transportation equipment shall be placed in a separate ((vehicle)) transportation vehicle fund established for each school district under RCW 28A.160.130. However, educational service districts providing student transportation services pursuant to RCW 28A.310.180(4) and receiving moneys generated pursuant to this section shall establish and maintain a separate ((vehicle)) transportation vehicle account in the educational service district's general expense fund for the purposes and subject to the conditions under RCW 28A.160.130 and 28A.320.300.
(((3))) (2) To the extent possible, districts shall operate vehicles acquired under this section not less than the number of years or useful lifetime now, or hereafter, assigned to the ((class)) category of vehicles by the superintendent. School districts shall properly maintain the transportation equipment acquired under the provisions of this section, in accordance with rules established by the office of the superintendent of public instruction. If a district fails to follow generally accepted standards of maintenance and operation, the superintendent of public instruction shall penalize the district by deducting from future reimbursements under this section an amount equal to the original cost of the vehicle multiplied by the fraction of the useful lifetime or miles the vehicle failed to operate.
(((4))) (3) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to districts contracting with private carriers for student transportation. Payments on this schedule shall be a straight line depreciation based on the original cost of the appropriate category of vehicle.
Sec. 3. RCW 28A.335.190 and 1994 c 212 s 1 are each amended to read as follows:
(1) When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or repairs, or other work or purchases, except books, will equal or exceed the sum of fifty thousand dollars, complete plans and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids therefor and that specifications and other information may be examined at the office of the board or any other officially designated location: PROVIDED, That the board without giving such notice may make improvements or repairs to the property of the district through the shop and repair department of such district when the total of such improvements or repair does not exceed the sum of (a) fifteen thousand dollars, for districts with fifteen thousand five hundred or more full-time equivalent students; or (b) for districts with fewer than fifteen thousand five hundred full-time equivalent students, fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or ten thousand dollars if a single craft or trade is involved with the school district improvement or repair. The cost of any public work, improvement or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and after being opened shall be filed for public inspection.
(2) Every purchase of furniture, equipment or supplies, except books, the cost of which is estimated to be in excess of fifteen thousand dollars, shall be on a competitive basis. The board of directors shall establish a procedure for securing telephone and/or written quotations for such purchases. Whenever the estimated cost is from fifteen thousand dollars up to fifty thousand dollars, the procedure shall require quotations from at least three different sources to be obtained in writing or by telephone, and recorded for public perusal. Whenever the estimated cost is in excess of fifty thousand dollars, the public bidding process provided in subsection (1) of this section shall be followed.
(3) Every building, improvement, repair or other public works project, the cost of which is estimated to be in excess of (a) fifteen thousand dollars, for districts with fifteen thousand five hundred or more full-time equivalent students; or (b) for districts with fewer than fifteen thousand five hundred full-time equivalent students, fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or ten thousand dollars if a single craft or trade is involved with the school district improvement or repair, shall be on a competitive bid process. All such projects estimated to be less than fifty thousand dollars may be awarded to a contractor on the small works roster. The small works roster shall be comprised of all responsible contractors who have requested to be on the list. The board of directors shall establish a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. Such procedure shall require that a good faith effort be made to request quotations from all contractors on the small works roster who have indicated the capability of performing the kind of public works being contracted. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. The small works roster shall be revised at least once each year by publishing notice of such opportunity in at least one newspaper of general circulation in the district. Responsible contractors shall be added to the list at any time they submit a written request. Whenever the estimated cost of a public works project is fifty thousand dollars or more, the public bidding process provided in subsection (1) of this section shall be followed.
(4) The contract for the work or purchase shall be awarded to the lowest responsible bidder as defined in RCW 43.19.1911 but the board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder's agent, requesting it in person.
(5) In the event of any emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board declaring the existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this section with reference to any purchase or contract: PROVIDED, That an "emergency", for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of the school district in the absence of prompt remedial action.
(6) This section does not apply to the direct purchase of school buses by school districts and educational services in accordance with section 1 of this act.
NEW SECTION. Sec. 4. (1) By December 15, 1995, the superintendent of public instruction shall prepare a report comparing:
(a) The reimbursement schedule in effect for the 1994-95 school year with the reimbursement schedule adopted for the 1995-96 school year;
(b) The expected state savings from using the 1995-96 schedule; and
(c) The price quotes received by the superintendent of public instruction with the prices obtained by school districts and educational service districts.
(2) The report shall be submitted to the fiscal committees of the house of representatives and the senate.
NEW SECTION. Sec. 5. (1) Section 1 of 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.
(2) Section 2 of this act shall take effect September 1, 1995."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Rinehart and West to Substitute Senate Bill No. 5408.
The motion by Senator Rinehart carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Rinehart, the following title amendment was adopted:
On page 1, line 1 of the title, after "acquisitions;" strike the remainder of the title and insert "amending RCW 28A.160.200 and 28A.335.190; adding a new section to chapter 28A.160 RCW; creating a new section; providing an effective date; and declaring an emergency."
On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5408 was advanced to third reading, the second reading considered the third and 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 Senate Bill No. 5408.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5408 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 7; Absent, 0; Excused, 12.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Owen, Palmer, Pelz, Prentice, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, West, Winsley and Wojahn - 30.
Voting nay: Senators Haugen, Hochstatter, Johnson, Morton, Prince, Schow and Sellar - 7.
Excused: Senators Anderson, A., Anderson, C., Fairley, McCaslin, Moyer, Newhouse, Oke, Quigley, Roach, Sutherland, Swecker and Wood - 12.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5408, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:30 a.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Friday, April 28, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate