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FIRST SPECIAL SESSION
FOURTH DAY
__________
MORNING SESSION
_________
House Chamber, Olympia, Monday, March 14, 1994
The House was called to order at 10:00 a.m. by the Speaker (Representative Holm presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Joe Rasmus and Rebecca McMillian. Prayer was offered by Representative Moak.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
March 11, 1994
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2699,
and the same is herewith transmitted.
Marty Brown, Secretary
March 11, 1994
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8431,
and the same is herewith transmitted.
Marty Brown, Secretary
With the consent of the House, the House resumed consideration of Senate Bill No. 6055.
MOTION
On motion of Representative Carlson, Representatives Long, Wood, Tate, Dyer and Van Luven were excused.
MOTION
Representative H. Myers moved that the Conference Committee be dissolved, and that Senate Bill No. 6055 be adopted without the House amendments.
Representatives Dunshee and Edmondson spoke in favor of the motion.
On motion of Representative Peery, further consideration of Senate Bill No. 6055 was deferred.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
With the consent of the House, the House resumed consideration of Senate Bill No. 6055
The Speaker stated the question before the House to be the motion by Representative H. Myers to dissolve the Conference Committee, and pass Senate Bill No. 6055 without the House amendments. The motion was carried.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6055, without the House amendments.
Representatives H. Myers and Edmondson spoke in favor of passage of the bill.
MOTION
On motion of Representative J. Kohl, Representatives Dorn, Quall, Riley and Valle were excused.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6055 without the House amendments, and the bill passed the House by the following vote: Yeas - 71, Nays - 21, Absent - 0, Excused - 6.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brumsickle, Campbell, Caver, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Shin, Sommers, Springer, Thibaudeau, Thomas, L., Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 71.
Voting nay: Representatives Brough, Brown, Carlson, Casada, Cooke, Dyer, Fisher, R., Forner, Fuhrman, Johanson, Lisk, McMorris, Mielke, Padden, Sehlin, Sheldon, Silver, Stevens, Talcott, Thomas, B. and Van Luven - 21.
Excused: Representatives Dorn, Long, Riley, Tate, Valle and Wood - 6.
Senate Bill No. 6055, having received the constitutional majority, was declared passed.
With the consent of the House, the House resumed consideration of Engrossed Substitute Senate Bill No. 6244.
The Speaker stated the question before the House to be the motion to adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6244.
Representatives Sommers, Peery, Jacobsen, Wang, Appelwick, Thibaudeau, Karahalios, Wineberry, R. Fisher and Pruitt spoke in favor of the motion to adopt the Report of the Conference Committee and Representatives Silver, Ballard, Sehlin, Cooke, Brough, B. Thomas, Padden, Horn, Sheahan, Forner and Van Luven spoke against it.
The Speaker called upon Representative R. Meyers to preside.
Representative Sommers again spoke in favor of the motion.
Representative Zellinsky demanded the previous question and the demand was sustained.
The Speaker (Representative R. Meyers presiding) divided the House. The results of the division was: 63-YEAS; 30-NAYS. The motion was sustained.
Representative Patterson moved that the remarks made by Representative Wineberry be spread upon the Journal. The motion was carried.
Representative Wineberry: Thank you Mr. Speaker, ladies and gentlemen of the House. Of course, I'm rising to urge your support of this budget, it's been nitpicked, it's been detailed, it's been criticized from just about every member who has risen to speak from the other side of the aisle. But those who have negotiated this budget and those who have had the primary authorship of it like our chairwoman from the thirty-sixth district must be commended because we have resisted the other side's efforts to make us engage in further government waste. The other side would want us to address public safety with a formula that more prisons, more spending, more incarceration of juvenile youth equals a safer public. Well right now you have roughly eleven hundred youngsters serving in our juvenile institutions at fifty-five thousand dollars a year. You would have us spend more than the sixty million dollars that that equates to. You would have us expand in that area and cut in the prevention area that actually saves money because it's much cheaper, it's much more efficient to deal with the problem of juvenile violence exactly where the people of the state of Washington recognize that it is. And they recognize that it is summed up in five words. It all begins at home. By the time you get to a juvenile institution, you're not dealing with prevention any longer. Some would say it's too late to deal with corrections. But yet, when you look at this budget, where has the most efficient money been spent? It's been spent trying to bring together fractured families. When we talk about four million dollars on the state funding side, two more million dollars on the federal funding side for family services block grants, we are responding to the people of this state that have told us that it all begins at home. And we're trying to help them where the problems first show themselves visible. In the home, with parenting. With children, with childcare, with transitional therapeutic childcare, with safe schools and communities, with sexual assault prevention and treatment, it all begins at home. So for those of you who want to vote against this bill, go right ahead. Cast a vote to further runaway spending with prisons, to further runaway spending with DJR, beyond the sixty million dollars where we're at right now, and growing. For those of you who want to be efficient and who want to respond to the pleas of those citizens out there who are saying it all begins at home. And we need help, in our homes, in our neighborhoods, in our communities and within our families. I and others hope you will vote yes for this bill.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6244 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6244 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 54, Nays - 39, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Mastin, Meyers, R., Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 54.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Fisher, G., Foreman, Forner, Fuhrman, Horn, Johanson, Kremen, Lisk, McMorris, Mielke, Morris, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L. and Van Luven - 39.
Excused: Representatives Dorn, Long, Riley, Valle and Wood - 5.
Engrossed Substitute Senate Bill No. 6244, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
Representative Peery moved the House recess until 2:00 p.m.
The Speaker (Representative R. Meyers presiding) declared the House to be at recess until 2:00 p.m.
AFTERNOON SESSION
The Speaker (Representative R. Meyers presiding) called the House to order at 2:00 p.m.
The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
SENATE AMENDMENTS TO HOUSE BILL
March 14, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676 with the following amendments:
On page 83, after line 20, insert the following:
"NEW SECTION. Sec. 604. A new section is added to chapter 18.130 RCW to read as follows:
(1) The settlement process must be substantially uniform for licensees governed by regulatory entities having authority under this chapter.
(2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondents or their legal representative upon request.
(3) The settlement conference will occur only if a settlement is not achieved through written documents. Respondents will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. Respondents may also have their attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally.
(4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplinary authority member and have such a conference with the attorney general in attendance either by phone or in person."
On page 107, line 31, after "the" strike "committee" and insert "((committee)) board"
On page 177, after line 36, insert the following:
"NEW SECTION. Sec. 872. The legislature declares there has been an excessive proliferation of boards and commissions within state government. These boards and commissions are often created without legislative review or input and without an assessment of whether there is a resulting duplication of purpose or process. Once created, they frequently duplicate the duties of existing governmental entities, create additional expense, and obscure responsibility. It has been difficult to control the growth of boards and commissions because of the many special interests involved. Accordingly, the legislature establishes the process in this chapter to eliminate redundant and obsolete boards and commissions and to restrict the establishment of new boards and commissions.
NEW SECTION. Sec. 873. A new section is added to chapter 43.41 RCW to read as follows:
(1) The governor shall conduct a review of all of the boards and commissions identified under section 874 of this act and, by January 8th of every odd-numbered year, submit to the legislature a report recommending which boards and commissions should be terminated or consolidated based upon the criteria set forth in subsection (3) of this section. The report must state which of the criteria were relied upon with respect to each recommendation. The governor shall submit an executive request bill by January 8th of every odd-numbered year to implement the recommendations by expressly terminating the appropriate boards and commissions and by providing for the transfer of duties and obligations under this section. The governor shall accept and review with special attention recommendations made, not later than June 1st of each even-numbered year, by the standing committees of the legislature in determining whether to include any board or commission in the report and bill required by this section.
(2) In addition to terminations and consolidations under subsection (1) of this section, the governor may recommend the transfer of duties and obligations from a board or commission to another existing state entity.
(3) In preparing his or her report and legislation, the governor shall make an evaluation based upon answers to the questions set forth in this subsection. The governor shall give these criteria priority in the order listed.
(a) Has the mission of the board or commission been completed or ceased to be critical to effective state government?
(b) Does the work of the board or commission directly affect public safety, welfare, or health?
(c) Can the work of the board or commission be effectively done by another state agency without adverse impact on public safety, welfare, or health?
(d) Will termination of the board or commission have a significant adverse impact on state revenue because of loss of federal funds?
(e) Will termination of the board or commission save revenues, be cost neutral, or result in greater expenditures?
(f) Is the work of the board or commission being done by another board, commission, or state agency?
(g) Could the work of the board or commission be effectively done by a nonpublic entity?
(h) Will termination of the board or commission result in a significant loss of expertise to state government?
(i) Will termination of the board or commission result in operational efficiencies that are other than fiscal in nature?
(j) Could the work of the board or commission be done by an ad hoc committee?
NEW SECTION. Sec. 874. The boards and commissions to be reviewed by the governor must be all entities that are required to be included in the list prepared by the office of financial management under RCW 43.88.505, other than entities established under: (1) Constitutional mandate; (2) court order or rule; (3) requirement of federal law; or (4) requirement as a condition of the state or a local government receiving federal financial assistance if, in the judgment of the governor, no other state agency, board, or commission would satisfy the requirement.
NEW SECTION. Sec. 875. A new section is added to chapter 43.41 RCW to read as follows:
A new board or commission not established or required in statute that must be included in the report required by RCW 43.88.505 may not be established without the express approval of the director of financial management. The director shall, by January 8th of each year, submit to the legislature a list of those boards and commissions that were requested for approval and those that were approved during the preceding calendar year.
NEW SECTION. Sec. 876. A new section is added to chapter 43.41 RCW to read as follows:
When acting on a request to establish a new board or commission under section 875 of this act, the director of the office of financial management shall consider the following criteria giving priority in the order listed:
(1) If approval is critical to public safety, health, or welfare or to the effectiveness of state government;
(2) If approval will not result in duplication of the work or responsibilities of another governmental agency;
(3) If approval will not have a significant impact on state revenues;
(4) If approval is for a limited duration or on an ad hoc basis;
(5) If the work of the board or commission could be effectively done by a nonpublic entity;
(6) If approval will result in significant enhancement of expertise in state government; and
(7) If approval will result in operational efficiencies other than fiscal savings.
NEW SECTION. Sec. 877. (1) Sections 872 through 876 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 178, before line 1, insert the following:
"NEW SECTION. Sec. 872. The Washington traffic safety commission is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state patrol.
NEW SECTION. Sec. 873. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington traffic safety commission shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington traffic safety commission shall be made available to the Washington state patrol. All funds, credits, or other assets held by the Washington traffic safety commission shall be assigned to the Washington state patrol.
Any appropriations made to the Washington traffic safety commission shall, on the effective date of this section, be transferred and credited to the Washington state patrol.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 874. All employees of the Washington traffic safety commission are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
NEW SECTION. Sec. 875. All rules and all pending business before the Washington traffic safety commission shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.
NEW SECTION. Sec. 876. The transfer of the powers, duties, functions, and personnel of the Washington traffic safety commission shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 877. If apportionments of budgeted funds are required because of the transfers directed by sections 873 through 876 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 878. Nothing contained in sections 872 through 877 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
NEW SECTION. Sec. 879. A new section is added to chapter 43.06 RCW to read as follows:
The governor shall be responsible for the administration of the traffic safety program of the state and shall be the official of the state having ultimate responsibility for dealing with the federal government with respect to all programs and activities of the state and local governments pursuant to the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731). The governor is authorized and empowered to accept and disburse federal grants or other funds or donations from any source for the purpose of improving traffic safety programs in the state of Washington, and is hereby empowered to contract and to do all other things necessary in behalf of this state to secure the full benefits available to this state under the federal Highway Safety Act of 1966 and in so doing, to cooperate with federal and state agencies, agencies private and public, interested organizations, and with individuals, to effectuate the purposes of that enactment, and any and all subsequent amendments thereto. The governor shall be assisted in these duties and responsibilities by the Washington state patrol.
NEW SECTION. Sec. 880. A new section is added to chapter 43.06 RCW to read as follows:
The governor shall be assisted in the duties and responsibilities under section 879 of this act by the advisory committee on traffic safety. The advisory committee on traffic safety shall be composed of the governor as chair, the superintendent of public instruction, the director of licensing, the secretary of transportation, the chief of the state patrol, the secretary of health, the secretary of social and health services, a representative of the association of Washington cities to be appointed by the governor, a member of the Washington state association of counties to be appointed by the governor, a representative of the judiciary to be appointed by the governor, and four public citizens representing traffic safety interests to be appointed by the governor. In addition, appointments to any vacancies among appointee members shall be as in the case of original appointment.
The governor or any advisory committee member except those appointed by the governor under this section may designate an employee of his or her office or agency to act on his or her behalf during the absence of the governor or member at one or more of the meetings of the committee. The vote of the designee shall have the same effect as if cast by the member if the designation is in writing and is presented to the person presiding at the meetings included within the designation.
The governor may designate a member to preside during the governor's absence.
The chief of the state patrol shall be responsible for convening the committee and shall serve as secretary.
NEW SECTION. Sec. 881. A new section is added to chapter 43.06 RCW to read as follows:
The advisory committee on traffic safety shall provide assistance and guidance in the development of the highway safety plan required pursuant to the Highway Safety Act of 1966; develop recommendations for the creation, revision, or enforcement of traffic safety laws; promote programs to improve traffic safety; and advise and assist the governor and the state patrol, as requested, in carrying out their duties and responsibilities pertaining to the state's traffic safety program. Staff support for the committee shall be provided by the state patrol. The committee shall meet at least one time per year.
NEW SECTION. Sec. 882. A new section is added to chapter 43.43 RCW to read as follows:
In addition to other responsibilities set forth in this chapter the state patrol shall:
(1) Assist the governor to carry out duties and responsibilities pertaining to the traffic safety program of the state and the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731) as provided in section 879 of this act;
(2) Advise and confer with the governing authority of any political subdivision of the state deemed eligible under the federal Highway Safety Act of 1966 for participation in the aims and programs and purposes of that act;
(3) Advise and confer with all agencies of state government whose programs and activities are within the scope of the Highway Safety Act including those agencies that are not subject to direct supervision, administration, and control by the governor under existing laws;
(4) Provide staff support to the advisory committee on traffic safety as provided under section 881 of this act;
(5) Succeed to and be vested with all powers, duties, and jurisdictions previously vested in the Washington traffic safety commission;
(6) Carry out such other responsibilities as may be consistent with section 883 of this act.
NEW SECTION. Sec. 883. A new section is added to chapter 43.43 RCW to read as follows:
The governor's traffic safety program as provided in section 879 of this act shall be located in the office of the chief. As the agency carrying out the governor's traffic safety program, the Washington state patrol shall have the following responsibilities: To find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local levels in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed under the federal Highway Safety Act of 1966.
NEW SECTION. Sec. 884. A new section is added to chapter 43.43 RCW to read as follows:
The Washington state patrol shall submit a report each biennium outlining programs planned and steps taken toward improving traffic safety to the chair of the legislative transportation committee.
NEW SECTION. Sec. 885. A new section is added to chapter 43.43 RCW to read as follows:
The Washington state patrol shall produce and disseminate through all possible media, informational and educational materials explaining the extent of the problems caused by drinking drivers, the need for public involvement in their solution, and the penalties of existing and new laws against driving while under the influence of intoxicating liquor or any drug.
Sec. 886. RCW 28A.170.050 and 1987 c 518 s 209 are each amended to read as follows:
The superintendent of public instruction shall appoint a substance abuse advisory committee comprised of: Representatives of certificated and noncertificated staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the ((traffic safety commission)) Washington state patrol; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation.
Sec. 887. RCW 43.03.028 and 1993 c 281 s 45 and 1993 c 101 s 14 are each reenacted and amended to read as follows:
(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; ((the traffic safety commission;)) the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer fire fighters; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.
Sec. 888. RCW 43.43.390 and 1991 c 214 s 1 are each amended to read as follows:
Bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.
A bicycle awareness program is created within the Washington state patrol. In developing the curriculum for the bicycle awareness program the patrol shall consult with ((the traffic safety commission and with)) bicycling groups providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six. The patrol shall ensure that each safety educator presenting the bicycle awareness program has received specialized training in bicycle safety education and has been trained in effective defensive bicycle riding skills.
Sec. 889. RCW 43.70.410 and 1990 c 270 s 3 are each amended to read as follows:
As used in RCW 43.70.400 through 43.70.440, the term "head injury" means traumatic brain injury.
A head injury prevention program is created in the department of health. The program's functions may be integrated with those of similar programs to promote comprehensive, integrated, and effective health promotion and disease prevention.
In consultation with the ((traffic safety commission)) Washington state patrol, the department shall, directly or by contract, identify and coordinate public education efforts currently underway within state government and among private groups to prevent traumatic brain injury, including, but not limited to, bicycle safety, pedestrian safety, bicycle passenger seat safety, motorcycle safety, motor vehicle safety, and sports safety. If the department finds that programs are not available or not in use, it may, within funds appropriated for the purpose, provide grants to promote public education efforts. Grants may be awarded only after recipients have demonstrated coordination with relevant and knowledgeable groups within their communities, including at least schools, brain injury support organizations, hospitals, physicians, traffic safety specialists, police, and the public. The department may accept grants, gifts, and donations from public or private sources to use to carry out the head injury prevention program.
The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government. Agencies are directed to cooperate with assessment efforts by providing access to data and program records as reasonably required. The department may seek and receive additional funds from the federal government or private sources for assessments. Assessments shall contain findings and recommendations that will improve the effectiveness of public education efforts. These findings shall be distributed among public and private groups concerned with traumatic brain injury prevention.
Sec. 890. RCW 43.70.420 and 1990 c 270 s 4 are each amended to read as follows:
The department of health, the department of licensing, and the ((traffic safety commission)) Washington state patrol shall jointly prepare information for driver license manuals, driver education programs, and driving tests to increase driver awareness of pedestrian safety, to increase driver skills in avoiding pedestrian and motor vehicle accidents, and to determine drivers' abilities to avoid pedestrian motor vehicle accidents.
Sec. 891. RCW 44.40.070 and 1988 c 167 s 10 are each amended to read as follows:
Prior to October 1st of each even-numbered year all state agencies whose major programs consist of transportation activities, including the department of transportation, the utilities and transportation commission, the transportation improvement board, the Washington state patrol, the department of licensing, ((the traffic safety commission,)) the county road administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation committee, a comprehensive six-year program and financial plan for all transportation activities under each agency's jurisdiction.
The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.
Sec. 892. RCW 46.01.030 and 1990 c 250 s 14 are each amended to read as follows:
The department shall be responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;
(10) general highway safety promotion in cooperation with the Washington state patrol ((and traffic safety commission));
(11) such other activities as the legislature may provide.
Sec. 893. RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:
(1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.
(2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, ((the director of the Washington traffic safety commission)), and for such police officers or other cognizant public officials as may be designated by law. Such case records shall not be offered as evidence in any court except in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.
(3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.
Sec. 894. RCW 46.82.300 and 1984 c 287 s 93 are each amended to read as follows:
(1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors' advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state ((traffic safety commission)) patrol. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.
(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;
(b) Review violations of this chapter and to recommend to the director appropriate enforcement or disciplinary action as provided in this chapter;
(c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education; and
(d) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards.
Sec. 895. RCW 46.90.010 and 1993 c 400 s 2 are each amended to read as follows:
In consultation with the chief of the Washington state patrol ((and the traffic safety commission)), the director shall adopt in accordance with chapter 34.05 RCW a model traffic ordinance for use by any city, town, or county. The addition of any new section to, or amendment or repeal of any section in, the model traffic ordinance is deemed to amend any city, town, or county, ordinance which has adopted by reference the model traffic ordinance or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).
Sec. 896. RCW 47.01.250 and 1990 c 266 s 5 are each amended to read as follows:
The chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing are designated as official consultants to the transportation commission so that the goals and activities of their respective agencies which relate to transportation are fully coordinated with other related responsibilities of the department of transportation. In this capacity, the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the transportation commission and the secretary of transportation on the implications and impacts on the transportation related functions and duties of their respective agencies of any proposed comprehensive transportation plan, program, or policy.
In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective agencies' plans, programs, and budgets as they pertain to transportation activities. The secretary of transportation shall provide written comments to the governor and the legislature on the extent to which the state patrol's, ((the traffic safety commission's,)) the county road administration board's, and the department of licensing's final plans, programs, and budgets are compatible with the priorities established in the department of transportation's final plans, programs, and budgets.
NEW SECTION. Sec. 897. The following acts or parts of acts are each repealed:
(1) RCW 43.59.010 and 1967 ex.s. c 147 s 1;
(2) RCW 43.59.020 and 1967 ex.s. c 147 s 2;
(3) RCW 43.59.030 and 1991 c 3 s 298, 1982 c 30 s 1, 1979 c 158 s 105, 1971 ex.s. c 85 s 7, 1969 ex.s. c 105 s 1, & 1967 ex.s. c 147 s 3;
(4) RCW 43.59.040 and 1983 1st ex.s. c 14 s 1 & 1967 ex.s. c 147 s 4;
(5) RCW 43.59.050 and 1975-'76 2nd ex.s. c 34 s 120 & 1967 ex.s. c 147 s 6;
(6) RCW 43.59.060 and 1967 ex.s. c 147 s 7;
(7) RCW 43.59.070 and 1967 ex.s. c 147 s 8;
(8) RCW 43.59.080 and 1967 ex.s. c 147 s 9;
(9) RCW 43.59.130 and 1987 c 505 s 31, 1971 ex.s. c 195 s 5, & 1967 ex.s. c 147 s 14; and
(10) RCW 43.59.140 and 1991 c 290 s 4 & 1983 c 165 s 42.
NEW SECTION. Sec. 898. This act shall take effect July 1, 1994."
On page 2, line 11 of the title, strike "and 90.54.190" and insert "90.54.190, 28A.170.050, 43.43.390, 43.70.410, 43.70.420, 44.40.070, 46.01.030, 46.52.120, 46.82.300, 46.90.010, and 47.01.250"
On page 2, line 12 of the title, strike "and"
On page 2, beginning on line 12 of the title, after "71.05.210" strike "and 75.30.050" and insert ", 75.03.050 and 43.03.028"
On page 2, beginning on line 14, after "18.71 RCW;" insert "adding a new section to chapter 18.130 RCW;"
On page 2, line 16 of the title, after "88.46 RCW;" insert "adding new sections to chapter 43.41 RCW;"
On page 2, line 16 of the title, after "88.46 RCW;" insert "adding new sections to chapter 43.06 RCW; adding new sections to chapter 43.43 RCW;"
On page 3, line 6 of the title, after "88.44.901," strike "and 88.46.110" and insert "88.46.110, 43.59.010, 43.59.020, 43.59.030, 43.59.040, 43.59.050, 43.59.060, 43.59.070, 43.59.080, 43.59.130, and 43.59.140"
On page 3, beginning on line 7 of the title, after "penalties;" strike the remainder of the title and insert "providing an effective date; and declaring an emergency."
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Sommers moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 2676 and pass the bill as amended by the Senate. The motion was carried.
MOTION
On motion of Representative Carlson, Representatives Long and Wood were excused.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2676 as amended by the Senate.
Representative Dunshee spoke in favor of passage of the bill.
MOTION
With the consent of the House, Representatives Dorn, Riley and Valle were excused.
Representative Dunshee yielded to a question by Representative Dyer.
Representative Dyer: Representative Dunshee, you mentioned that this bill would save money. Do you have any estimate, what the cost savings are?
Representative Dunshee: Two-hundred thousand, as listed in the budget, roughly.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2676 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 93.
Excused: Representatives Dorn, Long, Riley, Valle and Wood - 5.
Engrossed Substitute House Bill No. 2676 as amended by the Senate, having received the constitutional majority, was declared passed.
Representative Campbell: Thank you Mr. Speaker, I want to take a brief moment, to apologize to the members of the House for the little fracas that I had with my seatmate a couple of days back. It's certainly been blown way out of proportion and I wanted everyone to know that both myself and Representative Dorn have kissed and made up and the only thing hurt was our feelings. But I certainly don't want to cause any embarrassment or hard feelings within the members of this body but I also wanted to put to rest, Mr. Speaker, the rumor that Representative Heavey has been negotiating with Don King for a royal battle between Representative Zellinsky, Heavey, myself and Representative Dorn. So there is no truth to that rumor and there will not be a battle in the legislature.
MESSAGE FROM THE SENATE
March 14, 1994
Mr. Speaker:
The Senate has adopted the report of the Conference Committee to ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, and passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, the House advanced to the eighth order of business.
RESOLUTIONS
HOUSE RESOLUTION NO. 94-4728, by Representatives Carlson, Morris, Springer and Ogden
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Prairie High School Falcons Girls' Basketball Team exhibited the highest level of excellence in overcoming the competition and winning the Washington State High School Girls' Basketball "AAA" Championship in the Seattle Coliseum, in Seattle, Washington, on March 12, 1994; and
WHEREAS, The Prairie High School Falcons Girls' Basketball Team won the Washington State High School Girls' Basketball "AAA" Championship by defeating their arch-rivals in Southwest Washington's Greater St. Helens League, the Battle Ground Tigers, by a score of 40 to 22 before a large live and television audience; and
WHEREAS, The Prairie High School Falcons Girls' Basketball Team demonstrated spirited play and exemplary sportsmanship in achieving this outstanding accomplishment, winning the Washington State High School Girls' Basketball "AAA" Championship in the school's first year of competition in class "AAA" play over the Battle Ground Tigers, who are also in their first year of competition in class "AAA" play; and
WHEREAS, The Prairie High School Falcons Girls' Basketball Team also won the Washington State High School Girls' Basketball "AA" Championship last season making them the first team ever to accomplish back-to-back state championships in class "AA" and class "AAA" tournament play; and
WHEREAS, The Prairie High School Falcons Girls' Basketball Team won the Southwest Washington State High School Girls' Basketball "AAA" district title earlier this season at Hudson's Bay High School in Vancouver, Washington by defeating their same arch-rivals, the Battle Ground Tigers, in the title game by a score of 36 to 35; and
WHEREAS, The Prairie High School Falcons Girls' Basketball Team had a remarkable 1993-94 season team record of twenty-three wins and only three losses; and
WHEREAS, Prairie High School Falcons Girls' Basketball Team players, Beth Hamrick and Brook Spence, were named to the Girls' Basketball "AAA" Championship All-Tournament's First Team, an extraordinary feat that exemplifies the epitome of well-rounded and skilled athletes; and
WHEREAS, The Prairie High School Falcons Head Coach Al Aldridge, and Assistant Coaches Ken Storey and Steve Rhodes, and all the players, Missy Moss, Danielle Dettorre, Beth Hamrick, Angie Rosales, Brook Spence, Mandy Lapsley, Aimee Brockway, Tiffany Elder, Sonja Curtis, Rose Adkins, Lisa Maylone, and Kell Bradstreet, all share in the Prairie High School Falcons Girls' Basketball Team's fantastic success by combining outstanding coaching with outstanding playing; and
WHEREAS, These phenomenal accomplishments could not have been achieved without the support and encouragement of all the students, cheerleaders, band members, faculty, staff, alumni, families, friends, community members, and all the fans who backed the Falcons all the way; and
WHEREAS, The inspiring individual and team achievements of the 1993-94 Prairie High School Falcons Girls' Basketball Team will always be remembered when commemorating their incredible winning year; and
WHEREAS, The victorious Prairie High School Falcons Girls' Basketball Team is a source of great pride to all the citizens of the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the 1993-94 Prairie High School Falcons Girls' Basketball Team; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Head Coach Al Aldridge, the entire 1993-94 Prairie High School Falcons Girls' Basketball Team, and the Principal of Prairie High School, Charles Elliott.
Representative Carlson moved adoption of the resolution.
House Resolution No. 4728 was adopted.
HOUSE RESOLUTION NO. 94-4724, by Representatives Moak, Rayburn, Bray, Lisk and J. Kohl
WHEREAS, In 1869, an abstemious minister-turned-physician named Thomas Bramwell Welch developed an unfermented grape "wine" -- the world's first grape juice -- for communion services at his church; and
WHEREAS, The Concord grape, used to make this juice and assorted other products, can be grown successfully in the Eastern region of our state but few other regions throughout the world; and
WHEREAS, In the Kennewick Valley some fifty years ago grew the greatest number of Concord grapes in the world, then grown in the vineyards of the Church Grape Juice Company, which was purchased by Welch's in the 1950's; and
WHEREAS, Today, the Welch's company bears its founder's name, with processing and storage facilities in Kennewick and Grandview, is the leading purveyor of bottled and canned grape juice, grape jelly and jam, squeezable spreads, frozen grape juice, and frozen noncitrus juice cocktails; and
WHEREAS, The Welch's company is a company whose history and tradition has always been, and continues to be, one of innovation and outstanding quality;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington salute Welch's during this, its 125th year, and wish it and all of its employees and Washington grape growers long and continued success; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Welch's Chief Executive Officer Everett Baldwin, Kennewick Plant Director Bill Ransom, and Grandview Plant Superintendent Vince Anderson.
Representative Moak moved adoption of the resolution and spoke in favor of it.
House Resolution No. 4724 was adopted.
HOUSE RESOLUTION NO. 94-4726, by Representatives R. Johnson, Quall, Sehlin, Karahalios and J. Kohl
WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and
WHEREAS, Every April the tulips are in bloom, celebrating the beginning of spring; and
WHEREAS, The Skagit Valley begins the festival season in Washington State with the Skagit Valley Tulip Festival; and
WHEREAS, This year's tenth annual event will run from April 1 through April 17, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, La Conner, and Mount Vernon; and
WHEREAS, Nearly half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event and contributing to the economy of the Skagit Valley; and
WHEREAS, This year's visitors will be overwhelmed by more than one thousand five hundred acres of tulips reflecting all the colors of the rainbow and by the fullness of life in the valley and its wonderful people; and
WHEREAS, Highlights of the event include the Mount Vernon Street Fair, a Sousa concert, an International Volkswalk, the Tulip Pedal bicycle ride, the Paccar Open House, and a 10K Slug Run;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives salute the five communities of the Skagit Valley and their chambers of commerce for their Skagit Valley Tulip Festival; and
BE IT FURTHER RESOLVED, That we commend the community leaders and corporate sponsors responsible for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular display; and
BE IT FURTHER RESOLVED, That the House of Representatives issue this resolution in recognition of the Skagit Valley Tulip Festival, April 1 through 17, 1994.
Representative R. Johnson moved adoption of the resolution.
House Resolution No. 4726 was adopted.
MESSAGE FROM THE SENATE
March 14, 1994
Mr. Speaker:
The Senate dissolved the Conference Committee on SENATE BILL NO. 6055, did not adopt the conference report, and passed the bill as originally passed by the Senate.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
The Speaker declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTION AND FIRST READING
2E2SSB 6291 by Committee on Ways & Means (originally sponsored by Senators M. Rasmussen, Prince, McCaslin, Bauer, Winsley and Newhouse)
AN ACT Relating to the processing of water rights.
2ESB 6480 by Senators Moore, Vognild, Prentice, Sheldon, Pelz, Nelson, Sutherland and McAuliffe
AN ACT Relating to unemployment compensation.
ESSB 6608 by Committee on Ways & Means (originally sponsored by Senators Rinehart and Gaspard)
AN ACT Relating to the business and occupation taxation of moneys received by health or social welfare organizations from governmental entities for health or social welfare services.
SCR 8431 by Senators Fraser, Bluechel, Gaspard, Prince, Franklin, Moyer, M. Rasmussen, Sellar, Sheldon and Spanel
Forming the Washington-Hyogo Legislative Friendship Association.
MOTION
On motion of Representative Peery, the rules were suspended and Second Engrossed Second Substitute Senate Bill No. 6291 was advanced to the second reading calendar.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6291, by Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Prince, McCaslin, Bauer, Winsley and Newhouse)
Affecting the processing of water rights.
Representative B. Thomas moved adoption of the following amendment by Representative B. Thomas:
On page 17, beginning on line 38, after "1998" strike all material through "RCW 90.03.470" on line 39
On page 22, line 22, strike:
"(7) Registration fee for exempt wells $45"
On page 23, strike all material on lines 13 through 22 inclusive.
On page 27, line 5, strike:
"(7) Registration fee for exempt wells $45"
On page 27, beginning on line 35, strike all material through line 5 on page 28
Representatives B. Thomas and Campbell spoke in favor of the adoption of the amendment and Representative Pruitt spoke against it.
Representative Padden demanded an electronic roll call vote and the demand was sustained.
With the consent of the House, the House deferred further consideration of Second Engrossed Second Substitute Senate No. 6291.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MESSAGES FROM THE SENATE
March 14, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2699,
HOUSE CONCURRENT RESOLUTION NO. 4438,
and the same are herewith transmitted.
Marty Brown, Secretary
March 14, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6244,
and the same are herewith transmitted.
Marty Brown, Secretary
March 14, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319,
and the same is herewith transmitted.
Marty Brown, Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 6244,
MESSAGE FROM THE SENATE
March 14, 1994
Mr. Speaker:
The Senate has adopted the report of the Conference Committee to SUBSTITUTE HOUSE BILL NO. 2671, and passed the bill as recommended by the Conference Committee,
and the same is herewith transmitted.
Marty Brown, Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Reducing gross receipts taxes for small businesses.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 2671, Small busns gross recpt tax, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the attached amendments to page 1, line 10; page 3, after line 23; and page 1, line 3 of the title, be adopted:
On page 1, line 10, strike "sixty" and insert "thirty-five"
On page 3, after line 23, insert the following:
"NEW SECTION. Sec. 6. Section 1 of this act applies to the entire period of reporting periods ending after the effective date of this act."
On page 1, line 3 of the title, after "82.04 RCW;" insert "creating a new section;"
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators McDonald, Owen; Representative G. Fisher, Peery.
MOTION
Representative G. Fisher moved that the House adopt the Report of the Conference Committee on Substitute House Bill No. 2671 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2671
as recommended by the Conference Committee.
Representatives G. Fisher, Foreman and Dyer spoke in favor of final passage of Substitute House Bill No. 2671 as recommended by the Conference Committee.
MOTIONS
On motion of Representative J. Kohl, Representatives Dorn, Riley, and Valle were excused.
On motion of Representative L. Thomas, Representatives Wood and Long were excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2671 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 91, Nays - 2, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Van Luven, Veloria, Wang, Wineberry, Zellinsky and Mr. Speaker - 91.
Voting nay: Representatives Sommers and Wolfe - 2.
Excused: Representatives Dorn, Long, Riley, Valle and Wood - 5.
Substitute House Bill No. 2671, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
Representative Peery moved that the rules be suspended and Engrossed Second Substitute Senate Bill No. 6347 and Senate Concurrent Resolution No. 8431 be advanced to the second reading calendar. The motion was carried.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6347, by Senate Committee on Ways & Means (originally sponsored by Senators Skratek, Sellar, Gaspard, Owen, Bluechel, Pelz, Winsley, McAuliffe, Quigley, Ludwig, A. Smith, Deccio, Moyer and M. Rasmussen; by request of Governor Lowry)
Providing tax credits and deferrals for high-technology businesses.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6347.
Representatives Finkbeiner, G. Fisher, Foreman, Jacobsen, Backlund and Sheldon spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6347, and the bill passed the House by the following vote: Yeas - 78, Nays - 15, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Casada, Caver, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Linville, Lisk, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schoesler, Scott, Sheahan, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Van Luven, Wang, Wineberry and Mr. Speaker - 78.
Voting nay: Representatives Brough, Carlson, Cole, G., Fisher, R., Jacobsen, Kremen, Leonard, Rust, Schmidt, Sehlin, Sheldon, Sommers, Veloria, Wolfe and Zellinsky - 15.
Excused: Representatives Dorn, Long, Riley, Valle and Wood - 5.
Engrossed Second Substitute Senate Bill No. 6347, having received the constitutional majority, was declared passed.
SENATE CONCURRENT RESOLUTION NO. 8431, by Senators Fraser, Bluechel, Gaspard, Prince, Franklin, Moyer, M. Rasmussen, Sellar, Sheldon and Spanel
Forming the Washington-Hyogo Legislative Friendship Association.
With the consent of the House, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
The Speaker stated the question before the House to be final adoption of Senate Concurrent Resolution No. 8431.
Representative Shin spoke in favor of adoption of the resolution.
Senate Concurrent Resolution No. 8431 was adopted.
MESSAGE FROM THE SENATE
March 14, 1994
Mr. Speaker:
The Senate has adopted the report of the Conference Committee to ENGROSSED HOUSE BILL NO. 2664, and passed the bill as recommended by the Conference Committee,
and the same are herewith transmitted.
Marty Brown, Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Modifying provisions for tax deferrals for investment projects in distressed areas.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 2664, Distressed area investments, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the striking amendment by the Conference Committee (see attached 2664.E AMC CONF S5996.2) be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.60.020 and 1993 sp.s. c 25 s 403 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax deferral under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; ((or)) (c) a designated neighborhood reinvestment area approved under RCW 43.63A.700; (d) a town with a population of less than twelve hundred persons in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601; or (e) a county designated by the governor as an eligible area under section 9 of this act.
(4)(a) "Eligible investment project" means that portion of an investment project which:
(i) Is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested in an application approved before July 1, 1994, and for each seven hundred fifty thousand dollars of investment on which a deferral is requested in an application approved after June 30, 1994; and
(ii) Either initiates a new operation, or expands or diversifies a current operation by expanding, equipping, or renovating an existing ((building)) facility with costs in excess of twenty-five percent of the true and fair value of the ((plant complex)) facility prior to improvement((; or
(iii) Acquires machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure)). The lessor/owner of ((the structure)) a qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.
(b) For purposes of (a)(i) of this subsection, the number of new full-time qualified employment positions created by an investment project shall be deemed to be reduced by the number of full-time employment positions maintained by the recipient in any other community in this state that are displaced as a result of the investment project.
(c) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5), other than cogeneration projects that are both an integral part of a manufacturing facility and owned at least fifty percent by the manufacturer, or investment projects which have already received deferrals under this chapter.
(5) "Investment project" means an investment in qualified buildings ((and)) or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.
(6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(7) "Person" has the meaning given in RCW 82.04.030.
(8) "Qualified buildings" means ((new)) structures used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.
(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.
(10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.
(11) "Recipient" means a person receiving a tax deferral under this chapter.
(12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
Sec. 2. RCW 82.60.030 and 1985 c 232 s 3 are each amended to read as follows:
Application for deferral of taxes under this chapter must be made before initiation of the construction of the investment project or acquisition of equipment or machinery. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the location of the investment project, the applicant's average employment in the state for the prior year, estimated or actual new employment related to the project, estimated or actual wages of employees related to the project, estimated or actual costs, time schedules for completion and operation, and other information required by the department. The department shall rule on the application within sixty days.
Sec. 3. RCW 82.60.040 and 1986 c 116 s 13 are each amended to read as follows:
(1) The department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on each eligible investment project that:
(a) Is located in an eligible area other than a designated neighborhood reinvestment area approved under RCW 43.63A.700;
(b) Is located in any county if seventy-five percent of the new qualified employment positions are to be filled by residents of a contiguous county that qualifies as an eligible area; or
(c) Is located in a designated neighborhood reinvestment area approved under RCW 43.63A.700, or in a county containing such a neighborhood reinvestment area, if seventy-five percent of the new qualified employment positions are to be filled by residents of the neighborhood reinvestment area.
(2) The department shall keep a running total of all deferrals granted under this chapter during each fiscal biennium.
NEW SECTION. Sec. 4. A new section is added to chapter 82.60 RCW to read as follows:
In addition to the other requirements of this chapter, a recipient of a tax deferral under RCW 82.60.040(1) (b) or (c) shall meet the following requirements:
(1) The recipient shall fill at least seventy-five percent of the new qualified employment positions with residents of the contiguous county or neighborhood reinvestment area by December 31 of the calendar year during which the department certifies that the investment project is operationally completed, and shall maintain the required percentage during each of the seven succeeding calendar years.
(2) If the deferral is for expansion or diversification of an existing facility, the recipient shall ensure that the percentage of qualified employment positions filled by residents of the contiguous county or neighborhood reinvestment area for periods prior to the application be maintained for seven calendar years after the year during which the department certifies that the investment project is operationally completed.
Sec. 5. RCW 82.60.070 and 1985 c 232 s 6 are each amended to read as follows:
(1) Each recipient of a deferral granted under this chapter prior to July 1, 1994, shall submit a report to the department on December 31st of each year during the repayment period until the tax deferral is repaid. Each recipient of a deferral granted under this chapter after June 30, 1994, shall submit a report to the department on December 31st of the year in which the investment project is certified by the department as having been operationally completed, and on December 31st of each of the seven succeeding calendar years. The report shall contain information, as required by the department, from which the department may determine whether the recipient is meeting the requirements of this chapter. If the recipient fails to submit a report or submits an inadequate report, the department may declare the amount of deferred taxes outstanding to be immediately assessed and payable.
(2) If, on the basis of a report under this section or other information, the department finds that an investment project is not eligible for tax deferral under this chapter for reasons other than failure to create the required number of qualified employment positions, the amount of deferred taxes outstanding for the project shall be immediately due.
(3) If, on the basis of a report under this section or other information, the department finds that an investment project for which a deferral has been granted under this chapter prior to July 1, 1994, has been operationally complete for three years and has failed to create the required number of qualified employment positions, the department shall assess interest, but not penalties, on the deferred taxes for the project. The interest shall be assessed at the rate provided for delinquent excise taxes, shall be assessed retroactively to the date of deferral, and shall accrue until the deferred taxes are repaid.
(4) If, on the basis of a report under this section or other information, the department finds that an investment project for which a deferral has been granted under this chapter after June 30, 1994, has been operationally complete for three years and has failed to create the required number of qualified employment positions, the amount of taxes not eligible for deferral shall be immediately due. The department shall assess interest at the rate provided for delinquent excise taxes, but not penalties, retroactively to the date of deferral.
(5) If, on the basis of a report under this section or other information, the department finds that an investment project qualifying for deferral under RCW 82.60.040(1) (b) or (c) has failed to comply with any requirement of section 4 of this act for any calendar year for which reports are required under subsection (1) of this section, twelve and one-half percent of the amount of deferred taxes shall be immediately due. The department shall assess interest at the rate provided for delinquent excise taxes, but not penalties, retroactively to the date of deferral.
Sec. 6. RCW 82.60.065 and 1986 c 116 s 14 are each amended to read as follows:
((Notwithstanding any other provision of this chapter,)) Except as provided in RCW 82.60.070:
(1) Taxes deferred under this chapter on the sale or use of labor that is directly used in the construction of an investment project for which a deferral has been granted under this chapter after June 11, 1986, and prior to July 1, 1994, need not be repaid.
(2) Taxes deferred under this chapter on an investment project for which a deferral has been granted under this chapter after June 30, 1994, need not be repaid.
Sec. 7. RCW 82.60.050 and 1993 sp.s. c 25 s 404 are each amended to read as follows:
RCW 82.60.030 and 82.60.040 shall expire July 1, ((1998)) 2004.
NEW SECTION. Sec. 8. A new section is added to chapter 82.60 RCW to read as follows:
If the department determines that an investment project for which an exemption is granted under this chapter competes with an investment project for which a deferral is granted under this chapter, the department shall study the impacts on the project for which a deferral is granted and report to the fiscal committees of the legislature concerning revenue matters.
NEW SECTION. Sec. 9. A new section is added to chapter 82.60 RCW to read as follows:
The governor is authorized to designate a county as an eligible area for purposes of this chapter if, as a result of a natural disaster or business or military base closure or mass layoff, the twelve-month average unemployment rate using the projected level of new unemployment in the county over the ensuing twelve months added to the base unemployment level in the county for the preceding twelve months will exceed the previous twelve-month average state unemployment rate by forty percent. The designation shall be effective for a period of twelve months.
NEW SECTION. Sec. 10. This act shall take effect July 1, 1994."
On page 1, line 2 of the title, after "areas;" strike the remainder of the title and insert "amending RCW 82.60.020, 82.60.030, 82.60.040, 82.60.070, 82.60.065, and 82.60.050; adding new sections to chapter 82.60 RCW; and providing an effective date."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Rinehart, Owen; Representatives G. Fisher, Peery.
MOTION
Representative G. Fisher moved that the House adopt the Report of the Conference Committee on Engrossed House Bill No. 2664 and pass the bill as recommended by the Conference Committee.
Representatives G. Fisher and Foreman spoke in favor of motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2644 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2644 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 86, Nays - 6, Absent - 1, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kremen, Lemmon, Linville, Lisk, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Van Luven, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 86.
Voting nay: Representatives Cole, G., Kohl, J., Leonard, Rust, Veloria and Wang - 6.
Absent: Representative Scott - 1.
Excused: Representatives Dorn, Long, Riley, Valle and Wood - 5.
Engrossed House Bill No. 2644, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
REPORT OF CONFERENCE COMMITTEE
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6606, repealing the general business and occupation surtax, have had the same under consideration and we recommend that the House amendment not be adopted, and the striking amendment by the Conference Committee (attached 6066 AMC CONF H4588.3) be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.04.2201 and 1993 sp.s. c 25 s 204 are each amended to read as follows:
There is levied and shall be collected for the period July 1, 1993, through June 30, 1997, from every person for the act or privilege of engaging in business activities, as a part of the tax imposed under RCW 82.04.220 through 82.04.280 and 82.04.290(3), except RCW 82.04.250(1) and 82.04.260(15), an additional tax equal to ((6.5)) 4.5 percent multiplied by the tax payable under those sections.
To facilitate collection of these additional taxes, the department of revenue is authorized to adjust the basic rates of persons to which this section applies in such manner as to reflect the amount to the nearest one-thousandth of one percent of the additional tax hereby imposed, adjusting ten-thousandths equal to or greater than five ten-thousandths to the greater thousandth.
NEW SECTION. Sec. 2. This act shall take effect January 1, 1995."
On page 1, line 2 of the title, after "82.04.2201;" strike the remainder of the title and insert "amending RCW 82.04.2201; and providing an effective date."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Rinehart, Owen; Representatives G. Fisher, Peery.
MOTION
Representative G. Fisher moved that the House adopt the Report of the Conference Committee on Senate Bill No. 6066 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Senate Bill No. 6606 as recommended by the Conference Committee.
Representatives G. Fisher and Foreman spoke in favor of passage of the bill.
Representatives G. Fisher and Foreman again spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6606 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 90, Nays - 3, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven, Veloria, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 90.
Voting nay: Representatives Sommers, Thibaudeau and Wang - 3.
Excused: Representatives Dorn, Long, Riley, Valle and Wood - 5.
Senate Bill No. 6066 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MESSAGES FROM THE SENATE
March 14, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676,
and the same is herewith transmitted.
Marty Brown, Secretary
March 14, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6347,
SENATE CONCURRENT RESOLUTION NO. 8431,
and the same are herewith transmitted.
Marty Brown, Secretary
March 14, 1994
Mr. Speaker:
The Senate has adopted the report of the Conference Committee to SENATE BILL NO. 6606, and passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Marty Brown, Secretary
Representative Forner moved the House suspend House Rule 13(C). The motion was carried.
MESSAGE FROM THE SENATE
March 14, 1994
Mr. Speaker:
The Senate has adopted the report of the Conference Committee to Engrossed House Bill No. 2670 and passed the bill as recommended by the Conference Committee,
and the same is herewith transmitted.
Marty Brown, Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Increasing senior citizen property tax relief.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 2670, Senior citizen prop tx relef, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the Conference Committee amendments (2760.E AMC CONF H4610.2) be adopted with the following changes:
On page 4 of the Conference Committee report, after line 36, strike all of section 3 and insert the following:
"NEW SECTION. Sec 3. This act shall take effect on July 1st of the year in which specific funding for the administrative costs associated with this act, referenceing this act by bill or session law number, is provided in an appropriations act, and this act shall be effective for taxes levied for collection in the year following the year in which the funding is provided, and thereafter."
On page 5, line 6 of the title amendment, strike "creating a new section" and insert "providing a contingent effective date"
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.36.381 and 1993 c 178 s 1 are each amended to read as follows:
A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:
(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of ((January 1st of the year for which the exemption is claimed)) the time of filing: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:
(a) The residence is temporarily unoccupied;
(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or
(c) The residence is rented for the purpose of paying nursing home or hospital costs;
(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenant shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;
(3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;
(4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the ((preceding)) assessment year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the ((preceding)) assessment year by reason of the death of the person's spouse, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after ((the death of the spouse)) such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation of such income prior to May 31 of the year following application.
(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of ((twenty-six)) twenty-eight thousand dollars or less shall be exempt from all excess property taxes; and
(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or
(ii) A person who otherwise qualifies under this section and has a combined disposable income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence.
(6) For a person who otherwise qualifies under this section and has a combined disposable income of twenty-eight thousand dollars or less, the taxable value of the residence shall not exceed the lesser of (a) the assessed value of the residence as reduced by the exemption under subsection (5) of this section, if any, or (b) the taxable value of the residence for the previous year, increased by the inflation factor for the assessment year. For counties that do not revalue property annually, the amount under (b) of this subsection shall be the previous taxable value increased by the inflation factor for each assessment year since the previous revaluation of the residence. As used in this section, "inflation factor" means the percentage change used by the federal government in adjusting social security payments for inflation at the beginning of each year. The department shall provide inflation factors to the county assessors annually.
Sec. 2. RCW 84.36.383 and 1991 c 213 s 4 are each amended to read as follows:
As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a different meaning:
(1) The term "residence" shall mean a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre. The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides. The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080((,)) and 84.04.090 ((or 84.40.250)), such a residence shall be deemed real property.
(2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040.
(3) ((The term "preceding calendar year" shall mean the calendar year preceding the year in which the claim for exemption is to be made.
(4))) "Department" shall mean the state department of revenue.
(((5))) (4) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the residence for the ((preceding calendar)) assessment year, less amounts paid by the person claiming the exemption or his or her spouse during the ((previous)) assessment year for the treatment or care of either person received in the home or in a nursing home.
(((6))) (5) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:
(a) Capital gains, other than nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant-care and medical-aid payments;
(f) Veterans benefits other than attendant-care and medical-aid payments;
(g) Federal social security act and railroad retirement benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(((7))) (6) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act shall be effective for taxes levied for collection in 1995 and thereafter."
On page 1, line 2 of the title, after "disability;" strike the remainder of the title and insert "amending RCW 84.36.381 and 84.36.383; and creating a new section."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Rinehart, McDonald, Owen; Representatives G. Fisher, Peery, Foreman.
MOTIONS
Representative G. Fisher moved that the House adopt the Report of the Conference Committee on Engrossed House Bill No. 2670 and pass the bill as recommended by the Conference Committee. The motion was carried.
On motion of Representative J. Kohl, Representatives R. Johnson and Leonard were excused.
Representative Foreman yielded to a question by Representative B. Thomas.
Representative B. Thomas: Thank you, Mr. Speaker. When does this bill take effect? Is it possible that this act will never benefit seniors?
Representative Foreman: It takes effect when and if some future legislation funds it. Of course some future legislature could do this with or without the permission of this legislature. If you think some future legislature will pay for the cut but credit this legislature with the act I have a bridge to sell you. It is very possible and in fact probable that this act will never benefit seniors.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2670 as recommended by the Conference Committee.
Representatives G. Fisher, Van Luven, Jones, Horn and Heavey spoke in favor of passage of the bill and Representative Fuhrman spoke against it.
Representative G. Fisher again spoke in favor of passage of the bill.
Representative Forner moved that the remarks made by Representative G. Fisher be spread upon the Journal. The motion was carried.
Representative G. Fisher: Thank you Mr. Speaker. Not a long speech, but I do want to say this, of all the bills we've done tonight none will have a greater impact than this one does on its targeted audience. You know for senior citizens it hasn't been exemptions that have turned the property tax system around for them but assessment limitations will. You know seniors are a special class and that they have fixed incomes and their ability to raise their income is terribly limited. It seems cruel and unusual to expect them to be able to handle on social security benefits that rise on an average of 3.5 percent a year, to handle 50 percent of assessment increases every time we have a housing boom. This amendment will say that no longer will our lowest income seniors and disabled retirees have to pay this level of assessed growth. Instead it will be capped to what the social security benefit is. This bill makes sense, it will finally take care of the senior property tax issue. You know, I've tried to do other bills this year to turn the property tax system around for other low and middle income people but we don't have a constitution that allows us to do it at this point and I hope we can unite in the next year to figure out a way to offer property tax relief to all the people in the State of Washington who really need it, but today we take a big step and finally do a major fix on property taxes for senior citizens. I'd urge your support.
When we passed this bill out of the House the first time we had an effective date that was unrealistic, and we listened to assessors from all over the State of Washington who said it couldn't be put in place in 1995 and they were right and we fixed that. In the Senate they had concerns that if we were going to place additional burdens on your assessors, on your county commissioners, that the state should fund it and we have a commitment from the Senate and we have a commitment in the House to fund that. We're not talking about a great deal of money, we're talking about dealing with a hundred and thirty five thousand households in the State of Washington who are already identified. It is not alot of money, we will be able to find it easily, this bill is going to implemented next year and don't let anybody kid you otherwise.
On motion of Representative Talcott, Representative Brough was excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2670 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 82, Nays - 8, Absent - 0, Excused - 8.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Mastin, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven, Veloria, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 82.
Voting nay: Representatives Fisher, R., Fuhrman, McMorris, Morris, Rust, Sommers, Thibaudeau and Wang - 8.
Excused: Representatives Brough, Dorn, Johnson, R., Leonard, Long, Riley, Valle and Wood - 8.
Engrossed House Bill No. 2670, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 14, 1994
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8423,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
With the consent of the House, the rules were suspended and Senate Concurrent Resolution No. 8423 was advanced to second reading.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8423, by Senators Snyder, Bluechel, Skratek, Cantu, Gaspard and Sellar
Establishing the joint select committee on the Pacific Northwest Economic Region Agreement.
The resolution was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
The Speaker stated the question before the House to be final adoption of Senate Concurrent Resolution No. 8423.
Representative Sheldon spoke in favor of passage of the resolution.
House Concurrent Resolution No. 8423 was adopted.
Representative Grant: Members of the House, Comes a special time as the last gavel falls for us to make a few comments to you, Mr. Speaker, and say congratulations on a term that we think was well done. In these last two years, forty-four new members have come into this house. It's the largest number in state history and with your leadership these members have done well. We think this session has been an excellent one, with the new ideas that have come forward from these new members and from you. And we even have had some historic things take place. Like the Speaker gave up a state car for a '71 Pinto. There were some comments the other day with the gas fumes coming from the garage. Some of us questioned which car that was from. We'll take the press reports seriously, but we still kind of wonder if that Pinto was leaking a little gas down there. With that, Mr. Speaker, I'd just like to say thank you from all the members of the House. We kind of passed the hat and came up with a box. The box is beautiful, I hope inside is half that nice. And thank you for a term, Mr. Speaker, that we all really do appreciate.
Representative Tate: There's something that I have always wanted to do and that is to rule the Representative from the twenty-sixth district out of order. I'm going to take this from a little more personal perspective. When I first got down here, I was a little bit scared to actually talk to then-Majority Leader Brian Ebersole. Good, he says. And I was at a meeting when the new freshmen came in at the Batelle Center at the University of Washington and the Speaker got up before them (Speaker Ebersole) and said, "You know I tried really hard to dislike Randy Tate and he turned out to be a pretty good guy." And Mr. Speaker, you've been a pretty good guy too and I've enjoyed working with you. Even though you've been hard of hearing sometimes to hear us on this side of the aisle, and you were always blind in your right eye, you know we laugh, we fought, we disagreed, but you were never disagreeable. We're honored to provide this gift from the minority party to the Speaker. But with that it's been a pleasure to work here and it's nice to actually speak from up here, it could be my last time. And so it's an honor to wish you this congratulations.
Representative Grant: I just remembered when Representative Tate mentioned that the Speaker had a blind right eye, some of the members were really concerned the way he has to take off his glasses to read and put them back on when he's not reading and so there were a couple dollars left over and we picked up these glasses. And I don't know that these are the right kind or the right size or so on but Mr. Speaker, maybe they'll help.
Speaker Ebersole: Thank you very much, Bill and Randy. This is an unusual perspective from up here. I was talking to former Speaker King yesterday morning and saying that there are only a few people that know the feeling of being Speaker of the House and I have learned a lot in my two years. And one thing I've learned is you develop a special responsibility, that you are Speaker of all the House, including the minority party, and you have a special responsibility to protect the rights of the minority party, to include them fully in the floor debate and respect the minority rights. I want to say that's something we'll continue to stress and we will ask for not only conference committee participation but open conference committees next legislative session. It might be a bitter pill for the other body to swallow but I think that is a necessary reform that we need to work toward. I think that we all cherish our time in the legislature, serving in this unique environment and this unique realm where public issues and economic forces clash. It's not always pleasant work and it's not always pretty but it's important work. I think that we have an understanding of how American democracy really does work. We know that it works because we're there every day, and we know that ordinary people can serve as elected representatives because God knows we're all quite ordinary. But we're also extraordinary because we understand how democracy works and that is something that we treasure every day. I think we all wish that the people of this state had a greater understanding and a greater appreciation, if you will, of the work that goes on here. Whether we disagreed or whether we're liberal or conservative and whether we're democrat or republicans we all, I think, are here to do the people's work. And I think we understand other people's points of view and the dignity of the place when it works the way it should. So I think it's been a successful session, I know that we've had differing views of that and we'll read differing brochures critiquing the session and so be it, that's also part of the process. So with that, thank you very much and let's return to our work.
MESSAGES FROM THE SENATE
March 14, 1994
Mr. Speaker:
The President has signed:
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 14, 1994
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8433,
Brad Hendrickson, Deputy Secretary
There being no objection, the House advanced to the fourth order of business.
On motion of Representative Peery, the rules were suspended and Senate Concurrent Resolution No. 8433 was advanced to second reading.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8433, by Senators Gaspard and Sellar
Adjourning Sine Die.
The resolution was read the second time.
Speaker: I meant to wish a fond farewell to my friend Randy Tate. I don't wish him well in all of his endeavors but Randy is a friend of mine and I do wish him well. I'm sure he'll make a contribution in another arena at another time. Randy it's really been a pleasure to serve with you, thank you.
The Speaker would also like to bid a farewell on behalf of the House members to three other House members who are moving on in a quest for a different office, Representative Shin, Representative Rob Johnson and Representative Wineberry. We wish them well in their endeavors.
On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
Senate Concurrent Resolution No. 8433 was adopted.
MESSAGE FROM THE SENATE
March 14, 1994
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8432,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
On motion of Representative Peery, the rules were suspended and Senate Concurrent Resolution No. 8432 was advanced to second reading.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8432, by Senators Gaspard and Sellar
Returning measures to their house of origin.
The resolution was read the second time.
On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
Senate Concurrent Resolution No. 8432 was adopted.
There being no objection, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 94-4727, by Representatives Peery and Ballard
WHEREAS, The 1994 First Special Session of the Fifty-third Legislature is drawing to a close; and
WHEREAS, It is necessary to provide for the continuation of the work of the House after its adjournment and during the interim periods between legislative sessions;
NOW, THEREFORE, BE IT RESOLVED, That the Executive Rules Committee may assign subject matters and bills, memorials, and resolutions to authorized committees for study during the interim, and the Speaker may create special and select committees as may be necessary to carry out the functions, including interim studies, of the House in an orderly manner and appoint members to them with the approval of the Executive Rules Committee; and
BE IT FURTHER RESOLVED, That during the interim the Executive Rules Committee shall authorize schedules and locations for meetings of any authorized committee or subcommittee, and such committees or subcommittees may conduct hearings and scheduling without a quorum being present; and
BE IT FURTHER RESOLVED, That during the interim, authorized committees have the power of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with chapter 44.16 RCW if and when specifically authorized by the Executive Rules Committee for specific purposes and specific subjects; and
BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives shall complete the work of the Fifty-third Legislature during interim periods, and all details that arise therefrom, including the editing, indexing, and publishing of the journal of the House; and
BE IT FURTHER RESOLVED, That the Chief Clerk shall see that the House Chamber, adjoining rooms, members' offices, furniture, and equipment are clean and in good order, and make the necessary inventory of furnishings, fixtures, and supplies; and
BE IT FURTHER RESOLVED, That the Chief Clerk may approve vouchers of the members of the House, covering expenses incurred during the interim for official business of the Legislature or in preparation for the sessions of the Legislature and organizational duties in connection therewith, at the per diem rate provided by RCW 44.04.120, for each day or major portion thereof, plus mileage at the rate established by law; and
BE IT FURTHER RESOLVED, That the Chief Clerk shall, during the interim, and as authorized by the Speaker, retain or hire any necessary employees, order necessary supplies, equipment, and printing to enable the House to carry out its work promptly and efficiently, and accept committee reports, committee bills, prefiled bills, memorials, and resolutions as directed by the Rules of the House and by Joint Rules of the Legislature; and
BE IT FURTHER RESOLVED, That the Chief Clerk shall make out the necessary vouchers upon which warrants are drawn for the final payment of all expenses in connection with the closing business and for any other business of the House of Representatives; and
BE IT FURTHER RESOLVED, That the State Treasurer shall draw warrants for the payment of salaries, per diem, in-lieu payments, and reimbursements of and to the members of the House of Representatives, the elected officers of the House of Representatives, and the employees each month upon vouchers approved by the Speaker and the Chief Clerk of the House of Representatives, and shall also deliver the warrants to the Chief Clerk of the House of Representatives for delivery or mailing to those entitled thereto; and
BE IT FURTHER RESOLVED, That the Speaker and the Chief Clerk may authorize the attendance of members and staff members at such courses or meetings as may be deemed pertinent and may authorize the expenditure of registration or tuition fees and reimbursement for subsistence and travel for that purpose; and
BE IT FURTHER RESOLVED, That members of the Legislature be reimbursed for expenses incurred in attending such conferences, meetings, and continuing education courses at the rate prescribed by RCW 44.04.120, plus mileage to and from the conferences, meetings, and courses at the rate established by law, except that if travel was by means of common carrier then only actual fare may be claimed, which reimbursement shall be paid on their vouchers from any appropriation made to the House of Representatives for legislative expenses; and
BE IT FURTHER RESOLVED, That employees of the legislature be reimbursed for expenses incurred in attending such conferences, meetings, and continuing education courses at the rate prescribed by RCW 43.03.050, plus mileage to and from the conferences, meetings, and courses at the rate established by law, except that if travel was by means of common carrier then only actual fare may be claimed, which reimbursement shall be paid on their vouchers out of funds appropriated for legislative expenses; and
BE IT FURTHER RESOLVED, That during the interim periods the use of the House Chamber, any of its committee rooms, members' offices, or any of the furniture or furnishings therein, shall not be granted to anyone without the permission of the Speaker and the Chief Clerk of the House of Representatives; and
BE IT FURTHER RESOLVED, That the Chief Clerk may express the sympathy of the House by sending flowers when the necessity arises; and
BE IT FURTHER RESOLVED, That this Resolution applies throughout the Fifty-third Legislative Assembly.
Representative Peery moved adoption of the resolution.
House Resolution No. 4727 was adopted.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676,
SUBSTITUTE HOUSE BILL NO. 2671,
ENGROSSED HOUSE BILL NO. 2664,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6244,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6347,
SENATE CONCURRENT RESOLUTION NO. 8431,
SENATE CONCURRENT RESOLUTION NO. 8432,
SENATE CONCURRENT RESOLUTION NO. 8433,
MOTION
On motion of Representative Peery, reading of the Journal of the Fourth Day of the First Special Session of the Fifty-Third Legislature was dispensed with and it was ordered to stand approved.
MOTION
On motion of Representative Peery, the 1994 First Special Session of the Fifty-Third Legislature was adjourned Sine Die.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk