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ONE HUNDREDTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, April 22, 1997
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Finkbeiner, Horn, McCaslin, Roach, Schow, Snyder and Stevens. On motion of Senator Hale, Senators McCaslin, Roach and Stevens were excused. On motion of Senator Franklin, Senator Snyder was excused.
The Sergeant at Arms Color Guard, consisting of Pages Katie Marsh and Erik Scott, presented the Colors. Senator Adam Kline offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
PERSONAL PRIVILEGE
Senator Prentice: “I rise to a point of personal privilege, Mr. President. I would like to express my thanks for the television monitor having been moved over here--in the spirit of fairness. I would like for you to know that since I have exhibited such power after one tantrum, that I have now been inundated with a list and I decided we will knock it off after swimming pool and onsite day care and I said, 'No more requests; I will convey those.' So, thank you very much.”
MESSAGES FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1032,
SUBSTITUTE HOUSE BILL NO. 1076,
SUBSTITUTE HOUSE BILL NO. 1086,
SECOND SUBSTITUTE HOUSE BILL NO. 1557,
SUBSTITUTE HOUSE BILL NO. 2089,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2096,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2264.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1056,
SUBSTITUTE HOUSE BILL NO. 1607,
SUBSTITUTE HOUSE BILL NO. 1770,
SUBSTITUTE HOUSE BILL NO. 1826,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1841.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 2083,
SUBSTITUTE HOUSE BILL NO. 2189.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2272 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5193,
SUBSTITUTE SENATE BILL NO. 5230,
SUBSTITUTE SENATE BILL NO. 5334,
SUBSTITUTE SENATE BILL NO. 5763, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5011,
SENATE BILL NO. 5018,
SUBSTITUTE SENATE BILL NO. 5103,
SUBSTITUTE SENATE BILL NO. 5110,
SUBSTITUTE SENATE BILL NO. 5144,
SENATE BILL NO. 5151,
SECOND SUBSTITUTE SENATE BILL NO. 5178,
SECOND SUBSTITUTE SENATE BILL NO. 5179,
SUBSTITUTE SENATE BILL NO. 5188,
SUBSTITUTE SENATE BILL NO. 5295,
SUBSTITUTE SENATE BILL NO. 5318,
SENATE BILL NO. 5340,
SENATE BILL NO. 5361,
SUBSTITUTE SENATE BILL NO. 5668,
SUBSTITUTE SENATE BILL NO. 5838,
SUBSTITUTE SENATE BILL NO. 6046, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1033,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1110,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1292,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1360,
HOUSE BILL NO. 1367,
SECOND SUBSTITUTE HOUSE BILL NO. 1392,
HOUSE BILL NO. 1420,
HOUSE BILL NO. 1457,
HOUSE BILL NO. 1458,
HOUSE BILL NO. 1468,
SUBSTITUTE HOUSE BILL NO. 1474,
SUBSTITUTE HOUSE BILL NO. 1491,
SUBSTITUTE HOUSE BILL NO. 1499,
SUBSTITUTE HOUSE BILL NO. 1513,
HOUSE BILL NO. 1589,
SUBSTITUTE HOUSE BILL NO. 1632,
SUBSTITUTE HOUSE BILL NO. 1791,
HOUSE BILL NO. 2117,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2276, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1008,
HOUSE BILL NO. 1019,
SUBSTITUTE HOUSE BILL NO. 1166,
SUBSTITUTE HOUSE BILL NO. 1190,
SUBSTITUTE HOUSE BILL NO. 1235,
SUBSTITUTE HOUSE BILL NO. 1325,
HOUSE BILL NO. 1353,
HOUSE BILL NO. 1609,
HOUSE BILL NO. 1945,
HOUSE BILL NO. 2011,
HOUSE JOINT RESOLUTION NO. 4208, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SECOND SUBSTITUTE SENATE BILL NO. 5508. The Speaker has appointed the following members as conferees: Representatives Johnson, Talcott and Cole.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1008,
HOUSE BILL NO. 1019,
SUBSTITUTE HOUSE BILL NO. 1166,
SUBSTITUTE HOUSE BILL NO. 1190,
SUBSTITUTE HOUSE BILL NO. 1235,
SUBSTITUTE HOUSE BILL NO. 1325,
HOUSE BILL NO. 1353,
HOUSE BILL NO. 1609,
HOUSE BILL NO. 1945,
HOUSE BILL NO. 2011,
HOUSE JOINT RESOLUTION NO. 4208.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1033,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1110,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1292,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1360,
HOUSE BILL NO. 1367,
SECOND SUBSTITUTE HOUSE BILL NO. 1392,
HOUSE BILL NO. 1420,
HOUSE BILL NO. 1457,
HOUSE BILL NO. 1458,
HOUSE BILL NO. 1468,
SUBSTITUTE HOUSE BILL NO. 1474,
SUBSTITUTE HOUSE BILL NO. 1491,
SUBSTITUTE HOUSE BILL NO. 1499,
SUBSTITUTE HOUSE BILL NO. 1513,
HOUSE BILL NO. 1589,
SUBSTITUTE HOUSE BILL NO. 1632,
SUBSTITUTE HOUSE BILL NO. 1791,
HOUSE BILL NO. 2117,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2276.
MOTION
On motion of Senator Johnson, the Senate reverted to the third order of business.
MESSAGE FROM THE GOVERNOR
April 21, 1997
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 21, 1997, Governor Locke approved the following Senate Bills entitled:
SUBSTITUTE SENATE BILL NO. 5560
Relating to social card games.
SUBSTITUTE SENATE BILL NO. 5562
Relating to the involuntary commitment of mentally ill persons.
SENATE BILL NO. 5603
Relating to student records.
SUBSTITUTE SENATE BILL NO. 5621
Relating to registration of criminals who have victimized children.
SENATE BILL NO. 5626
Relating to transport tags for game.
SENATE BILL NO. 5642
Relating to limiting the number of fishers eligible to commercially fish for Puget Sound dungeness crab.
SUBSTITUTE SENATE BILL NO. 5653
Relating to the establishment of procedures for direct sale of timber from state-owned land.
ENGROSSED SENATE BILL NO. 5657
Relating to long-term leases of real estate on behalf of state agencies.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MOTION
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Sellar, Gubernatorial Appointment No. 9232, Dr. Thomas F. Sanquist, as a member of the Board of Pilotage Commissioners, was confirmed.
APPOINTMENT OF DR. THOMAS F. SANQUIST
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 4; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Sellar, Sheldon, Spanel, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 41. Absent: Senators Anderson, Finkbeiner, Horn and Schow - 4. Excused: Senators McCaslin, Roach, Snyder and Stevens - 4.MOTION
On motion of Senator Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Newhouse, the following resolution was adopted
. SENATE RESOLUTION 1997-8645
By Senators Newhouse and Deccio
WHEREAS, Citizens in the Yakima Valley have lost a dear friend, philanthropist, and community leader with the passing of life-long Valley resident Dan McDonald, Sr. at age ninety-six; and
WHEREAS, Dan McDonald, Sr. will always be remembered for publicly supporting his Japanese-American neighbors during World War II; for testifying in favor of Japanese-Americans at Congressional hearings on national defense issues; and for protecting his Japanese-American neighbors' belongings when they were evacuated to internment camps; and
WHEREAS, He graduated from Washington State University with a degree in agriculture and raised fruit and hops for many years with his wife, Virginia; and
WHEREAS, He served as a commissioner with the Washington State Soft Fruit Commission; worked as a member of the fruit cooperative which eventually became Snokist Growers; and was honored as “Man of the Year” at the 1952 Central Washington State Fair; and
WHEREAS, He served Yakima Valley through several public offices and community activities, including as a Yakima County Public Utility Commissioner, as a District Five Parker Heights School District board member; as a Yakima Valley Memorial Hospital finance committee member; as a trustee of the Konewock Ditch Company; and as a volunteer with the local Boy Scout troop; and
WHEREAS, He was a charter and life member of the Yakima Valley Sportsman Association and was honored in 1972 as “Old-Timer of the Year” for his years of dedication to conservation and his work on the game program for the state of Washington; and
WHEREAS, He was an active, life-long member of the Parker Heights Presbyterian Church where he served many terms on the Elder-Trustee Board, Deacon's Board, and Pastoral Search Board and established an endowment scholarship fund to aid church members who were graduating high school seniors; and
WHEREAS, We, in the Legislature, share the sense of loss and grief felt by his family, friends, community, and fellow WSU Cougar alumni;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby formally convey our most sincere condolences to the family of Dan McDonald, Sr. and especially his wife, Virginia; we thank them for sharing him with the state and the Yakima Valley; and we hereby urge all citizens of the state of Washington to join us in recognizing and honoring his life of service and his unprejudiced commitment to those less fortunate than him; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to the family of Dan McDonald, Sr.; Washington State University; the Yakima Chamber of Commerce; Yakima Valley Memorial Hospital; and Parker Heights Presbyterian Church.
Senators Newhouse, Deccio and Prentice spoke to Senate Resolution 1997-8645.
MOTION
On motion of Senator Fraser, the following resolution was adopted
. SENATE RESOLUTION 1997-8672
By Senators Fraser, McAuliffe, Kohl, Spanel, Brown, Patterson, Franklin and Fairley
WHEREAS, April 22 marks the twenty-seventh Earth Day; and
WHEREAS, This worldwide event is an annual opportunity for citizens to recommit themselves to a healthy environment and sustainable communities; and
WHEREAS, The number of people participating in Earth Day has grown from 20 million to more than 200 million people in one hundred forty-one countries; and
WHEREAS, Since the first Earth Day in 1970, the Washington State Legislature and Congress have enacted a number of important environmental laws, protecting our air, water, lands, and wildlife; and
WHEREAS, Washington citizens appreciate that air, water, soil, forests, minerals, rivers, lakes, oceans, scenic beauty, wildlife habitats, and biodiversity are fundamental to the health and wealth of our state and nation; and
WHEREAS, The protection and enhancement of these resources help stimulate our economy, enhance our quality of life, and ensure a viable future for our children and grandchildren;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognizes our obligation to protect our planet and the state of Washington for future generations; and
BE IT FURTHER RESOLVED, That the Senate supports citizen efforts and activities in communities throughout Washington and around the world to commemorate Earth Day and enhance and sustain our natural resources throughout the year.
Senators Fraser, McAuliffe and Thibaudeau spoke to Senate Resolution 1997-8672.
MOTION
On motion of Senator Hale, Senators McDonald and Sellar were excused.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5505 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that there is a need for development of additional water resources to meet the forecasted population growth in the state. It is the intent of chapter . . ., Laws of 1997 (this act) to direct the responsible agencies to assist applicants seeking a safe and reliable water source for their use. Providing this assistance for public water supply systems can be accomplished through assistance in the creation of municipal interties and transfers, additional storage capabilities, enhanced conservation efforts, and added efficiency standards for using existing supplies. Sec. 2. RCW 43.21A.064 and 1995 c 8 s 3 are each amended to read as follows: Subject to RCW 43.21A.068, the director of the department of ecology shall have the following powers and duties: (1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith; (2) Insofar as may be necessary to assure safety to life or property, ((he)) the director shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and ((he)) may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property; (3) ((He)) The director shall regulate and control the diversion of water in accordance with the rights thereto; (4) ((He)) The director shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes; (5) ((He)) The director shall, if requested, provide assistance to an applicant for a water right in obtaining or developing an adequate and appropriate supply of water consistent with the land use permitted for the area in which the water is to be used and the population forecast for the area under RCW 43.62.035. If the applicant is a public water supply system, the supply being sought must be used in a manner consistent with applicable land use, watershed and water system plans, and the population forecast for that area provided under RCW 43.62.035; (6) The director shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks. ((He)) The director shall keep a seal of the office, and all certificates ((by him)) covering any of ((his)) the director's acts or the acts of ((his)) the director's office, or the records and files of ((his)) that office, under such seal, shall be taken as evidence thereof in all courts; (((6) He)) (7) The director shall render when required by the governor, a full written report of the ((work of his office)) office's work with such recommendations for legislation as ((he may)) the director deems advisable for the better control and development of the water resources of the state; (((7))) (8) The director and duly authorized deputies may administer oaths; (((8) He)) (9) The director shall establish and promulgate rules governing the administration of chapter 90.03 RCW; (((9) He)) (10) The director shall perform such other duties as may be prescribed by law. NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Morton, the Senate concurred in the House amendment to Substitute Senate Bill No. 5505.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5505, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5505, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senators Deccio and Schow - 2. Excused: Senators McCaslin, McDonald, Sellar and Snyder - 4. SUBSTITUTE SENATE BILL NO. 5505, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 9, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5521 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 43.110.010 and 1990 c 104 s 1 are each amended to read as follows: There shall be a state agency which shall be known as the municipal research council. The council shall be composed of ((eighteen)) twenty-three members. Four members shall be appointed by the president of the senate, with equal representation from each of the two major political parties; four members shall be appointed by the speaker of the house of representatives, with equal representation from each of the two major political parties; one member shall be appointed by the governor independently; ((and the other)) nine members, who shall be city or town officials, shall be appointed by the governor from a list of nine nominees submitted by the board of directors of the association of Washington cities; and five members, who shall be county officials, shall be appointed by the governor, two of whom shall be from a list of two nominees submitted by the board of directors of the Washington association of county officials, and three of whom shall be from a list of three nominees submitted by the board of directors of the Washington state association of counties. Of the ((members appointed by the association)) city or town officials, at least one shall be an official of a city having a population of twenty thousand or more; at least one shall be an official of a city having a population of one thousand five hundred to twenty thousand; and at least one shall be an official of a town having a population of less than one thousand five hundred. The terms of members shall be for two years ((and shall not)). The terms of those members who are appointed as legislators or city, town, or county officials shall be dependent upon continuance in legislative ((or)), city, town, or county office. The terms of all members except legislative members shall commence on the first day of August in every odd-numbered year. The speaker of the house of representatives and the president of the senate shall make their appointments on or before the third Monday in January in each odd-numbered year, and the terms of the members thus appointed shall commence on the third Monday of January in each odd-numbered year. Council members shall receive no compensation but shall be reimbursed for travel expenses at rates in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, except that members of the council who are also members of the legislature shall be reimbursed at the rates provided by RCW 44.04.120. Sec. 2. RCW 43.110.030 and 1990 c 104 s 2 are each amended to read as follows: The municipal research council shall contract for the provision of municipal research and services to cities ((and)), towns, and counties. Contracts for municipal research and services shall be made with state agencies, educational institutions, or private consulting firms, that in the judgment of council members are qualified to provide such research and services. Contracts for staff support may be made with state agencies, educational institutions, or private consulting firms that in the judgment of the council members are qualified to provide such support. Municipal research and services shall consist of: (1) Studying and researching ((municipal)) city, town, and county government and issues relating to ((municipal)) city, town, and county government; (2) acquiring, preparing, and distributing publications related to ((municipal)) city, town, and county government and issues relating to ((municipal)) city, town, and county government; (3) providing educational conferences relating to ((municipal)) city, town, and county government and issues relating to ((municipal)) city, town, and county government; and (4) furnishing legal, technical, consultative, and field services to cities ((and)), towns, and counties concerning planning, public health, utility services, fire protection, law enforcement, public works, and other issues relating to ((municipal)) city, town, and county government. Requests for legal services by county officials shall be sent to the office of the county prosecuting attorney. Responses by the municipal research council to county requests for legal services shall be provided to the requesting official and the county prosecuting attorney. The activities, programs, and services of the municipal research council shall be carried on, and all expenditures shall be made, in cooperation with the cities and towns of the state acting through the board of directors of the association of Washington cities, which is recognized as their official agency or instrumentality, and in cooperation with counties of the state acting through the Washington state association of counties. Services to cities and towns shall be based upon the moneys appropriated to the municipal research council under RCW 82.44.160. Services to counties shall be based upon the moneys appropriated to the municipal research council from the county research services account under section 3 of this act. NEW SECTION. Sec. 3. A new section is added to chapter 43.110 RCW to read as follows: A special account is created in the state treasury to be known as the county research services account. The account shall consist of all money transferred to the account under RCW 82.08.170 or otherwise transferred or appropriated to the account by the legislature. Moneys in the account may be spent only after appropriation. The account is subject to the allotment process under chapter 43.88 RCW. Moneys in the county research services account may be expended only to finance the costs of county research. Sec. 4. RCW 82.08.170 and 1983 c 3 s 215 are each amended to read as follows: ((On the first day of)) (1) During the months of January, April, July and October of each year, the state treasurer shall make the apportionment and distribution of all moneys in the liquor excise tax fund to the counties, cities and towns in the following proportions: Twenty percent of the moneys in said liquor excise tax fund shall be divided among and distributed to the counties of the state in accordance with the provisions of RCW 66.08.200; eighty percent of the moneys in said liquor excise tax fund shall be divided among and distributed to the cities and towns of the state in accordance with the provisions of RCW 66.08.210. (2) Each fiscal quarter and prior to making the twenty percent distribution to counties under subsection (1) of this section, the treasurer shall transfer to the county research services account under section 3 of this act sufficient moneys that, when combined with any cash balance in the account, will fund the allotments from any legislative appropriations from the county research services account. Sec. 5. RCW 43.88.114 and 1983 c 22 s 2 are each amended to read as follows: Appropriations of funds to the municipal research council from motor vehicle excise taxes shall not be subject to allotment by the office of financial management. NEW SECTION. Sec. 6. 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 takes effect July 1, 1997.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator West moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5521.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator West that the Senate do concur in the House amendment to Substitute Senate Bill No. 5521.
The motion by Senator West carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5521.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5521, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5521, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators McCaslin, McDonald, Sellar and Snyder - 4. SUBSTITUTE SENATE BILL NO. 5521, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 17, 1997
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5571 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. (1) The legislature finds that failure to report and underreporting of industrial insurance premiums and unemployment insurance contributions creates, among other problems, a serious economic disadvantage for those employers who comply with the law. Based on the recommendations of a legislative task force that reviewed these issues, the legislature finds that some employers who comply with one of these laws, but fail to comply with the other, may be more likely to comply with both laws if employers were required to file their reports on a unified form. In addition, the agencies may be better able to coordinate efforts to enforce the reporting requirements if reporting information is provided to both agencies. (2) By January 1, 1998, the department of labor and industries and the employment security department shall jointly develop a plan, and report the plan to the appropriate committees of the legislature, for implementing a unified form for reporting industrial insurance premiums under Title 51 RCW and unemployment insurance contributions under Title 50 RCW beginning with reports due in calendar year 1999. The implementation plan must address at least the following: (a) The use of separate pages or separate sections on the form for each agency's report. The agencies may review but are not required to change coverage or reporting requirements in developing a unified form; (b) Procedures for employers to mail or electronically transmit the report to a central location with distribution to the agencies or other distribution alternative that provides the agencies with notice of the employers' filings; and (c) Methods to permit employers to make payment to both agencies in a single payment. (3) By January 1, 1998, the department of labor and industries and the employment security department shall report to the appropriate committees of the legislature the results of a study that cross-matches the names or the unified business identifier numbers, or both, of employers who file reports under Title 50 RCW or Title 51 RCW, or both. At a minimum, the report must include the number of employers who file a report under only one title and the results of the agency's investigating the failure to file a report under both titles. Sec. 2. RCW 51.04.030 and 1994 c 164 s 25 are each amended to read as follows: (1) The director shall supervise the providing of prompt and efficient care and treatment, including care provided by physician assistants governed by the provisions of chapters 18.57A and 18.71A RCW, acting under a supervising physician, and including chiropractic care, to workers injured during the course of their employment at the least cost consistent with promptness and efficiency, without discrimination or favoritism, and with as great uniformity as the various and diverse surrounding circumstances and locations of industries will permit and to that end shall, from time to time, establish and adopt and supervise the administration of printed forms, rules, regulations, and practices for the furnishing of such care and treatment: PROVIDED, That, the department may recommend to an injured worker particular health care services and providers where specialized treatment is indicated or where cost effective payment levels or rates are obtained by the department: AND PROVIDED FURTHER, That the department may enter into contracts for goods and services including, but not limited to, durable medical equipment so long as state-wide access to quality service is maintained for injured workers. (2) The director shall, in consultation with interested persons, establish and, in his or her discretion, periodically change as may be necessary, and make available a fee schedule of the maximum charges to be made by any physician, surgeon, chiropractor, hospital, druggist, physicians' assistants as defined in chapters 18.57A and 18.71A RCW, acting under a supervising physician or other agency or person rendering services to injured workers. The department shall coordinate with other state purchasers of health care services to establish as much consistency and uniformity in billing and coding practices as possible, taking into account the unique requirements and differences between programs. No service covered under this title, including services provided to injured workers, whether aliens or other injured workers, who are not residing in the United States at the time of receiving the services, shall be charged or paid at a rate or rates exceeding those specified in such fee schedule, and no contract providing for greater fees shall be valid as to the excess. The establishment of such a schedule, exclusive of conversion factors, does not constitute "agency action" as used in RCW 34.05.010(3), nor does such a fee schedule constitute a "rule" as used in RCW 34.05.010(15). (3) The director or self-insurer, as the case may be, shall make a record of the commencement of every disability and the termination thereof and, when bills are rendered for the care and treatment of injured workers, shall approve and pay those which conform to the adopted rules, regulations, established fee schedules, and practices of the director and may reject any bill or item thereof incurred in violation of the principles laid down in this section or the rules, regulations, or the established fee schedules and rules and regulations adopted under it. Sec. 3. RCW 51.32.110 and 1993 c 375 s 1 are each amended to read as follows: (1) Any worker entitled to receive any benefits or claiming such under this title shall, if requested by the department or self-insurer, submit himself or herself for medical examination, at a time and from time to time, at a place reasonably convenient for the worker and as may be provided by the rules of the department. An injured worker, whether an alien or other injured worker, who is not residing in the United States at the time that a medical examination is requested may be required to submit to an examination at any location in the United States determined by the department or self-insurer. (2) If the worker refuses to submit to medical examination, or obstructs the same, or, if any injured worker shall persist in unsanitary or injurious practices which tend to imperil or retard his or her recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to his or her recovery or refuse or obstruct evaluation or examination for the purpose of vocational rehabilitation or does not cooperate in reasonable efforts at such rehabilitation, the department or the self-insurer upon approval by the department, with notice to the worker may suspend any further action on any claim of such worker so long as such refusal, obstruction, noncooperation, or practice continues and reduce, suspend, or deny any compensation for such period: PROVIDED, That the department or the self-insurer shall not suspend any further action on any claim of a worker or reduce, suspend, or deny any compensation if a worker has good cause for refusing to submit to or to obstruct any examination, evaluation, treatment or practice requested by the department or required under this section. (3) If the worker necessarily incurs traveling expenses in attending the examination pursuant to the request of the department, such traveling expenses shall be repaid to him or her out of the accident fund upon proper voucher and audit or shall be repaid by the self-insurer, as the case may be. (4)(a) If the medical examination required by this section causes the worker to be absent from his or her work without pay: (i) In the case of a worker insured by the department, the worker shall be paid compensation out of the accident fund in an amount equal to his or her usual wages for the time lost from work while attending the medical examination; or (ii) In the case of a worker of a self-insurer, the self-insurer shall pay the worker an amount equal to his or her usual wages for the time lost from work while attending the medical examination. (b) This subsection (4) shall apply prospectively to all claims regardless of the date of injury. Sec. 4. RCW 50.29.070 and 1990 c 245 s 8 are each amended to read as follows: (1) Within a reasonable time after the computation date each employer shall be notified of the employer's rate of contribution as determined for the succeeding rate year and factors used in the calculation. The commissioner shall include on the notice sent to each employer in 1997 and 1998 the following information for the rate year immediately preceding the computation date: (a) The taxable wages reported by the employer; (b) The employer's contribution rate; (c) The contributions paid by the employer; (d)(i) The benefits charged to the employer's experience rating account; and (ii) The benefits not charged to the employer's experience rating account under RCW 50.29.020(2)(e); and (e) The dollar amount that represents the difference between (c) and (d) of this subsection, to be termed "share of employer's contribution that is socialized cost." The notice must include an explanation in plain language of socialized cost and the relationship of the employer's contribution to the support of socialized cost. (2) Any employer dissatisfied with the benefit charges made to the employer's account for the twelve-month period immediately preceding the computation date or with his or her determined rate may file a request for review and redetermination with the commissioner within thirty days of the mailing of the notice to the employer, showing the reason for such request. Should such request for review and redetermination be denied, the employer may, within thirty days of the mailing of such notice of denial, file with the appeal tribunal a petition for hearing which shall be heard in the same manner as a petition for denial of refund. The appellate procedure prescribed by this title for further appeal shall apply to all denials of review and redetermination under this section. Sec. 5. RCW 51.32.140 and 1971 ex.s. c 289 s 45 are each amended to read as follows: Except as otherwise provided by treaty or this title, whenever compensation is payable to a beneficiary who is an alien not residing in the United States, ((there shall be paid fifty percent of)) the department or self-insurer, as the case may be, shall pay the compensation ((herein otherwise provided)) to ((such)) which a resident beneficiary is entitled under this title. But if a nonresident alien beneficiary is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefit of such law in as favorable a degree as herein extended to nonresident aliens, he or she shall receive no compensation. No payment shall be made to any beneficiary residing in any country with which the United States does not maintain diplomatic relations when such payment is due. Sec. 6. RCW 51.08.050 and 1977 ex.s. c 350 s 11 are each amended to read as follows: "Dependent" means any of the following named relatives of a worker whose death results from any injury and who leaves surviving no widow, widower, or child, viz: father, mother, grandfather, grandmother, stepfather, stepmother, grandson, granddaughter, brother, sister, half-sister, half-brother, niece, nephew, who at the time of the accident are actually and necessarily dependent in whole or in part for their support upon the earnings of the worker((: PROVIDED, That unless otherwise provided by treaty, aliens other than father or mother, not residing within the United States at the time of the accident, are not included))." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Schow, the Senate concurred in the House amendment to Senate Bill No. 5571.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5571, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5571, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 16; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 29. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Spanel, Thibaudeau and Wojahn - 16. Excused: Senators McCaslin, McDonald, Sellar and Snyder - 4. SENATE BILL NO. 5571, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5590 with the following amendment(s):
On page 1, line 15, after “elements,” insert “providing technical assistance”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Morton moved that the Senate concur in the House amendment to Engrossed Senate Bill No. 5590.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Morton that the Senate do concur in the House amendment to Engrossed Senate Bill No. 5590.
The motion by Senator Morton carried and the Senate concurred in the House amendment to Engrossed Senate Bill No. 5590.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5590, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5590, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators McCaslin, McDonald, Sellar and Snyder - 4. ENGROSSED SENATE BILL NO. 5590, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Heavey was excused.
MESSAGE FROM THE HOUSE
April 9, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5676 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 18.140.010 and 1996 c 182 s 2 are each amended to read as follows: As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Appraisal" means the act or process of estimating value; an estimate of value; or of or pertaining to appraising and related functions. (2) "Appraisal report" means any communication, written or oral, of an appraisal, review, or consulting service in accordance with the standards of professional conduct or practice, adopted by the director, that is transmitted to the client upon completion of an assignment. (3) "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the value of specified interests in, or aspects of, identified real estate. The term "appraisal assignment" may apply to valuation work and analysis work. (4) "Brokers price opinion" means an oral or written report of property value that is prepared by a real estate broker or salesperson licensed under chapter 18.85 RCW ((for listing, sale, purchase, or rental purposes)). (5) "Certified appraisal" means an appraisal prepared or signed by a state-certified real estate appraiser. A certified appraisal represents to the public that it meets the appraisal standards defined in this chapter. (6) "Client" means any party for whom an appraiser performs a service. (7) "Committee" means the real estate appraiser advisory committee of the state of Washington. (8) "Comparative market analysis" means a brokers price opinion. (9) "Department" means the department of licensing. (10) "Director" means the director of the department of licensing. (11) "Expert review appraiser" means a state-certified or state-licensed real estate appraiser chosen by the director for the purpose of providing appraisal review assistance to the director. (12) "Federal department" means an executive department of the United States of America specifically concerned with housing finance issues, such as the department of housing and urban development, the department of veterans affairs, or their legal federal successors. (13) "Federal financial institutions regulatory agency" means the board of governors of the federal reserve system, the federal deposit insurance corporation, the office of the comptroller of the currency, the office of thrift supervision, the national credit union administration, their successors and/or such other agencies as may be named in future amendments to 12 U.S.C. Sec. 3350(6). (14) "Federal secondary mortgage marketing agency" means the federal national mortgage association, the government national mortgage association, the federal home loan mortgage corporation, their successors and/or such other similarly functioning housing finance agencies as may be federally chartered in the future. (15) "Federally related transaction" means any real estate-related financial transaction that the federal financial institutions regulatory agency or the resolution trust corporation engages in, contracts for, or regulates; and that requires the services of an appraiser. (16) "Financial institution" means any person doing business under the laws of this state or the United States relating to banks, bank holding companies, savings banks, trust companies, savings and loan associations, credit unions, consumer loan companies, and the affiliates, subsidiaries, and service corporations thereof. (((16))) (17) "Licensed appraisal" means an appraisal prepared or signed by a state-licensed real estate appraiser. A licensed appraisal represents to the public that it meets the appraisal standards defined in this chapter. (((17))) (18) "Mortgage broker" for the purpose of this chapter means a mortgage broker licensed under chapter 19.146 RCW, any mortgage broker approved and subject to audit by the federal national mortgage association, the government national mortgage association, or the federal home loan mortgage corporation as provided in RCW 19.146.020, any mortgage broker approved by the United States secretary of housing and urban development for participation in any mortgage insurance under the national housing act, 12 U.S.C. Sec. 1201, and the affiliates, subsidiaries, and service corporations thereof. (((18))) (19) "Real estate" means an identified parcel or tract of land, including improvements, if any. (((19))) (20) "Real estate-related financial transaction" means any transaction involving: (a) The sale, lease, purchase, investment in, or exchange of real property, including interests in property, or the financing thereof; (b) The refinancing of real property or interests in real property; and (c) The use of real property or interests in property as security for a loan or investment, including mortgage-backed securities. (21) "Real property" means one or more defined interests, benefits, or rights inherent in the ownership of real estate. (((20))) (22) "Review" means the act or process of critically studying an appraisal report prepared by another. (((21))) (23) "Specialized appraisal services" means all appraisal services which do not fall within the definition of appraisal assignment. The term "specialized appraisal service" may apply to valuation work and to analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an appraisal assignment and not a specialized appraisal service. (((22))) (24) "State-certified general real estate appraiser" means a person certified by the director to develop and communicate real estate appraisals of all types of property. A state-certified general real estate appraiser may designate or identify an appraisal rendered by him or her as a "certified appraisal." (((23))) (25) "State-certified residential real estate appraiser" means a person certified by the director to develop and communicate real estate appraisals of all types of residential property of one to four units without regard to transaction value or complexity and nonresidential property having a transaction value as specified in rules adopted by the director. A state certified residential real estate appraiser may designate or identify an appraisal rendered by him or her as a "certified appraisal." (((24))) (26) "State-licensed real estate appraiser" means a person licensed by the director to develop and communicate real estate appraisals of noncomplex one to four residential units and complex one to four residential units and nonresidential property having transaction values as specified in rules adopted by the director. Sec. 2. RCW 18.140.020 and 1996 c 182 s 3 are each amended to read as follows: (1) No person other than a state-certified or state-licensed real estate appraiser may receive compensation of any form for a real estate appraisal or an appraisal review. However, compensation may be provided for brokers price opinions prepared by a real estate licensee, licensed under chapter 18.85 RCW. (2) No person, other than a state-certified or state-licensed real estate appraiser, may assume or use that title or any title, designation, or abbreviation likely to create the impression of certification or licensure as a real estate appraiser by this state. (3) A person who is not certified or licensed under this chapter shall not prepare any appraisal of real estate located in this state, except as provided under subsection (1) of this section. (4) This section does not preclude a staff employee of a governmental entity from performing an appraisal or an appraisal assignment within the scope of his or her employment insofar as the performance of official duties for the governmental entity are concerned. Such an activity for the benefit of the governmental entity is exempt from the requirements of this chapter. (5) This ((section)) chapter does not preclude an individual person licensed by the state of Washington as a real estate broker or as a real estate salesperson ((and who performs)) from issuing a brokers price opinion ((as a service to a prospective seller, buyer, lessor, or lessee as the only intended user, and not for dissemination to a third party, within the scope of his or her employment or agency. Such an activity for the sole benefit of the prospective seller, buyer, lessor, or lessee is exempt from the requirements of this chapter)). However, if the brokers price opinion is written, or given as evidence in any legal proceeding, and is issued to a person who is not a prospective seller, buyer, lessor, or lessee as the only intended user, then the brokers price opinion shall contain a statement, in an obvious location within the written document or specifically and affirmatively in spoken testimony, that substantially states: "This brokers price opinion is not an appraisal as defined in chapter 18.140 RCW and has been prepared by a real estate licensee, licensed under chapter 18.85 RCW, who . . . . . (is/is not) also state certified or state licensed as a real estate appraiser under chapter 18.140 RCW." However, the brokers price opinion issued under this subsection may not be used as an appraisal in conjunction with a federally related transaction. (6) This section does not apply to an appraisal or an appraisal review performed for a financial institution or mortgage broker((, whether conducted)) by an employee ((or third party)), when such appraisal or appraisal review is not required to be performed by a state-certified or state-licensed real estate appraiser by the appropriate federal financial institutions regulatory agency. (7) This section does not apply to an attorney licensed to practice law in this state or to a certified public accountant, as defined in RCW 18.04.025, who evaluates real property in the normal scope of his or her professional services. NEW SECTION. Sec. 3. 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 takes effect July 1, 1997." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Schow, the Senate concurred in the House amendment to Substitute Senate Bill No. 5676.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5676, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5676, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Heavey, McCaslin, McDonald, Sellar and Snyder - 5. SUBSTITUTE SENATE BILL NO. 5676, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5759 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 4.24.550 and 1996 c 215 s 1 are each amended to read as follows: (1) Public agencies are authorized to release ((relevant and necessary)) information to the public regarding sex offenders ((to the public when the release of the information is necessary for public protection)) when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9.94A.030; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW. (2) The extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety. (3) Local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; and (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large. (4) Local law enforcement agencies ((and officials who decide to release)) that disseminate information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all sex offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the sex offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date. ((If a change occurs in the release plan, this notification provision will not require an extension of the release date. The department of corrections and the department of social and health services shall provide local law enforcement officials with all relevant information on sex offenders about to be released or placed into the community in a timely manner. When a sex offender under county jurisdiction will be released from jail and will reside in a county other than the county of incarceration, the chief law enforcement officer of the jail, or his or her designee, shall notify the sheriff in the county where the offender will reside of the offender's release as provided in RCW 70.48.470. (3))) (5) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary ((decision to release)) risk level classification decisions ((and the)) or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The ((authorization and)) immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding((: (a) A person convicted of, or juvenile found to have committed, a sex offense as defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06 RCW; or (e) a person committed as a sexually violent predator under chapter 71.09 RCW)) any individual for whom disclosure is authorized. The decision of a local law enforcement agency or official to classify a sex offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees ((or officials)), or public agencies, and to the general public. (((4))) (6) Except as may otherwise be provided by ((statute)) law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information ((as provided in subsections (2) and (3) of)) authorized under this section. (((5))) (7) Nothing in this section implies that information regarding persons designated in subsection((s (2) and (3))) (1) of this section is confidential except as may otherwise be provided by ((statute)) law. (8) When a local law enforcement agency or official classifies a sex offender differently than the offender is classified by the department of corrections, the department of social and health services, or the indeterminate sentence review board, the law enforcement agency or official shall notify the appropriate department or the board and submit its reasons supporting the change in classification. Sec. 2. RCW 13.40.217 and 1990 c 3 s 102 are each amended to read as follows: (1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning juveniles adjudicated of sex offenses. (2) In order for public agencies to have the information necessary for notifying the public about sex offenders as authorized in RCW 4.24.550, the secretary shall issue to appropriate law enforcement agencies narrative notices regarding the pending release of sex offenders from the department's juvenile rehabilitation facilities. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall include the department's risk level classification for the offender. For sex offenders classified as either risk level II or III, the narrative notices shall also include the reasons underlying the classification. (3) For the purposes of this section, the department shall classify as risk level I those offenders whose risk assessments indicate a low risk of reoffense within the community at large. The department shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The department shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large. Sec. 3. RCW 70.48.470 and 1996 c 215 s 2 are each amended to read as follows: (1) A person having charge of a jail shall notify in writing any confined person who is in the custody of the jail for a conviction of a ((sexual [sex])) sex offense as defined in RCW 9.94A.030 of the registration requirements of RCW 9A.44.130 at the time of the inmate's release from confinement, and shall obtain written acknowledgment of such notification. The person shall also obtain from the inmate the county of the inmate's residence upon release from jail and, where applicable, the city. (2) ((If an inmate convicted of a sexual offense will reside in a county other than the county of incarceration upon release, the chief law enforcement officer, or his or her designee, shall notify the sheriff of the county where the inmate will reside of the inmate's impending release. Notice shall be provided at least fourteen days prior to the inmate's release, or if the release date is not known at least fourteen days prior to release, notice shall be provided not later than the day after the inmate's release)) When a sex offender under local government jurisdiction will reside in a county other than the county of conviction upon discharge or release, the chief law enforcement officer of the jail or his or her designee shall give notice of the inmate's discharge or release to the sheriff of the county and, where applicable, to the police chief of the city where the offender will reside. NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows: (1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning offenders convicted of sex offenses. (2) In order for public agencies to have the information necessary to notify the public as authorized in RCW 4.24.550, the secretary shall establish and administer an end-of-sentence review committee for the purposes of assigning risk levels, reviewing available release plans, and making appropriate referrals for sex offenders. The committee shall assess, on a case-by-case basis, the public risk posed by sex offenders who are: (a) Preparing for their release from confinement for sex offenses committed on or after July 1, 1984; and (b) accepted from another state under a reciprocal agreement under the interstate compact authorized in chapter 72.74 RCW. (3) Notwithstanding any other provision of law, the committee shall have access to all relevant records and information in the possession of public agencies relating to the offenders under review, including police reports; prosecutors' statements of probable cause; presentence investigations and reports; complete judgments and sentences; current classification referrals; criminal history summaries; violation and disciplinary reports; all psychological evaluations and psychiatric hospital reports; sex offender treatment program reports; and juvenile records. Records and information obtained under this subsection shall not be disclosed outside the committee unless otherwise authorized by law. (4) The committee shall review each sex offender under its authority before the offender's release from confinement or start of the offender's term of community placement or community custody in order to: (a) Classify the offender into a risk level for the purposes of public notification under RCW 4.24.550; (b) where available, review the offender's proposed release plan in accordance with the requirements of RCW 72.09.340; and (c) make appropriate referrals. (5) The committee shall classify as risk level I those sex offenders whose risk assessments indicate a low risk of reoffense within the community at large. The committee shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The committee shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large. (6) The committee shall issue to appropriate law enforcement agencies, for their use in making public notifications under RCW 4.24.550, narrative notices regarding the pending release of sex offenders from the department's facilities. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall include the department's risk level classification for the offender. For sex offenders classified as either risk level II or III, the narrative notices shall also include the reasons underlying the classification. Sec. 5. RCW 9.95.145 and 1990 c 3 s 127 are each amended to read as follows: (1) In addition to any other information required to be released under this chapter, the indeterminate sentence review board may, pursuant to RCW 4.24.550, release information concerning inmates under the jurisdiction of the indeterminate sentence review board who are convicted of sex offenses as defined in RCW 9.94A.030. (2) In order for public agencies to have the information necessary for notifying the public about sex offenders as authorized in RCW 4.24.550, the board shall issue to appropriate law enforcement agencies narrative notices regarding the pending release from confinement of sex offenders under the board's jurisdiction. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender. For sex offenders being discharged from custody on serving the maximum punishment provided by law or fixed by the court, the narrative notices shall also include the board's risk level classification for the offender and the reasons underlying the classification. (3) For the purposes of this section, the board shall classify as risk level I those offenders whose risk assessments indicate a low risk of reoffense within the community at large. The board shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The board shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large. NEW SECTION. Sec. 6. (1) By December 1, 1997, the Washington association of sheriffs and police chiefs shall develop a model policy for law enforcement agencies to follow when they disclose information about sex offenders to the public under RCW 4.24.550. The model policy shall be designed to further the objectives of providing adequate notice to the community concerning sex offenders who are or will be residing in the community and of assisting community members in developing constructive plans to prepare themselves and their children for residing near released sex offenders. (2) In developing the policy, the association shall consult with representatives of the following agencies and professions: (a) The department of corrections; (b) the department of social and health services; (c) the indeterminate sentence review board; (d) the Washington state council of police officers; (e) local correctional agencies; (f) the Washington association of prosecuting attorneys; (g) the Washington public defender association; (h) the Washington association for the treatment of sexual abusers; and (i) victim advocates. (3) The model policy shall, at a minimum, include recommendations to address the following issues: (a) Procedures for local agencies or officials to accomplish the notifications required under RCW 4.24.550(8); (b) contents and form of community notification documents, including procedures for ensuring the accuracy of factual information contained in the notification documents, and ways of protecting the privacy of victims of the offenders' crimes; (c) methods of distributing community notification documents; (d) methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other jurisdictions if necessary to protect the public; (e) methods of educating community residents at public meetings on how they can use the information in the notification document in a reasonable manner to enhance their individual and collective safety; (f) procedures for educating community members regarding the right of sex offenders not to be the subject of harassment or criminal acts as a result of the notification process; and (g) other matters the Washington association of sheriffs and police chiefs deems necessary to ensure the effective and fair administration of RCW 4.24.550. NEW SECTION. Sec. 7. (1) The department of corrections, the department of social and health services, and the indeterminate sentence review board shall jointly develop, by September 1, 1997, a consistent approach to risk assessment for the purposes of implementing this act, including consistent standards for classifying sex offenders into risk levels I, II, and III. (2) The department of social and health services, the department of corrections, and the indeterminate sentence review board shall each prepare and deliver to the legislature, by December 1, 1998, a report indicating the number of sex offenders released after the effective date of this section and classified in each level of risk category. The reports shall also include information on the number, jurisdictions, and circumstances where the risk level classification made by a local law enforcement agency or official for specific sex offenders differed from the risk level classification made by the department or the indeterminate sentence review board for the same offender. NEW SECTION. Sec. 8. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void. NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Long moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5759.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 5759.
The motion by Senator Long carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5759.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5759, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5759, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senator Prince - 1. Excused: Senators McCaslin, McDonald, Sellar and Snyder - 4. ENGROSSED SUBSTITUTE SENATE BILL NO. 5759, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5770 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds unacceptable laws that bar legitimate and appropriate inquiries about the activities of public agencies in abuse and neglect cases, for they frustrate the ability of the legislature to set informed policy and act in appropriate oversight capacity; impair the ability of independent government agencies to determine the effectiveness of services, staff, and funding; corrode public trust; and undermine the right of the public to determine whether abused and neglected children are being adequately protected. The legislature therefore finds a compelling need to reform the confidentiality laws and declares its intent, by enactment of this act, to increase the capacity for oversight and monitoring of the child welfare system, to increase information available to the public, and to increase accountability among the agencies involved in the system. The legislature finds that the privacy of children and their families in child abuse and neglect cases must be safeguarded, but that the interests of children, their families, and the public are best protected by increased knowledge and oversight concerning the system, and by greater accountability; and therefore declares that this privacy must be balanced with the appropriate release of information concerning these cases. When the child has died, the legislature finds that disclosure is strongly in the public interest. NEW SECTION. Sec. 2. (1) Consistent with the provisions of chapter 42.17 RCW and applicable federal law, the secretary, or the secretary's designee, shall disclose information regarding the abuse or neglect of a child, the investigation of the abuse or neglect, and any services related to the abuse or neglect of a child if any one of the following factors is present: (a) The subject of the report has been charged in an accusatory instrument with committing a crime related to a report maintained by the department in its case and management information system; (b) The investigation of the abuse or neglect of the child by the department or the provision of services by the department has been publicly disclosed in a report required to be disclosed in the course of their official duties, by a law enforcement agency or official, a prosecuting attorney, any other state or local investigative agency or official, or by a judge of the superior court; (c) There has been a prior knowing, voluntary public disclosure by an individual concerning a report of child abuse or neglect in which such individual is named as the subject of the report; or (d) The child named in the report has died and the child's death resulted from abuse or neglect or the child was in the care of, or receiving services from the department at the time of death or within twelve months before death. (2) The secretary is not required to disclose information if the factors in subsection (1) of this section are present if he or she specifically determines the disclosure is contrary to the best interests of the child, the child's siblings, or other children in the household. (3) Except for cases in subsection (1)(d) of this section, requests for information under this section shall specifically identify the case about which information is sought and the facts that support a determination that one of the factors specified in subsection (1) of this section is present. NEW SECTION. Sec. 3. For purposes of section 2 of this act, the following information shall be disclosable: (1) The name of the abused or neglected child; (2) The determination made by the department of the referrals, if any, for abuse or neglect; (3) Identification of child protective or other services provided or actions, if any, taken regarding the child named in the report and his or her family as a result of any such report or reports. These records include but are not limited to administrative reports of fatality, fatality review reports, case files, inspection reports, and reports relating to social work practice issues; and (4) Any actions taken by the department in response to reports of abuse or neglect of the child. NEW SECTION. Sec. 4. In determining under section 2 of this act whether disclosure will be contrary to the best interests of the child, the secretary, or the secretary's designee, must consider the effects which disclosure may have on efforts to reunite and provide services to the family.
NEW SECTION. Sec. 5. For purposes of section 2(1)(d) of this act, the secretary must make the fullest possible disclosure consistent with chapter 42.17 RCW and applicable federal law in cases of all fatalities of children who were in the care of, or receiving services from, the department at the time of their death or within the twelve months previous to their death. If the secretary specifically determines that disclosure of the name of the deceased child is contrary to the best interests of the child's siblings or other children in the household, the secretary may remove personally identifying information. For the purposes of this section, "personally identifying information" means the name, street address, social security number, and day of birth of the child who died and of private persons who are relatives of the child named in child welfare records. "Personally identifying information" shall not include the month or year of birth of the child who has died. Once this personally identifying information is removed, the remainder of the records pertaining to a child who has died must be released regardless of whether the remaining facts in the records are embarrassing to the unidentifiable other private parties or to identifiable public workers who handled the case. NEW SECTION. Sec. 6. Except as it applies directly to the cause of the abuse or neglect of the child and any actions taken by the department in response to reports of abuse or neglect of the child, nothing in sections 2 through 5 of this act is deemed to authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials, or information pertaining to the child or the child's family. NEW SECTION. Sec. 7. The department, when acting in good faith, is immune from any criminal or civil liability, except as provided under RCW 42.17.340, for any action taken under sections 1 through 6 of this act. NEW SECTION. Sec. 8. 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, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state. NEW SECTION. Sec. 9. Sections 1 through 7 of this act are each added to chapter 74.13 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Long moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5770.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate do concur in the House amendment to Substitute Senate Bill No. 5770.
The motion by Senator Long carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5770.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5770, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5770, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McCaslin and Snyder - 2. SUBSTITUTE SENATE BILL NO. 5770, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5768 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that the rate of unemployment among persons with developmental disabilities is high due to the limited employment opportunities available to disabled persons. Given that persons with disabilities are capable of filling employment positions in the general work force population, supported employment is an effective way of integrating such individuals into the general work force population. The creation of supported employment programs can increase the types and availability of employment positions for persons with developmental disabilities. NEW SECTION. Sec. 2. Unless the context clearly requires otherwise the definitions in this section apply throughout sections 3 through 5 of this act. (1) "Developmental disability" means a disability as defined in RCW 71A.10.020. (2) "Supported employment" means employment for individuals with developmental disabilities who may require on-the-job training and long-term support in order to fulfill their job duties successfully. Supported employment offers the same wages and benefits as similar nonsupported employment positions. (3) "State agency" means any office, department, division, bureau, board, commission, community college or institution of higher education, or agency of the state of Washington. NEW SECTION. Sec. 3. State agencies are encouraged to participate in supported employment activities. The department of social and health services, in conjunction with the department of personnel and the office of financial management, shall identify agencies that have positions and funding conducive to implementing supported employment. An agency may only participate in supported employment activities pursuant to this section if the agency is able to operate the program within its existing budget. These agencies shall: (1) Designate a coordinator who will be responsible for information and resource referral regarding the agency's supported employment program. The coordinator shall serve as a liaison between the agency and the department of personnel regarding supported employment; (2) Submit an annual update to the department of social and health services, the department of personnel, and the office of financial management. The annual update shall include: A description of the agency's supported employment efforts, the number of persons placed in supported employment positions, recommendations concerning expanding the supported employment program to include people with mental disabilities or other disabilities, and an overall evaluation of the effectiveness of supported employment for the agency. NEW SECTION. Sec. 4. The department of social and health services and the department of personnel shall, after consultation with supported employment provider associations and other interested parties, encourage, educate, and assist state agencies in implementing supported employment programs. The department of personnel shall provide human resources technical assistance to agencies implementing supported employment programs. The department of personnel shall make available, upon request of the legislature, an annual report that evaluates the overall progress of supported employment in state government. NEW SECTION. Sec. 5. The creation of supported employment positions under sections 3 and 4 of this act shall not count against an agency's allotted full-time equivalent employee positions. Supported employment programs are not intended to displace employees or abrogate any reduction-in-force rights. NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each added to chapter 41.04 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Horn moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5768.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Horn that the Senate do concur in the House amendment to Substitute Senate Bill No. 5768.
The motion by Senator Long carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5768.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5768, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5768, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senator Swecker - 1. Excused: Senators Loveland, McCaslin and Snyder - 3. SUBSTITUTE SENATE BILL NO. 5768, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 18, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5104 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that pheasant populations in eastern Washington have greatly decreased from their historic high levels and that pheasant hunting success rates have plummeted. The number of pheasant hunters has decreased due to reduced hunting success. There is an opportunity to enhance the pheasant population by release of pen-reared pheasants and habitat enhancements to create increased hunting opportunities on publicly owned and managed lands. NEW SECTION. Sec. 2. There is created within the department the eastern Washington pheasant enhancement program. The purpose of the program is to improve the harvest of pheasants by releasing pen-reared rooster pheasants on sites accessible for public hunting and by providing grants for habitat enhancement on public or private lands under agreement with the department. The department may either purchase rooster pheasants from private contractors, or produce rooster pheasants from department-sanctioned cooperative projects, whichever is less expensive, provided that the pheasants released meet minimum department standards for health and maturity. Any surplus hen pheasants from pheasant farms or projects operated by the department or the department of corrections for this enhancement program shall be made available to landowners who voluntarily open their lands to public pheasant hunting. Pheasants produced for the eastern Washington pheasant enhancement program must not detrimentally affect the production or operation of the department's western Washington pheasant release program. The release of pheasants for hunting purposes must not conflict with or supplant other department efforts to improve upland bird habitat or naturally produced upland birds. NEW SECTION. Sec. 3. The commission must establish special pheasant hunting opportunities for juvenile hunters in eastern Washington for the 1998 season and future seasons. NEW SECTION. Sec. 4. Beginning September 1, 1997, a person who hunts for pheasant in eastern Washington must pay an annual surcharge of ten dollars, in addition to other licensing requirements. Funds from the surcharge must be deposited in the eastern Washington pheasant enhancement account created in section 5 of this act. NEW SECTION. Sec. 5. The eastern Washington pheasant enhancement account is created in the custody of the state treasurer. All receipts under section 4 of this act must be deposited in the account. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the eastern Washington pheasant enhancement program. The department may use moneys from the account to improve pheasant habitat or to purchase or produce pheasants. Not less than eighty percent of expenditures from the account must be used to purchase or produce pheasants. The eastern Washington pheasant enhancement account funds must not be used for the purchase of land. The account may be used to offer grants to improve pheasant habitat on public or private lands that are open to public hunting. The department may enter partnerships with private landowners, nonprofit corporations, cooperative groups, and federal or state agencies for the purposes of pheasant habitat enhancement in areas that will be available for public hunting. NEW SECTION. Sec. 6. The department of fish and wildlife must jointly investigate with the department of corrections the feasibility of producing pheasants for the eastern Washington pheasant enhancement program utilizing inmate labor and facilities at the Walla Walla state penitentiary or other eastern Washington state correctional facilities. The investigation must include a comparison of the costs of producing pheasants at a correctional facility versus the costs of purchasing pheasants for this enhancement program. The two departments must report their findings to the senate and house of representatives natural resources committees on or before January 1, 1998. NEW SECTION. Sec. 7. Sections 2 through 5 of this act are each added to chapter 77.12 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator West moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5104.
Debate ensued.
POINT OF INQUIRY
Senator Haugen: “Senator Oke, does this mean that with this, you will be closing my pheasant farm on Whidbey Island?”
Senator Oke: “We will not be closing the farm, but we will be reducing what has been done there in the past. We will be taking away the full time person. After the chicks are old enough, we will move them up there and have pheasants for your area and I think the program will even get better.”
The President declared the question before the Senate to be the motion by Senator West that the Senate do concur in the House amendment to Substitute Senate Bill No. 5104.
The motion by Senator West carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5104.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5104, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5104, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 9; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 37. Voting nay: Senators Fairley, Fraser, Heavey, Kohl, McAuliffe, Spanel, Swanson, Thibaudeau and Wojahn - 9. Excused: Senators Loveland, McCaslin and Snyder - 3. SUBSTITUTE SENATE BILL NO. 5104, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5781 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 35.13A.030 and 1971 ex.s. c 95 s 3 are each amended to read as follows: Whenever a portion of a ((water district or sewer)) water-sewer district equal to at least sixty percent of the area or sixty percent of the assessed valuation of the real property lying within such district, is included within the corporate boundaries of a city, the city may either: (1) Assume by ordinance the full and complete management and control of that portion of the entire district that is contiguous to the city and not included within another city, ((whereupon)) if the district voters of such an area approve a ballot proposition authorizing the assumption requested by the city, submitted to these voters by the board of commissioners of the district. The provisions of RCW 35.13A.020 shall be operative if the city proceeds under this subsection and any rates that are charged for service outside of the city shall be reasonable to all parties; or (2) The city may proceed directly under the provisions of RCW 35.13A.050. The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080. Sec. 2. RCW 35.13A.050 and 1971 ex.s. c 95 s 5 are each amended to read as follows: When electing under RCW 35.13A.030 or 35.13A.040 to proceed under this section, the city may assume, by ordinance, jurisdiction of the district's responsibilities, property, facilities and equipment within the corporate limits of the city((: PROVIDED, That)). If on the effective date of such an ordinance the territory of the district included within the city contains any facilities serving or designed to serve any portion of the district outside the corporate limits of the city or if the territory lying within the district and outside the city contains any facilities serving or designed to serve territory included within the city (which facilities are hereafter in this section called the "serving facilities"), the city or district shall for the economically useful life of any such serving facilities make available sufficient capacity therein to serve the sewage, drainage, or water requirements of such territory, to the extent that such facilities were designed to serve such territory at a rate charged to the municipality being served which is reasonable to all parties. In the event a city proceeds under this section, the ((district may elect upon a favorable vote of a majority of all voters within the district voting upon such propositions to require the)) city shall be required to assume responsibility for ((the operation and maintenance of)) operating and maintaining the district's property, facilities and equipment throughout that portion of the entire district that is contiguous to the city but not included in any other city and ((to)) the district shall pay the city a charge for such operation and maintenance which is reasonable under all of the circumstances, if the voters of the district who reside in such an area approve a ballot proposition providing for this transfer of responsibility, submitted to the voters by the board of commissioners of the district. A city acquiring property, facilities and equipment under the provisions of this section shall acquire such property, facilities and equipment, and fix and collect service and other charges from owners and occupants of properties served by the city, subject, to any contractual obligations of the district which relate to the property, facilities, or equipment so acquired by the city or which are secured by taxes, assessments or revenues from the territory of the district included within the city. In such cases, the property included within the city and the owners and occupants thereof shall continue to be liable for payment of its and their proportionate share of any outstanding district indebtedness. The district and its officers shall continue to levy taxes and assessments on and to collect service and other charges from such property, or owners or occupants thereof, to enforce such collections, and to perform all other acts necessary to insure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city. The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080. Sec. 3. RCW 57.08.065 and 1996 c 230 s 313 are each amended to read as follows: (1) A district shall have power to establish, maintain, and operate a mutual water, sewer, drainage, and street lighting system, a mutual system of any two or three of the systems, or separate systems. (2) Where any two or more districts include the same territory as of July 1, 1997, none of the overlapping districts may provide any service that was made available by any of the other districts prior to July 1, 1997, within the overlapping territory without the consent by resolution of the board of commissioners of the other district or districts. (3) A district that was a water district prior to July 1, 1997, that did not operate a sewer or drainage system prior to July 1, 1997, may not proceed to exercise the powers to establish, maintain, construct, and operate any sewer or drainage system without first obtaining written approval by resolution of the city or town in whose jurisdiction it proposes to exercise such powers and certification of necessity from the department of ecology and department of health. Any comprehensive plan for a sewer or drainage system ((of sewers)) or addition thereto or betterment thereof proposed by a district that was a water district prior to July 1, 1997, shall be approved by the same county, city, town, and state officials as were required to approve such plans adopted by a sewer district immediately prior to July 1, 1997, and as subsequently may be required." Correct the title., and the same are herewith transmitted.TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hale moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 5781 and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 5781 and asks the House to recede therefrom.
The motion by Senator Hale carried and the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5781 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 18, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5574 with the following amendment(s):
Beginning on page 3, line 9, strike everything through "parcels." on page 4, line 5, and insert: “(2) The treasurer shall notify each taxpayer in the county, at the expense of the county, of the amount of the real and personal property, and the current and delinquent amount of tax due on the same; and the treasurer shall have printed on the notice the name of each tax and the levy made on the same. (3) As soon as practical, but not later than the first tax year after a major change in data systems or software used by the treasurer, the notice shall at a minimum contain the following information and this information must be separately stated on the notice: (a) The name and address of the taxpayer; (b) The name, address, and telephone number of the county issuing the notice; (c) The parcel number as noted in the county records; (d) The property address if one exists, or the abbreviated legal description; (e) The year for which the taxes are due; (f) The assessed valuation of the parcel's land value and improvement value, and the assessment year, determined by the county assessor's office; (g) Current billing information containing each type of taxing jurisdiction levying a tax on the identified parcel, and the total amount due for each type of taxing jurisdiction: (i) As a result of regular property taxes, expressed as a dollar amount; and (ii) As a result of the aggregate of all voter-approved levies, including special levies and assessments, expressed as a dollar amount; (h) The total taxes due and payable from the taxpayer, including any delinquent taxes when included and any interest or penalties due as of a specific future date. The treasurer shall include a phone number for current interest and penalty calculations; and (i) A notice of the payment due dates and possible delinquency penalties and interest. (4) In any county where the county treasurer includes multiple parcels of land on a combined tax statement to a single owner, the county treasurer is not required to comply with subsection (3)(d) and (g) of this section. A taxpayer may request a separate tax statement on any or all parcels. (5)" Renumber subsections consecutively and correct any internal references accordingly., and the same are herewith transmitted. TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hale moved that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 5574 and requests of the House a conference thereon.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 5574 and requests of the House a conference thereon.
The motion by Senator Hale carried and the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 5574 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 5574 and the House amendment thereto: Senators Horn, Patterson and Swecker.
MOTION
On motion of Senator Hale, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 9, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5491 with the following amendment(s):
On page 1, beginning on line 5, strike section 1.Correct the title and renumber remaining sections consecutively. On page 6, after line 33, insert “(3) That the child is currently a dependent child under RCW 13.34.030(4); and”
Renumber remaining subsections consecutively and correct internal references accordingly. On page 7, line 20, after “future;” strike “((and))” and insert “and” On page 7, beginning on line 23, after “home;” strike all matter through “based;” on line 26. On page 8, line 36, after “evidence” insert “. The findings of a prior dependency shall not form the basis for establishing allegations (3) through (7) of RCW 13.34.180" On page 9, line 2, after “(2),” strike “(5),((and))” and insert “(((5), and)) (3)”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Hargrove, the Senate refuses to concur in the House amendments to Engrossed Substitute Senate Bill No. 5491 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 5491 and the House amendments thereto: Senators Long, Franklin and Stevens.
MOTION
On motion of Senator Hargrove, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 9, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5327 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. In an effort to increase the amount of habitat available for fish and wildlife, the legislature finds that it is desirable for the department of fish and wildlife and other interested parties to work closely with private landowners to achieve habitat enhancements. In some instances, private landowners avoid enhancing habitat because of a concern that the presence of fish or wildlife may make future land management more difficult. It is the intent of this act to provide a mechanism that facilitates habitat development while avoiding an adverse impact on the landowner at a later date. NEW SECTION. Sec. 2. (1) The department of fish and wildlife shall initiate a habitat incentives program in two phases. In creating this program, the department shall make use of and complement other study efforts underway relating to habitat protection and enhancement, including the department's own review of the hydraulic project approval process, the forestry module under development for the forest practices board dealing with practices within riparian areas, and the study on permitting requirements by the regional fisheries enhancement groups called for in chapter . . . (Second Substitute Senate Bill No. 5886), Laws of 1997. (2) In phase one, the department of fish and wildlife shall work with affected federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the department of natural resources, and other interested parties to identify appropriate criteria and other factors necessary for implementation of the habitat incentives program. The department in concert with the interested parties shall identify at least the following elements for implementation of the program: (a) The factors and the approach that the department should use in evaluating and weighing the benefits and concurrent risks of entering into a habitat incentives agreement with a landowner; (b) The approach to be used in assigning responsibilities for implementation of the agreement to the landowner and to the department; (c) Assignment of responsibility for documentation of the conditions on a landowner's property prior to the department's entering into a habitat incentives agreement; (d) The process to be used when a landowner who has entered into a habitat incentives agreement applies for hydraulic project approval during the term of the agreement; (e) The process to be used to monitor and evaluate whether actions taken as a part of the agreement actually enhance habitat for the target species and to amend the agreement if the existing agreement is not enhancing habitat; (f) The conditions under which the department and the landowner may terminate the agreement and the remedies if either party breaches the terms of the agreement; (g) The means for ensuring that the department is notified if the property covered by the agreement is sold or otherwise transferred into other ownership; (h) The process to be used for reaching concurrence between the landowner, the department, the department of natural resources, and affected federally recognized Indian tribes; and (i) The process to be used in prioritizing proposed agreements if the requests for agreements exceed the funding available for entering into and implementing such agreements. The department and the interested parties may identify and propose solutions to other issues necessary in order to implement the habitat incentives program. The department and the interested parties shall report to the legislature on their findings as well as on any other recommendations for implementation and funding for the habitat incentives program by December 1, 1997. NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows: (1) Beginning in January 1998, the department shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the department of natural resources, and other interested parties. The program shall allow a private landowner to enter into an agreement with the department to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive more state regulatory certainty with regard to future applications for hydraulic project approval on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the department and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the department, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The department is not obligated to enter into an agreement unless the department finds that the agreement is in the best interest of protecting fish or wildlife species or habitat. (2) A habitat enhancement agreement shall be in writing and shall contain at least the following: A description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the department for future reference and decisions. (3) As part of the agreement, the department may stipulate the factors that will be considered when the department evaluates a landowner's application for hydraulic project approval under RCW 75.20.100 or 75.20.103 on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of hydraulic project approval shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise. (4) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the department may jointly choose to retain the agreement on the property. (5) If, during the course of the agreement, the landowner or the department must alter some terms of the agreement in order to comply with federal laws or regulations, the remaining terms of the agreement shall continue to remain binding on the parties. (6) If the department receives multiple requests for agreements with private landowners under the habitat incentives program, the department shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources. NEW SECTION. Sec. 4. A new section is added to chapter 75.20 RCW to read as follows: When a private landowner is applying for hydraulic project approval under this chapter and that landowner has entered into a habitat incentives agreement with the department as provided in section 3 of this act, the department shall comply with the terms of that agreement when evaluating the request for hydraulic project approval. NEW SECTION. Sec. 5. The department of fish and wildlife and the department of natural resources, in conjunction with the timber-fish-wildlife cooperators, shall investigate the feasibility of providing private landowners with more state level regulatory certainty with regard to forest practices regulations in exchange for a landowner's enhancement of habitat for fish or wildlife on the landowner's property. The agencies shall focus their efforts on possible agreements with landowners covering not more than one thousand acres per agreement, but the agencies shall consider the possibility of multiple agreements with a single landowner, not to exceed a total of ten thousand acres per landowner. The agencies shall evaluate the possibility of including provisions relating to forest practices regulations into the habitat incentives program being developed under this act. The agencies shall report to the legislature by December 1, 1997, the same time frame as the phase one report from the department of fish and wildlife. If the agencies and other interested parties find it expedient to do so, the studies in this section and in section 2 of this act may be combined into one effort. NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Oke moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 5327 and requests of the House a conference thereon.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Oke that the Senate refuse to concur in the House amendment to Engrossed Substitute Senate Bill No. 5327 and requests of the House a conference thereon.
The motion by Senator Oke carried and the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5327 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 5327 and the House amendment thereto: Senators Morton, Hargrove and Rossi.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL No. 5785 with the following amendment(s):
Strike everything after the enacting clause and insert the following:"NEW SECTION. Sec. 1. A new section is added to chapter 90.44 RCW to read as follows:Upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may consolidate that right with a ground water right exempt from the permit requirement under RCW 90.44.050, without affecting the priority of either of the water rights being consolidated. Such a consolidation amendment shall be issued only after publication of a notice of the application, a comment period, and a determination made by the department, in lieu of meeting the conditions required for an amendment under RCW 90.44.100, that: (1) The exempt well taps the same body of public ground water as the well to which the water right of the exempt well is to be consolidated; (2) use of the exempt well shall be discontinued upon approval of the consolidation amendment to the permit or certificate; (3) legally enforceable agreements have been entered to prohibit the construction of another exempt well to serve the area previously served by the exempt well to be discontinued, and such agreements are binding upon subsequent owners of the land through appropriate binding limitations on the title to the land; (4) the exempt well or wells the use of which is to be discontinued will be properly decommissioned in accordance with chapter 18.104 RCW and the rules of the department; and (5) other existing rights, including ground and surface water rights and minimum stream flows adopted by rule, shall not be impaired. The notice shall be published by the applicant in a newspaper of general circulation in the county or counties in which the wells for the rights to be consolidated are located once a week for two consecutive weeks. The applicant shall provide evidence of the publication of the notice to the department. The comment period shall be for thirty days beginning on the date the second notice is published. The amount of the water to be added to the holder's permit or certificate upon discontinuance of the exempt well shall be the average withdrawal from the well, in gallons per day, for the most recent five-year period preceding the date of the application, except that the amount shall not be less than eight hundred gallons per day for each residential connection or such alternative minimum amount as may be established by the department in consultation with the department of health, and shall not exceed five thousand gallons per day. The department shall presume that an amount identified by the applicant as being the average withdrawal from the well during the most recent five-year period is accurate if the applicant establishes that the amount identified for the use or uses of water from the exempt well is consistent with the average amount of water used for similar use or uses in the general area in which the exempt well is located. The department shall develop, in consultation with the department of health, a schedule of average household and small-area landscaping water usages in various regions of the state to aid the department and applicants in identifying average amounts used for these purposes. The presumption does not apply if the department finds credible evidence of nonuse of the well during the required period or credible evidence that the use of water from the exempt well or the intensity of the use of the land supported by water from the exempt well is substantially different than such uses in the general area in which the exempt well is located. The department shall also accord a presumption in favor of approval of such consolidation if the requirements of this subsection are met and the discontinuance of the exempt well is consistent with an adopted coordinated water system plan under chapter 70.116 RCW, an adopted comprehensive land use plan under chapter 36.70A RCW, or other comprehensive watershed management plan applicable to the area containing an objective of decreasing the number of existing and newly developed small ground water withdrawal wells. The department shall provide a priority to reviewing and deciding upon applications subject to this subsection, and shall make its decision within sixty days of the end of the comment period following publication of the notice by the applicant or within sixty days of the date on which compliance with the state environmental policy act, chapter 43.21C RCW, is completed, whichever is later. The applicant and the department may by prior mutual agreement extend the time for making a decision.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Morton moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5785.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Morton that the Senate do concur in the House amendment to Substitute Senate Bill No. 5785.
The motion by Senator Morton carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5785.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5785, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5785, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senator McDonald - 1. Excused: Senators Loveland, McCaslin and Snyder - 3. SUBSTITUTE SENATE BILL NO. 5785, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 17, 1997
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL No. 5886 with the following amendment(s):
Strike everything after the enacting clause and insert the following: “NEW SECTION. Sec. 1. The legislature finds that: (1) Currently, many of the salmon stocks on the Washington coast and in Puget Sound are severely depressed and may soon be listed under the federal endangered species act. (2) Immediate action is needed to reverse the severe decline of this resource and ensure its very survival. (3) The cooperation and participation of private landowners is crucial in efforts to restore and enhance salmon populations. (4) Regional fisheries enhancement groups have been exceptionally successful in their efforts to work with private landowners to restore and enhance salmon habitat on private lands. (5) Regional fisheries enhancement groups have provided the most cost-effective approach to assisting the recovery of salmon fisheries in Washington state. Work undertaken by regional fisheries enhancement groups returns an average of nine dollars in matching funds for every one dollar in expenditures from the regional enhancement account. (6) State funding for regional fisheries enhancement groups has been declining and is a significant limitation to current fisheries enhancement and habitat restoration efforts. (7) Therefore, a stable funding source is essential to the success of the regional enhancement groups and their efforts to work cooperatively with private landowners to restore salmon resources. NEW SECTION. Sec. 2. A new section is added to chapter 75.50 RCW to read as follows: The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The regional fisheries enhancement group advisory board and the department shall develop guidelines for providing funds to the regional fisheries enhancement groups. NEW SECTION. Sec. 3. A new section is added to chapter 75.50 RCW to read as follows: (1) The regional fisheries enhancement project account is created in the state treasury. All receipts from federal sources and moneys from state sources specified by law must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the sole purpose of fisheries enhancement and habitat restoration by regional fisheries enhancement groups. (2) The salmonid recovery account is created in the custody of the state treasurer. All receipts from private gifts, grants, bequests, and donations must be deposited into the account. Expenditures from the account may be used for the sole purpose of fisheries enhancement and habitat restoration by regional fisheries enhancement groups. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.” Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Oke moved that the Senate refuse to concur in the House amendment to Second Substitute Senate Bill No. 5886 and requests of the House a conference thereon.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Oke that the Senate refuse to concur in the House amendment to Second Substitute Senate Bill No. 5886 and requests of the House a conference thereon.
The motion by Senator Oke carried and the Senate refuses to concur in the House amendment to Second Substitute Senate Bill No. 5886 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Second Substitute Senate Bill No. 5886 and the House amendment thereto: Senators Strannigan, Oke and Jacobsen.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MOTION
On motion of Senator Franklin, Senator Fraser was excused.
MESSAGE FROM THE HOUSE
April 15, 1997
MR. PRESIDENT:
The House has passed SENATE BILL No. 5229 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 84.36.037 and 1993 c 327 s 1 are each amended to read as follows: (1) Real or personal property owned by a nonprofit organization, association, or corporation in connection with the operation of a public assembly hall or meeting place is exempt from taxation. The area exempt under this section includes the building or buildings, the land under the buildings, and an additional area necessary for parking, not exceeding a total of one acre: PROVIDED, That for property essentially unimproved except for restroom facilities and structures on such property which has been used primarily for annual community celebration events for at least ten years, such exempt property shall not exceed twenty-nine acres. (2) To qualify for this exemption the property must be used exclusively for public gatherings and be available to all organizations or persons desiring to use the property, but the owner may impose conditions and restrictions which are necessary for the safekeeping of the property and promote the purposes of this exemption. Membership shall not be a prerequisite for the use of the property. (3) The use of the property for pecuniary gain or to promote business activities, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified by: (a) The collection of rent or donations if the amount is reasonable and does not exceed maintenance and operation expenses created by the user. (b) Fund-raising activities conducted by a nonprofit organization. (c) The use of the property for pecuniary gain or to promote business activities for periods of not more than ((three)) seven days in a year. (d) In a county with a population of less than ten thousand, the use of the property to promote the following business activities: Dance lessons, art classes, or music lessons. (e) An inadvertent use of the property in a manner inconsistent with the purpose for which exemption is granted, if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment years. (4) The department of revenue shall narrowly construe this exemption." Correct the title accordingly., and the same are herewith transmitted.TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator West moved that the Senate refuse to concur in the House amendment to Senate Bill No. 5229 and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator West that the Senate refuse to concur in the House amendment to Senate Bill No. 5229 and asks the House to recede therefrom.
The motion by Senator West carried and the Senate refuses to concur in the House amendment to Senate Bill No. 5229 and asks the House to recede therefrom.
MOTION
On motion of Senator Hale, Senator Deccio was excused.
MESSAGE FROM THE HOUSE
March 8, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5803 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 34.05 RCW to read as follows: (1) In order to provide the greatest possible access to agency documents to the most people, agencies are encouraged to make their rule, interpretive, and policy information available through electronic distribution as well as through the regular mail. Agencies that have the capacity to transmit electronically may ask persons who are on mailing lists or rosters for copies of interpretive statements, policy statements, preproposal statements of inquiry, and other similar notices whether they would like to receive the notices electronically. (2) Electronic distribution to persons who request it may substitute for mailed copies related to rule making or policy or interpretive statements. If a notice is distributed electronically, the agency is not required to transmit the actual notice form but must send all the information contained in the notice. (3) Agencies which maintain mailing lists or rosters for any notices relating to rule making or policy or interpretive statements may establish different rosters or lists by general subject area. Sec. 2. RCW 34.05.010 and 1992 c 44 s 10 are each amended to read as follows: The definitions set forth in this section shall apply throughout this chapter, unless the context clearly requires otherwise. (1) "Adjudicative proceeding" means a proceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an order by the agency. Adjudicative proceedings also include all cases of licensing and rate making in which an application for a license or rate change is denied except as limited by RCW 66.08.150, or a license is revoked, suspended, or modified, or in which the granting of an application is contested by a person having standing to contest under the law. (2) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general except to the extent otherwise required by law and any local governmental entity that may request the appointment of an administrative law judge under chapter 42.41 RCW. (3) "Agency action" means licensing, the implementation or enforcement of a statute, the adoption or application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits. Agency action does not include an agency decision regarding (a) contracting or procurement of goods, services, public works, and the purchase, lease, or acquisition by any other means, including eminent domain, of real estate, as well as all activities necessarily related to those functions, or (b) determinations as to the sufficiency of a showing of interest filed in support of a representation petition, or mediation or conciliation of labor disputes or arbitration of labor disputes under a collective bargaining law or similar statute, or (c) any sale, lease, contract, or other proprietary decision in the management of public lands or real property interests, or (d) the granting of a license, franchise, or permission for the use of trademarks, symbols, and similar property owned or controlled by the agency. (4) "Agency head" means the individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. If the agency head is a body of individuals, a majority of those individuals constitutes the agency head. (5) "Entry" of an order means the signing of the order by all persons who are to sign the order, as an official act indicating that the order is to be effective. (6) "Filing" of a document that is required to be filed with an agency means delivery of the document to a place designated by the agency by rule for receipt of official documents, or in the absence of such designation, at the office of the agency head. (7) "Institutions of higher education" are the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, the various community colleges, and the governing boards of each of the above, and the various colleges, divisions, departments, or offices authorized by the governing board of the institution involved to act for the institution, all of which are sometimes referred to in this chapter as "institutions." (8) "Interpretive statement" means a written expression of the opinion of an agency, entitled an interpretive statement by the agency head or its designee, as to the meaning of a statute or other provision of law, of a court decision, or of an agency order. (9)(a) "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by law, but does not include (i) a license required solely for revenue purposes, or (ii) a certification of an exclusive bargaining representative, or similar status, under a collective bargaining law or similar statute, or (iii) a license, franchise, or permission for use of trademarks, symbols, and similar property owned or controlled by the agency. (b) "Licensing" includes the agency process respecting the issuance, denial, revocation, suspension, or modification of a license. (10) "Mail" or "send," for purposes of any notice relating to rule making or policy or interpretive statements, means regular mail or electronic distribution, as provided in section 1 of this act. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail. (11)(a) "Order," without further qualification, means a written statement of particular applicability that finally determines the legal rights, duties, privileges, immunities, or other legal interests of a specific person or persons. (b) "Order of adoption" means the official written statement by which an agency adopts, amends, or repeals a rule. (((11))) (12) "Party to agency proceedings," or "party" in a context so indicating, means: (a) A person to whom the agency action is specifically directed; or (b) A person named as a party to the agency proceeding or allowed to intervene or participate as a party in the agency proceeding. (((12))) (13) "Party to judicial review or civil enforcement proceedings," or "party" in a context so indicating, means: (a) A person who files a petition for a judicial review or civil enforcement proceeding; or (b) A person named as a party in a judicial review or civil enforcement proceeding, or allowed to participate as a party in a judicial review or civil enforcement proceeding. (((13))) (14) "Person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency. (((14))) (15) "Policy statement" means a written description of the current approach of an agency, entitled a policy statement by the agency head or its designee, to implementation of a statute or other provision of law, of a court decision, or of an agency order, including where appropriate the agency's current practice, procedure, or method of action based upon that approach. (((15))) (16) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or profession; or (e) which establishes, alters, or revokes any mandatory standards for any product or material which must be met before distribution or sale. The term includes the amendment or repeal of a prior rule, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to RCW 34.05.240, (iii) traffic restrictions for motor vehicles, bicyclists, and pedestrians established by the secretary of transportation or his designee where notice of such restrictions is given by official traffic control devices, or (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes. (((16))) (17) "Rules review committee" or "committee" means the joint administrative rules review committee created pursuant to RCW 34.05.610 for the purpose of selectively reviewing existing and proposed rules of state agencies. (((17))) (18) "Rule making" means the process for formulation and adoption of a rule. (((18))) (19) "Service," except as otherwise provided in this chapter, means posting in the United States mail, properly addressed, postage prepaid, or personal service. Service by mail is complete upon deposit in the United States mail. Agencies may, by rule, authorize service by electronic telefacsimile transmission, where copies are mailed simultaneously, or by commercial parcel delivery company." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Patterson, the Senate concurred in the House amendment to Substitute Senate Bill No. 5803.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5803, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5803, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42. Absent: Senators McDonald and Prince - 2. Excused: Senators Deccio, Fraser, Loveland, McCaslin and Snyder - 5. SUBSTITUTE SENATE BILL NO. 5803, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hale, Senator McDonald was excused.
