SB 6107-S2 - DIGEST

(DIGEST AS ENACTED)

     Creates a community and economic development fee account for deposit of the funds.

     Authorizes the small business export finance assistance center to charge fees for services and products.

     Establishes implied warranty requirements for manufactured homes.

     Requires installation of manufactured homes by a certified installer.

     Establishes requirements for certification as an installer.

     Creates the manufactured home installation training account.

     Establishes penalties for infractions of installation requirements.

VETO MESSAGE ON SB 6107-S2

                   April 1, 1994

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

     I am returning herewith, without my approval as to sections 3, 5, and 6, Second Substitute Senate Bill No. 6107 entitled:

"AN ACT Relating to fees for services for the department of community, trade and economic development;"

     Sections 1 through 8 of Second Substitute Senate Bill No. 6107 grant authority to assess fees for services provided by various economic development programs.

     Section 3 would require the Office of Financial Management to approve a fee schedule proposed by the Department of Community, Trade and Economic Development. I am concerned that the section would set an inappropriate precedent for the Office of Financial Management's review of fees. Currently OFM approves certain internal revolving fund rates because of the effect these charges have on other state agency budgets. It does not approve specific fee schedules for the various fees assessed by other agencies. The section would establish an unnecessary oversight role for OFM.

     Section 5 would grant authority to the Clean Washington Center to assess fees for services rendered. It prohibits fees to be assessed to any person who pays assessments imposed under chapter 82.18 or 82.19 RCW. I am concerned that the language is written so broadly that it would apply to nearly every citizen of the state who purchases a product upon which these taxes are levied. In effect, the Clean Washington Center would be denied the ability to assess fees. In the process of setting fees by rule, the department shall take into account any assessments paid by a firm participating in the program.

     Section 6 of the bill creates a Clean Washington Center fee account in the state treasury. I believe that it is more appropriate for the department to maintain these funds in a subaccount as they have authority to do under current law. For this reason, I am vetoing this section.

     With the exception of sections 3, 5, and 6, Second Substitute Senate Bill No. 6107 is approved.

                   Respectfully submitted,

                   Mike Lowry

                   Governor