MESSAGE FROM THE HOUSE
April 11, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL No. 5274 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows: (1) School districts and public schools may not request the disclosure of a student's federal social security number, except as provided in subsection (2) of this section. (2)(a) A school district or public school may request the disclosure of a student's federal social security number for the purpose of seeking medicaid reimbursement for covered services to eligible students under RCW 74.09.5241 through 74.09.5256, or for the purpose of compliance with any other explicit federal law requiring the disclosure. If disclosure is requested under this subsection (2)(a), the school district or public school shall cite the law requiring the disclosure. (b) If the student is an employee of the school district, a school district or public school may request disclosure of a student's social security number for employment purposes, if employment records containing the number are maintained separately from student records. (c) Any school district or public school requesting the disclosure of a student's federal social security number under this subsection must use a consent form, to be signed by the parent or guardian, that contains a disclosure statement printed on the form. The disclosure statement must include the following information: (i) Whether the disclosure is mandatory or voluntary; (ii) What federal or state statute, rule, or regulation requires the disclosure; (iii) What uses will be made of the number; and (iv) Who will have access to it.A parent's or guardian's general consent for another purpose, including medical consent or any consent used to approve admission to or involvement in a special education or remedial program or regular school activity, does not constitute consent to disclosure of the student's social security number. (3) It is unlawful for any public school or public school district to deny a student any right, benefit, or privilege provided by law because the student or the student's parent or legal guardian refuses to disclose the student's federal social security number. (4) Except as provided in section 2 of this act, no official, employee, or agent of an educational institution or agency may release a student's social security number to any public or private party without the written consent of the student age eighteen or older, or the parent or legal guardian of a student under age eighteen. The request for release must include the following information: (a) Whether the disclosure is mandatory or voluntary; (b) What federal or state statute, rule, or regulation requires the disclosure; (c) What uses will be made of the number; and (d) Who will have access to it.A parent's or guardian's general consent for other purposes, including medical consent or any consent used to approve admission to or involvement in a special education or remedial program or regular school activity, does not constitute consent to disclosure of the student's social security number. (5) This section shall not be construed as prohibiting a school district from developing an individual student identification number, unrelated to the student's social security number, to identify and maintain education records on students enrolled in the district." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hochstatter moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5274.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hochstatter that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 5274.
The motion by Senator Morton carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5274.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5274, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5274, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, Long, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 32. Voting nay: Senators Bauer, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kline, Kohl, McAuliffe, Prentice, Sheldon, Thibaudeau and Wojahn - 13. Excused: Senators Loveland, McCaslin, McDonald and Snyder - 4. ENGROSSED SUBSTITUTE SENATE BILL NO. 5274, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL No. 5827 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 19.16.500 and 1982 c 65 s 1 are each amended to read as follows: (1)(a) Agencies, departments, taxing districts, political subdivisions of the state, counties, and ((incorporated)) cities may retain, by written contract, collection agencies licensed under this chapter for the purpose of collecting public debts owed by any person, including any restitution that is being collected on behalf of a crime victim. (b) Any governmental entity as described in (a) of this subsection using a collection agency may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee incurred or to be incurred. The amount to be paid for collection services shall be left to the agreement of the governmental entity and its collection agency or agencies, but a contingent fee of up to fifty percent of the first one hundred thousand dollars of the unpaid debt per account and up to thirty-five percent of the unpaid debt over one hundred thousand dollars per account is reasonable, and a minimum fee of the full amount of the debt up to one hundred dollars per account is reasonable. Any fee agreement entered into by a governmental entity is presumptively reasonable. (2) No debt may be assigned to a collection agency unless (a) there has been an attempt to advise the debtor (i) of the existence of the debt and (ii) that the debt may be assigned to a collection agency for collection if the debt is not paid, and (b) at least thirty days have elapsed from the time ((the)) notice was ((sent)) attempted. (3) Collection agencies assigned debts under this section shall have only those remedies and powers which would be available to them as assignees of private creditors. (4) For purposes of this section, the term debt shall include fines and other debts, including the fee required under subsection (1)(b) of this section.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Patterson moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5827.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Patterson that the Senate do concur in the House amendment to Substitute Senate Bill No. 5827.
The motion by Senator Patterson carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5827.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5827, as amended by the House.
Debate ensued.
MOTION
On motion of Senator Johnson, further consideration of Substitute Senate Bill No. 5827, as amended by the House, was deferred.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SENATE BILL No. 5831 with the following amendment(s):
Strike everything after the enacting clause and inert the following: "Sec. 1. RCW 36.01.050 and 1963 c 4 s 36.01.050 are each amended to read as follows: (1) All actions against any county may be commenced in the superior court of such county, or ((of the adjoining county, and)) in the superior court of either of the two nearest counties. All actions by any county shall be commenced in the superior court of the county in which the defendant resides, or in ((the county adjoining the county by which such action is commenced)) either of the two counties nearest to the county bringing the action. (2) The determination of the nearest counties is measured by the travel time between county seats using major surface routes, as determined by the office of the administrator for the courts.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Deccio moved that the Senate concur in the House amendment to Senate Bill No. 5831.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Deccio that the Senate do concur in the House amendment to Senate Bill No. 5831.
The motion by Senator Deccio carried and the Senate concurred in the House amendment to Senate Bill No. 5831.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5831, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5831, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 7; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wood and Zarelli - 37. Voting nay: Senators Fairley, Fraser, Heavey, Kohl, McAuliffe, Thibaudeau and Wojahn - 7. Absent: Senator Schow - 1. Excused: Senators Loveland, McCaslin, McDonald and Snyder - 4. SENATE BILL NO. 5831, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 18, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL No. 5915 with the following amendment(s):
Strike everything after the enacting clause and insert the following: “Sec. 1. RCW 36.70A.367 and 1996 c 167 s 2 are each amended to read as follows: (1) In addition to the major industrial development allowed under RCW 36.70A.365, a county required or choosing to plan under RCW 36.70A.040 that has a population greater than two hundred fifty thousand and that is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand or a county that has a population greater than one hundred forty thousand and is adjacent to another country may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for designating a bank of no more than two master planned locations for major industrial activity outside urban growth areas. (2) A master planned location for major industrial developments outside an urban growth area may be included in the urban industrial land bank for the county if criteria including, but not limited to, the following are met: (a) New infrastructure is provided for and/or applicable impact fees are paid; (b) Transit-oriented site planning and traffic demand management programs are implemented; (c) Buffers are provided between the major industrial development and adjacent nonurban areas; (d) Environmental protection including air and water quality has been addressed and provided for; (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas; (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands; (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and (h) An inventory of developable land has been conducted as provided in RCW 36.70A.365. (3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban growth area. (4) Final approval of inclusion of a master planned location in the urban industrial land bank shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of master planned locations may be considered at any time. (5) Once a master planned location has been included in the urban industrial land bank, manufacturing and industrial businesses that qualify as major industrial development under RCW 36.70A.365 may be located there. (6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW. (7) The authority of a county to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, 1998. However, any location included in the urban industrial land bank on December 31, 1998, shall remain available for major industrial development as long as the criteria of subsection (2) of this section continue to be met. (8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent((.)) ; or (c) requires a location with characteristics such as proximity to transportation facilities or related industries such that there is no suitable location in a urban growth area. The major industrial development may not be for the purpose of retail commercial development or multitenant office parks.”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Anderson moved that the Senate concur in the House amendment to Engrossed Senate Bill No. 5915.
POINT OF INQUIRY
Senator Patterson: “Senator Anderson, because there is some confusion due to the fact that they have put the wrong amendment in the book today, could you reassure us of the fact that the bill has now been scaled back so that it only applies to land banking in Whatcom County?”
Senator Anderson: “Yes, Senator Patterson, and I believe that staff gave you the scaled back amendment that has come over from the House and it was stamped 'adopted.' What it does is--the current law for industrial development is left the same and it adds the language that we have in current statutes that references Clark County as language--or a county that has a population greater than one hundred forty thousand and is adjacent to another county. So, that is the language that we are dealing with.”
Further debate ensued.
The President declared the question before the Senate to be the motion by Senator Anderson that the Senate do concur in the House amendment to Engrossed Senate Bill No. 5915.
The motion by Senator Anderson carried and the Senate concurred in the House amendment to Engrossed Senate Bill No. 5915.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5915, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5915, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 42. Voting nay: Senators Fairley, Heavey, Kline and Thibaudeau - 4. Excused: Senators McCaslin, McDonald and Snyder - 3. ENGROSSED SENATE BILL NO. 5915, as amended by the House, 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 11:09 a.m., on motion of Senator Johnson, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:30 p.m. by President Owen.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SENATE BILL No. 5968 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows: "Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour. Sec. 2. RCW 46.16.010 and 1996 c 184 s 1 are each amended to read as follows: (1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided. Failure to make initial registration before operation on the highways of this state is a misdemeanor, and any person convicted thereof shall be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or deferred. Failure to renew an expired registration before operation on the highways of this state is a traffic infraction. (2) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a gross misdemeanor punishable as follows: (a) For a first offense, up to one year in the county jail and a fine equal to twice the amount of delinquent taxes and fees, no part of which may be suspended or deferred; (b) For a second or subsequent offense, up to one year in the county jail and a fine equal to four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred; (c) For fines levied under (b) of this subsection, an amount equal to the avoided taxes and fees owed shall be deposited in the vehicle licensing fraud account created in the state treasury; (d) The avoided taxes and fees shall be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion. (3) These provisions shall not apply to the following vehicles: (a) Electric-assisted bicycles; (b) Farm vehicles ((as defined in RCW 46.04.181)) if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law((: PROVIDED FURTHER, That these provisions shall not apply to)); (c) Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing, or loading of spray and fertilizer applicator rigs and not used, designed, or modified primarily for the purpose of transportation((: PROVIDED FURTHER, That these provisions shall not apply to)); (d) Fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve((: PROVIDED FURTHER, That these provisions shall not apply to equipment defined as follows:)); (e) "Special highway construction equipment" ((is)) defined as follows: Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (((1))) (i) are in excess of the legal width, or (((2))) (ii) which, because of their length, height, or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (((3))) (iii) which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface. Exclusions: "Special highway construction equipment" does not include any of the following: Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (4) The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter: (a) A converter gear used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle. (b) A tow dolly that is used for towing a motor vehicle behind another motor vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar. Sec. 3. RCW 46.20.500 and 1982 c 77 s 1 are each amended to read as follows: No person may drive a motorcycle or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles, nor may a person drive a motorcycle of a larger engine displacement than that authorized by such special endorsement or by an instruction permit for such category((: PROVIDED, That any)). However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped. No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle. Sec. 4. RCW 46.37.530 and 1990 c 270 s 7 are each amended to read as follows: (1) It is unlawful: (a) For any person to operate a motorcycle or motor-driven cycle not equipped with mirrors on the left and right sides of the motorcycle which shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle or motor-driven cycle: PROVIDED, That mirrors shall not be required on any motorcycle or motor-driven cycle over twenty-five years old originally manufactured without mirrors and which has been restored to its original condition and which is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required on any motorcycle manufactured prior to January 1, 1931; (b) For any person to operate a motorcycle or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol; (c) For any person to operate or ride upon a motorcycle, motor-driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a protective helmet of a type conforming to rules adopted by the state patrol except when the vehicle is an antique motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll bars approved by the state patrol. The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor-driven cycle is in motion. Persons operating electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets; (d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle; (e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state patrol. (2) The state patrol is hereby authorized and empowered to adopt and amend rules, pursuant to the Administrative Procedure Act, concerning the standards and procedures for conformance of rules adopted for glasses, goggles, face shields, and protective helmets. Sec. 5. RCW 46.61.710 and 1979 ex.s. c 213 s 8 are each amended to read as follows: (1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630. (2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail. (3) Operation of a moped or an electric-assisted bicycle on a fully controlled limited access highway or on a sidewalk is unlawful. (4) Removal of any muffling device or pollution control device from a moped is unlawful. (5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles may have access to highways of the state to the same extent as bicycles. Electric-assisted bicycles may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric-assisted bicycles.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Wood moved that the Senate concur in the House amendment to Senate Bill No. 5968.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Wood that the Senate do concur in the House amendment to Senate Bill No. 5968.
The motion by Senator Wood carried and the Senate concurred in the House amendment to Senate Bill No. 5968.
MOTION
On motion of Senator Franklin, Senators Brown, Loveland, Patterson and Swanson were excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5968, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5968, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 3; Excused, 6.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 40. Absent: Senators Prince, Roach and West - 3. Excused: Senators Brown, Loveland, McCaslin, Patterson, Snyder and Swanson - 6. SENATE BILL NO. 5968, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed SENATE BILL No. 5991 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 43.330.140 and 1994 c 306 s 1 are each amended to read as follows: (1) The Washington quality award council shall be organized as a ((part of the)) private, nonprofit corporation ((quality for Washington state foundation, with the assistance of the department)), in accordance with chapter 24.03 RCW and this section, with limited staff assistance by the secretary of state as provided by section 2 of this act. (((1))) (2) The council shall oversee the governor's Washington state quality achievement award program. The purpose of the program is to improve the overall competitiveness of the state's economy by stimulating Washington state industries, business, and organizations to bring about measurable success through setting standards of organizational excellence, encouraging organizational self-assessment, identifying successful organizations as role models, and providing a valuable mechanism for promoting and strengthening a commitment to continuous quality improvement in all sectors of the state's economy. The program shall annually recognize organizations that improve the quality of their products and services and are noteworthy examples of high-performing work organizations. (((2))) (3) The council shall consist of the governor and the ((director)) secretary of state, or their designees, as chair and vice-chair, respectively, ((and)) the director of the department of community, trade, and economic development, or his or her designee, and twenty-seven members appointed by the governor. Those twenty-seven council members must be selected from recognized professionals who shall have backgrounds in or experience with effective quality improvement techniques, employee involvement quality of work life initiatives, ((and)) development of innovative labor-management relations, and other recognized leaders in state and local government and private business. The ((initial)) membership of the board beyond the chair and vice-chair shall be appointed by the governor ((from a list of nominees submitted by the quality for Washington state foundation. The list of nominees shall include representatives from the governor's small business improvement council, the Washington state efficiency commission, the Washington state productivity board, the Washington state service quality network, the association for quality and participation, the American society for quality control, business and labor associations, educational institutions, elected officials, and representatives from former recipients of international, national, or state quality awards)) for terms of three years. (((3))) (4) The council shall establish a board of examiners, a recognition committee, and such other subcouncil groups as it deems appropriate to carry out its responsibilities. Subcouncil groups established by the council may be composed of noncouncilmembers. (((4) The council shall receive its administrative support and operational expenses from the quality for Washington state foundation.)) (5) The council shall((, in conjunction with the quality for Washington state foundation,)) compile a list of resources available for organizations interested in productivity improvement, quality techniques, effective methods of work organization, and upgrading work force skills as a part of the quality for Washington state foundation's ongoing educational programs. The council shall make the list of resources available to the general public((, including labor, business, nonprofit and public agencies, and the department)). (6) The council((, in conjunction with the quality for Washington state foundation,)) may conduct such public information, research, education, and assistance programs as it deems appropriate to further quality improvement in organizations operating in the state of Washington. (7) The council shall: (a) Approve and announce achievement award recipients; (b) Approve guidelines to examine applicant organizations; (c) Approve appointment of judges and examiners; (d) Arrange appropriate annual awards and recognition for recipients, in conjunction with the quality for Washington state foundation; (e) Formulate recommendations for change in the nomination form or award categories, in cooperation with the quality for Washington state foundation; and (f) Review any related education, training, technology transfer, and research initiatives proposed ((by the quality for Washington state foundation)) to it, and that it determines merits such a review. (8) By January 1st of each even-numbered year, the council shall report to the governor and the appropriate committees of the legislature on its activities in the proceeding two years and on any recommendations in state policies or programs that could encourage quality improvement and the development of high-performance work organizations. (9) The council shall cease to exist on July 1, ((2004)) 1999, unless otherwise extended by law. NEW SECTION. Sec. 2. A new section is added to chapter 43.07 RCW to read as follows: (1) The secretary of state shall provide administrative assistance and support to the Washington quality award council only to the extent that the legislature appropriates funds specifically designated for this purpose. The secretary of state has no duty to provide assistance or support except to the extent specifically provided by appropriation. (2) The Washington quality award council may develop private sources of funding, including the establishment of a private foundation. Except as provided in subsection (1) of this section, the council shall receive all administrative support and expenses through private sources of funding and arrangements with a private foundation. Public funds shall not be used to purchase awards, be distributed as awards, or be utilized for any expenses of the board of examiners, recognition committee, and such other subcouncil groups as the council may establish. Public funds shall not be used to pay overtime or travel expenses of secretary of state staff, for purposes related to the council, unless funded by specific appropriation. NEW SECTION. Sec. 3. RCW 43.330.140 is recodified as a section in chapter 43.07 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Horn, the Senate concurred in the House amendment to Senate Bill No. 5991.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5991, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5991, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator West - 1. Excused: Senators McCaslin and Snyder - 2. SENATE BILL NO. 5991, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Kline, the following resolution was adopted:
SENATE RESOLUTION 1997-8671
By Senators Kline, Thibaudeau, Brown, Swanson, Hargrove, Franklin, Prentice, Wojahn, Patterson and Kohl
WHEREAS, The African American Academy in the Seattle School District first opened its doors to students in the fall of 1991, with the mission to increase academic achievement; and
WHEREAS, The African American Academy, educating three hundred seventy students in grades K-8, is dedicated to the principle that the future belongs to the prepared child; and
WHEREAS, The African American Academy prepares students to meet the future and to flourish in that future; and
WHEREAS, The African American Academy truly demonstrates that "it takes a whole village to raise a child" through the commitment of the community, parents, students, teachers, staff, and administrators to help each child achieve academic, vocational, and professional success; and
WHEREAS, The African American Academy meets the emotional needs of each child, and helps each child develop positive social and cultural skills; and
WHEREAS, The African American Academy provides all children with the education and skills to become leaders of tomorrow;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, that every student of the African American Academy be honored for their pursuit of academic excellence; that each parent and community member be honored for their support of the children and the school; and that the principal, teachers, and staff be commended for their dedication, hard work, and commitment to each student; and
BE IT FURTHER RESOLVED, That the Seattle School Board and Superintendent John Stanford be commended for their commitment to creating and supporting a unique school that provides an education for children today and hope for tomorrow; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the African American Academy and to the Seattle School District.
Senators Kline, Kohl, Franklin and Prentice spoke to Senate Resolution 1997-8671.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced students from the African American Academy who were seated in the gallery.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL No. 6002 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. (1) Many acute and chronically mentally ill offenders are delayed in their release from Washington correctional facilities due to their inability to access reasonable treatment and living accommodations prior to the maximum expiration of their sentences. Often the offender reaches the end of his or her sentence and is released without any follow-up care, funds, or housing. These delays are costly to the state, often lead to psychiatric relapse, and result in unnecessary risk to the public. These offenders rarely possess the skills or emotional stability to maintain employment or even complete applications to receive entitlement funding. Nation-wide only five percent of diagnosed schizophrenics are able to maintain part-time or full-time employment. Housing and appropriate treatment are difficult to obtain. This lack of resources, funding, treatment, and housing creates additional stress for the mentally ill offender, impairing self-control and judgment. When the mental illness is instrumental in the offender's patterns of crime, such stresses may lead to a worsening of his or her illness, reoffending, and a threat to public safety. (2) It is the intent of the legislature to create a pilot program to provide for postrelease mental health care and housing for a select group of mentally ill offenders entering community living, in order to reduce incarceration costs, increase public safety, and enhance the offender's quality of life. NEW SECTION. Sec. 2. A new section is added to chapter 71.24 RCW to read as follows: (1) The secretary shall select and contract with a regional support network or private provider to provide specialized access and services to mentally ill offenders upon release from total confinement within the department of corrections who have been identified by the department of corrections and selected by the regional support network or private provider as high-priority clients for services and who meet service program entrance criteria. The program shall enroll no more than twenty-five offenders at any one time, or a number of offenders that can be accommodated within the appropriated funding level, and shall seek to fill any vacancies that occur. (2) Criteria shall include a determination by department of corrections staff that: (a) The offender suffers from a major mental illness and needs continued mental health treatment; (b) The offender's previous crime or crimes have been determined by either the court or department of corrections staff to have been substantially influenced by the offender's mental illness; (c) It is believed the offender will be less likely to commit further criminal acts if provided ongoing mental health care; (d) The offender is unable or unlikely to obtain housing and/or treatment from other sources for any reason; and (e) The offender has at least one year remaining before his or her sentence expires but is within six months of release to community housing and is currently housed within a work release facility or any department of corrections' division of prisons facility. (3) The regional support network or private provider shall provide specialized access and services to the selected offenders. The services shall be aimed at lowering the risk of recidivism. An oversight committee composed of a representative of the department, a representative of the selected regional support network or private provider, and a representative of the department of corrections shall develop policies to guide the pilot program, provide dispute resolution including making determinations as to when entrance criteria or required services may be waived in individual cases, advise the department of corrections and the regional support network or private provider on the selection of eligible offenders, and set minimum requirements for service contracts. The selected regional support network or private provider shall implement the policies and service contracts. The following services shall be provided: (a) Intensive case management to include a full range of intensive community support and treatment in client-to-staff ratios of not more than ten offenders per case manager including: (i) A minimum of weekly group and weekly individual counseling; (ii) home visits by the program manager at least two times per month; and (iii) counseling focusing on relapse prevention and past, current, or future behavior of the offender. (b) The case manager shall attempt to locate and procure housing appropriate to the living and clinical needs of the offender and as needed to maintain the psychiatric stability of the offender. The entire range of emergency, transitional, and permanent housing and involuntary hospitalization must be considered as available housing options. A housing subsidy may be provided to offenders to defray housing costs up to a maximum of six thousand six hundred dollars per offender per year and be administered by the case manager. Additional funding sources may be used to offset these costs when available. (c) The case manager shall collaborate with the assigned prison, work release, or community corrections staff during release planning, prior to discharge, and in ongoing supervision of the offender while under the authority of the department of corrections. (d) Medications including the full range of psychotropic medications including atypical antipsychotic medications may be required as a condition of the program. Medication prescription, medication monitoring, and counseling to support offender understanding, acceptance, and compliance with prescribed medication regimens must be included. (e) A systematic effort to engage offenders to continuously involve themselves in current and long-term treatment and appropriate habilitative activities shall be made. (f) Classes appropriate to the clinical and living needs of the offender and appropriate to his or her level of understanding. (g) The case manager shall assist the offender in the application and qualification for entitlement funding, including medicaid, state assistance, and other available government and private assistance at any point that the offender is qualified and resources are available. (h) The offender shall be provided access to daily activities such as drop-in centers, prevocational and vocational training and jobs, and volunteer activities. (4) Once an offender has been selected into the pilot program, the offender shall remain in the program until the end of his or her sentence or unless the offender is released from the pilot program earlier by the department of corrections. (5) Specialized training in the management and supervision of high-crime risk mentally ill offenders shall be provided to all participating mental health providers by the department and the department of corrections prior to their participation in the program and as requested thereafter. (6) The pilot program provided for in this section must be providing services by July 1, 1998. NEW SECTION. Sec. 3. The department shall indemnify and hold harmless the regional support network, private provider, and any mental health center, housing facility, or other mental health provider from all claims or suits arising in any manner from any acts committed by an enrolled offender during his or her period of enrollment. NEW SECTION. Sec. 4. A new section is added to chapter 71.24 RCW to read as follows: The department, in collaboration with the department of corrections and the oversight committee created in section 2 of this act, shall track outcomes and submit to the legislature a report of services and outcomes by December 1, 1998, and annually thereafter as may be necessary. The reports shall include the following: (1) A statistical analysis regarding the reoffense and reinstitutionalization rate by the enrollees in the program set forth in section 2 of this act; (2) a quantitative description of the services provided in the program set forth in section 2 of this act; and (3) recommendations for any needed modifications in the services and funding levels to increase the effectiveness of the program set forth in section 2 of this act. By December 1, 2003, the department shall certify the reoffense rate for enrollees in the program authorized by section 2 of this act to the office of financial management and the appropriate legislative committees. If the reoffense rate exceeds fifteen percent, the authorization for the department to conduct the program under section 2 of this act is terminated on January 1, 2004. NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void. NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Long, the Senate concurred in the House amendment to Second Substitute Senate Bill No. 6002.
MOTION
On motion of Senator Swecker, Senator Wood was excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6002, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6002, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.
Voting yea: Senators Anderson, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43. Absent: Senators Bauer, Deccio and West - 3. Excused: Senators McCaslin, Snyder and Wood - 3. SECOND SUBSTITUTE SENATE BILL NO. 6002, as amended by the House, 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.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5028,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5079,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5105,
SUBSTITUTE SENATE BILL NO. 5119,
SUBSTITUTE SENATE BILL NO. 5173,
SUBSTITUTE SENATE BILL NO. 5177,
SENATE BILL NO. 5195,
SUBSTITUTE SENATE BILL NO. 5218,
SENATE BILL NO. 5266,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5273,
SUBSTITUTE SENATE BILL NO. 5337,
SUBSTITUTE SENATE BILL NO. 5341,
SUBSTITUTE SENATE BILL NO. 5359,
SUBSTITUTE SENATE BILL NO. 5445,
SUBSTITUTE SENATE BILL NO. 5483,
SENATE BILL NO. 5503,
SUBSTITUTE SENATE BILL NO. 5512,
ENGROSSED SENATE BILL NO. 5514,
SENATE BILL NO. 5530,
SUBSTITUTE SENATE BILL NO. 5539,
SENATE BILL NO. 5554,
SUBSTITUTE SENATE BILL NO. 5563,
SENATE BILL NO. 5570,
SENATE BILL NO. 5659,
SENATE BILL NO. 5674,
SUBSTITUTE SENATE BILL NO. 5715,
SENATE BILL NO. 5741,
SUBSTITUTE SENATE BILL NO. 5750,
ENGROSSED SENATE BILL NO. 5954,
SUBSTITUTE SENATE BILL NO. 5965,
SUBSTITUTE SENATE BILL NO. 6022.
MESSAGES FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
On SECOND SUBSTITUTE SENATE BILL NO. 5508, the Speaker has replaced Representative Talcott with Representative Hickel as a member of the Conference Committee.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 5082. The Speaker has appointed the following members as conferees: Representatives Cooke, Ballasiotes and Wolfe.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
HOUSE BILL NO. 1330,
SUBSTITUTE HOUSE BILL NO. 1425,
HOUSE BILL NO. 1439,
SUBSTITUTE HOUSE BILL NO. 1592,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1771,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1866,
SUBSTITUTE HOUSE BILL NO. 1888,
HOUSE BILL NO. 1982,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2046,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2050,
HOUSE BILL NO. 2091,
SUBSTITUTE HOUSE BILL NO. 2227.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
April 15, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5267 with the following amendment(s):
On page 9, line 21, after “liability” strike “company” and insert “partnership”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Schow, the Senate concurred in the House amendment to Substitute Senate Bill No. 5267.
MOTIONS
On motion of Senator Swecker, Senator Deccio was excused.
On motion of Senator Franklin, Senator Bauer was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5267, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5267, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44. Excused: Senators Bauer, Deccio, McCaslin, Snyder and Wood - 5. SUBSTITUTE SENATE BILL NO. 5267, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 10, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6030 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature recognizes the importance of the state workers' compensation program in providing medical and financial services and benefits to workers who are injured on the job, and to their families, and in facilitating the injured workers' return to employment and a productive life. In addition, the legislature considers periodic performance audits to be of assistance in determining the impact of state programs and in developing findings and recommendations that ensure the most effective use of worker, employer, state agency, and public time and resources. NEW SECTION. Sec. 2. The joint legislative audit and review committee, in consultation with members of the senate and house of representatives commerce and labor committees and the workers' compensation advisory committee established under RCW 51.04.110, shall conduct a performance audit of the state workers' compensation system. The performance audit shall review the following issues: (1)(a) The organizational structure of the workers' compensation system and its effectiveness; (b) The management principles, program process, and ongoing practices of the workers' compensation system; (2)(a) The program's taxation system, including the method of collection and the manner in which funds are prioritized and distributed; (b) The use of all revenues generated from reserve surpluses and all other fund sources; (3) The types of services and programs within the system; (4) The level of cooperation and continuity between program and services; (5)(a) The effectiveness of the system in providing sure and certain relief to injured workers as mandated by Title 51 RCW; (b) The effectiveness of the workers' compensation system in returning injured workers to work and meeting other system goals; (6) The level of customer satisfaction of workers and employers participating in the system; (7) The current method by which the department internally reviews and determines the workers' compensation program effectiveness and performance and its process for responding to its findings or recommendations; (8) The manner in which the workers' compensation system coordinates its activities with other programs or activities within the department or other state agencies, including: the WISHA program, the board of industrial insurance appeals, the employment security department, the department of revenue, the department of health, and the work force training and education coordinating board; (9) The cost-effectiveness and efficiency of the state workers' compensation system as compared with other private and public sector delivery systems; (10) Claims administration practices of the state fund, self-insured employers, and third-party administrators, and the effectiveness of department sanctions in promoting best practices in claims administration; and (11) Any other item considered necessary by the joint legislative audit and review committee. NEW SECTION. Sec. 3. The joint legislative audit and review committee is directed to contract with a private entity that is not affiliated with an insurance company, brokerage, or agency, consistent with the provisions of chapter 39.29 RCW. The committee shall consult with the workers' compensation advisory committee in the design of the request for proposals from potential contractors and in the choice of a performance audit contractor. The committee shall provide an interim report on its findings and recommendations to the appropriate house of representatives and senate standing committees by December 31, 1997, and a final report by August 1, 1998. NEW SECTION. Sec. 4. The department of labor and industries shall actively cooperate with the joint legislative audit and review committee in the course of the performance audit and provide information and assistance as necessary. Funding for the performance audit in the amount, as determined by the joint legislative audit and review committee, is provided from the nonappropriated medical aid fund within the department of labor and industries. The department will transfer the funds necessary to implement this act to the joint legislative audit and review committee through an interagency agreement. NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Schow, the Senate concurred in the House amendment to Substitute Senate Bill No. 6030.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6030, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6030, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Anderson, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41. Absent: Senators McDonald, Prince and Sellar - 3. Excused: Senators Bauer, Deccio, McCaslin, Snyder and Wood - 5. SUBSTITUTE SENATE BILL NO. 6030, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senators Heavey and Patterson were excused.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 6039 with the following amendment(s):
On page 1, line 7, after “After” insert “a” On page 1, line 9, after “authority” insert “,”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator West, the Senate concurred in the House amendments to Engrossed Senate Bill No. 6039.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6039, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6039, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 10; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 34. Voting nay: Senators Brown, Fairley, Franklin, Jacobsen, Kline, Kohl, McAuliffe, Prentice, Swanson and Thibaudeau - 10. Excused: Senators Bauer, Heavey, McCaslin, Patterson and Snyder - 5. ENGROSSED SENATE BILL NO. 6039, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 17, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5739 with the following amendment(s):
On page 3, line 2, after "worn by" strike "all", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Horn moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 5739.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Horn that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 5739.
The motion by Senator Horn carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5739.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5739, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5739, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Goings, Hale, Haugen, Hochstatter, Horn, Johnson, Kline, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 32. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Kohl, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 13. Excused: Senators Heavey, McCaslin, Patterson and Snyder - 4. ENGROSSED SUBSTITUTE SENATE BILL NO. 5739, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 11, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 7900 with the following amendment(s):
On page 19, line 30, after “((though it))” strike all language through “register” on line 36, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Swecker moved that the Senate concur in the House amendment to Engrossed Senate Bill No. 7900.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Swecker that the Senate do concur in the House amendment to Engrossed Senate Bill No. 7900.
The motion by Senator Swecker carried and the Senate concurred in the House amendment to Engrossed Senate Bill No. 7900.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 7900, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 7900, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43. Voting nay: Senator Benton - 1. Absent: Senator Swanson - 1. Excused: Senators Heavey, McCaslin, Patterson and Snyder - 4. ENGROSSED SENATE BILL NO. 7900, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 15, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5701 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 15.54.270 and 1993 c 183 s 1 are each amended to read as follows: Terms used in this chapter have the meaning given to them in this chapter unless the context clearly indicates otherwise. (1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers. (2) "Bulk fertilizer" means commercial fertilizer distributed in a nonpackage form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars. (3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. (4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, ((and)) manipulated animal and vegetable manures, and a material approved under section 5 of this act. It does not include unmanipulated animal and vegetable manures and other products exempted by the department by rule. (5) "Customer-formula fertilizer" means a mixture of commercial fertilizer or materials of which each batch is mixed according to the specifications of the final purchaser. (6) "Department" means the department of agriculture of the state of Washington or its duly authorized representative. (7) "Director" means the director of the department of agriculture. (8) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, exchange, or otherwise supply commercial fertilizer in this state. (9) "Distributor" means a person who distributes. (10) "Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis," unless otherwise allowed by a rule adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units. (11) "Guaranteed analysis." (a) Until the director prescribes an alternative form of "guaranteed analysis" by rule the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form:
Total nitrogen (N) . . . . . . . . . . . . . . . . . . . . . . percentAvailable phosphoric acid (P205) percentSoluble potash (K20) percent
The percentage shall be stated in whole numbers unless otherwise allowed by the department by rule. The "guaranteed analysis" may also include elemental guarantees for phosphorus (P) and potassium (K). (b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also be guaranteed. (c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium shall be as allowed or required by rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element. (d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists; and the minimum percentage of material that will pass respectively a one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration may also include the percentage of material that will pass additional mesh sizes. (e) In commercial fertilizer, the principal constituent of which is calcium sulfate (gypsum), the percentage of calcium sulfate (CaS04.2H20) shall be given along with the percentage of total sulfur. (f) The guaranteed analysis for a material approved under section 5 of this act and to be used as a soil amendment shall include the name and percentage of each soil amending ingredient and the total percentage of all other ingredients. (12) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer. (13) "Labeling" includes all written, printed, or graphic matter, upon or accompanying a commercial fertilizer, or advertisement, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer. (14) "Licensee" means the person who receives a license to distribute a fertilizer under the provisions of this chapter. (15) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined. (16) "Manipulation" means processed or treated in any manner, including drying to a moisture content less than thirty percent. (17) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials. (18) "Official sample" means a sample of commercial fertilizer taken by the department and designated as "official" by the department. (19) "Packaged fertilizer" means commercial fertilizers, either agricultural or specialty, distributed in nonbulk form. (20) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association. (21) "Percent" or "percentage" means the percentage by weight. (22) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter. (23) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. (24) "Ton" means the net weight of two thousand pounds avoirdupois. (25) "Total nutrients" means the sum of the percentages of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis. NEW SECTION. Sec. 2. A new section is added to chapter 15.54 RCW to read as follows: A material approved under section 5 of this act may be distributed as a commercial fertilizer and may be registered as a packaged commercial fertilizer. However, the department may refuse to register such a material as a packaged commercial fertilizer, may cancel the registration of the material as a packaged commercial fertilizer, and may prohibit its distribution as a commercial fertilizer if the department finds evidence that use of the material as a commercial fertilizer poses unacceptable hazards to human health or the environment that were not known during the approval process specified in section 5 of this act. Sec. 3. RCW 15.54.800 and 1993 c 183 s 14 are each amended to read as follows: (1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules. (2) The director may adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for: (a) Definitions of terms; (b) Determining standards for labeling and registration of commercial fertilizers ((and agricultural minerals and limes)); (c) The collection and examination of commercial fertilizers ((and agricultural mineral and limes)); (d) Recordkeeping by registrants and licensees; (e) Regulation of the use and disposal of commercial fertilizers for the protection of ground water and surface water; and (f) The safe handling, transportation, storage, display, and distribution of commercial fertilizers. Sec. 4. RCW 70.95.240 and 1993 c 292 s 3 are each amended to read as follows: (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section shall not: (a) Prohibit a person from dumping or depositing solid waste resulting from his own activities onto or under the surface of ground owned or leased by him when such action does not violate statutes or ordinances, or create a nuisance; or (b) Apply to a person using a material or materials on the land as commercial fertilizer if (i) the department of ecology has issued written approval for the use of the material or materials as commercial fertilizer as provided in section 5 of this act, (ii) the registration of the material or materials as a packaged commercial fertilizer has not been canceled under section 2 of this act, and (iii) the distribution of the material or materials as a commercial fertilizer has not been prohibited by the department of agriculture under section 2 of this act. (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot. (b) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows: (1) The legislature finds that an optional procedure should be established that provides certainty as to whether certain materials generated as byproducts from the manufacturing of wood products may clearly be distributed and used as commercial fertilizer. It is the intent of the legislature in establishing such a procedure that it be truly optional, and that the procedure or the legislature's establishment of the procedure not be construed, except as provided in subsection (3) of this section, as suggesting in any manner whatsoever that a material submitted or not submitted for approval under the procedure or generated or not generated as a byproduct from the manufacturing of wood products is or is not to be regulated as a solid waste. (2) If a person desires to receive the express approval of the department of ecology to distribute a material generated as a byproduct from the manufacturing of wood products as a commercial fertilizer under chapter 15.54 RCW for use as a commercial fertilizer, the person may request in writing the department to provide such approval. The department shall issue written approval to the person and to the department of agriculture that the material may be used as a commercial fertilizer, if the material characteristics and management methods will not pose unacceptable hazards to human health and the environment. The written approval shall certify, to the extent practicable, that the use of the material as a commercial fertilizer is consistent with the following: (a) The biosolids standards set forth in rule or guidance under chapter 70.95J RCW, municipal sewage sludge; (b) Chapter 70.105D RCW, model toxics control act; (c) Chapter 90.48 RCW, water pollution control; (d) Chapter 70.94 RCW, Washington clean air act; (e) Chapter 70.105 RCW, hazardous waste management act; and (f) Other factors intended to protect human health and the environment. (3) A material generated as a byproduct from the manufacturing of wood products that is approved by the department under this section for use as commercial fertilizer and that is distributed and used as such shall not be regulated as solid waste. (4) A party aggrieved by a decision of the department to issue a written approval under this section or to deny the issuance of such an approval may appeal the decision to the pollution control hearings board within thirty days of the decision. Review of such a decision shall be conducted in accordance with chapter 43.21B RCW. Any subsequent appeal of a decision of the hearings board shall be obtained in accordance with RCW 43.21B.180." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Morton moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5701.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Morton that the Senate do concur in the House amendment to Substitute Senate Bill No. 5701.
The motion by Senator Morton carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5701.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5701, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5701, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 37. Voting nay: Senators Franklin, Fraser, Kohl, McAuliffe, Newhouse, Prentice, Spanel, Swanson, Thibaudeau and Wojahn - 10. Excused: Senators McCaslin and Snyder - 2. SUBSTITUTE SENATE BILL NO. 5701, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 18, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5749 with the following amendment(s):
On page 7, line 9, after “installer” insert “who holds a medical gas piping installer endorsement”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Schow moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5749.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Schow that the Senate do concur in the House amendment to Substitute Senate Bill No. 5749.
The motion by Senator Schow carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5749.
MOTION
On motion of Senator Thibaudeau, Senator Fairley was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5749, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5749, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senator Stevens - 1. Excused: Senators Fairley, McCaslin and Snyder - 3. SUBSTITUTE SENATE BILL NO. 5749, as amended by the House, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5827, deferred earlier today after the Senate concurred in House amendment to the bill.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5827, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5827, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 5; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 41. Voting nay: Senators Brown, Franklin, McAuliffe, Swanson and Thibaudeau - 5. Excused: Senators Fairley, McCaslin and Snyder - 3. SUBSTITUTE SENATE BILL NO. 5827, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5002 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Huff, Carlson and H. Sommers.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Winsley, the Senate granted the request of the House for a conference on Substitute Senate Bill No. 5002 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 5002 and the House amendment(s) thereto: Senators Wood, Bauer and Winsley.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2279 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Huff, Backlund and Murray.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Winsley, the Senate granted the request of the House for a conference on Substitute House Bill No. 2279 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 2279 and the Senate amendment(s) thereto: Senators Deccio, Fairley and West.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5336 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives D. Schmidt, L. Thomas and Scott.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Horn moved that the Senate grant the request of the House for a conference on Substitute Senate Bill No. 5336 and the House amendment(s) thereto.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Horn that the Senate grant the request of the House for a conference on Substitute Senate Bill No. 5336 and the House amendment(s) thereto.
The motion by Senator Horn carried and the Senate granted the request of the House for a conference on Substitute Senate Bill No. 5336 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 5336 and the House amendment(s) thereto: Senators Horn, Patterson and Finkbeiner.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5867 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives B. Thomas, Carrell and Morris.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hale moved that the Senate grant the request of the House for a conference on Substitute Senate Bill No. 5867 and the House amendment(s) thereto.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale that the Senate grant the request of the House for a conference on Substitute Senate Bill No. 5867 and the House amendment(s) thereto.
The motion by Senator Hale carried and the Senate granted the request of the House for a conference on Substitute Senate Bill No. 5867 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 5867 and the House amendment(s) thereto: Senators Sellar, Haugen and Hale.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1054 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Carlson, Dunn and Mason.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Winsley, the Senate granted the request of the House for a conference on House Bill No. 1054 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on House Bill No. 1054 and the Senate amendment(s) thereto: Senators Winsley, Kohl and Hale.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 5484 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Dyer, Skinner and Wood.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Hale, the Senate granted the request of the House for a conference on Senate Bill No. 5484 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Senate Bill No. 5484 and the House amendment(s) thereto: Senators Deccio, Thibaudeau and Hale.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL No. 1850 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Dyer, Backlund and Cody.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Winsley, the Senate granted the request of the House for a conference on Engrossed Second Substitute House Bill No. 1850 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Second Substitute House Bill No. 1850 and the Senate amendment(s) thereto: Senators Deccio, Wojahn and Benton.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 5650 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives D. Schmidt, D. Sommers and Scott.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hale moved that the Senate grant the request of the House for a conference on Senate Bill No. 5650 and the House amendment(s) thereto.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale that the Senate grant the request of the House for a conference on Senate Bill No. 5650 and the House amendment(s) thereto.
The motion by Senator Hale carried and the Senate granted the request of the House for a conference on Senate Bill No. 5650 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Senate Bill No. 5650 and the House amendment(s) thereto: Senators Horn, Haugen and Finkbeiner.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1418 and asks the Senate to recede therefrom.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Oke, the Senate insists on its position regarding the Senate amendment(s) to Substitute House Bill No. 1418 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 1418 and the Senate amendment(s) thereto: Senators Prince, Jacobsen and Morton.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL No. 1581 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Sterk, Radcliff and Quall.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hochstatter moved that the Senate grant the request of the House for a conference on Engrossed House Bill No. 1581 and the Senate amendment(s) thereto.
POINT OF INQUIRY
Senator McAuliffe: “Senator Hochstatter, is the issue of concern in this bill--Engrossed House Bill No. 1581--the issue of being the definition of a gang? Is that the need for a conference?”
Senator Hochstatter: “Senator McAuliffe, my understanding is changing the definition is not to be an issue considered. That is my understanding in talking to the prime sponsor.”
The President declared the question before the Senate to be the motion by Senator Hochstatter to grant the request of the House for a conference on Engrossed House Bill No. 1581 and the Senate amendment(s) thereto.
The motion by Senator Hochstatter carried and the Senate granted the request of the House for a conference on Engrossed House Bill No. 1581 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed House Bill No. 1581 and the Senate amendment(s) thereto: Senators Zarelli, McAuliffe and Johnson.
MOTION
On motion of Senator Winsley, the Conference Committee appointments were confirmed.
MESSAGES FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SENATE BILL NO. 5034. The Speaker has appointed the following members as conferees: Representatives McMorris, Honeyford and Wood.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5710. The Speaker has appointed the following members as conferees: Representatives Carrell, Cooke and Kastama.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5718. The Speaker has appointed the following members as conferees: Representatives Robertson, K. Schmidt and Hatfield.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
At 3:08 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Wednesday, April 23, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate