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ONE HUNDRED-FIFTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Sunday, April 25, 1999
The Senate was called to order at 12:00 noon by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Gardner, Hargrove, Heavey, Horn, McCaslin, Oke, Sellar, Snyder, Thibaudeau and West. On motion of Senator Franklin, Senator Thibaudeau was excused.
The Sergeant at Arms Color Guard consisting of Pages Robin Joy and Aaron Wilkinson, presented the Colors. Reverend Jerry Gafney, pastor of the First Assembly of God Church in Centralia, and a guest of Senator Dan Swecker, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5374.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Wojahn, Gubernatorial Appointment No. 9193, George Masten, as a member of the State Investment Board, was confirmed.
APPOINTMENT OF GEORGE MASTEN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 11; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 37.
Absent: Senators Finkbeiner, Gardner, Hargrove, Heavey, Horn, McAuliffe, McCaslin, Oke, Sellar, Snyder and West - 11.
Excused: Senator Thibaudeau - 1.
MOTION
On motion of Senator Franklin, Senators Hargrove, Heavey, Loveland, McAuliffe, Patterson and Snyder were excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9150, Judge Thomas Metzger, as a member of the Sentencing Guidelines Commission, was confirmed.
MOTION
On motion of Senator Honeyford, Senators Finkbeiner, McCaslin, Oke and West were excused.
APPOINTMENT OF JUDGE THOMAS METZGER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 1; Excused, 11.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McDonald, Morton, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 37.
Absent: Senator Gardner - 1.
Excused: Senators Finkbeiner, Hargrove, Heavey, Loveland, McAuliffe, McCaslin, Oke, Patterson, Snyder, Thibaudeau and West - 11.
MOTION
At 12:19 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:54 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MOTION
On motion of Senator Franklin, Senator Haugen was excused.
MOTION
On motion of Senator Johnson, Senator Sellar was excused.
MESSAGES FROM THE HOUSE
April 24, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5277, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
April 24, 1999
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5825, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1999
MR. PRESIDENT:
The Speakers have signed:
SUBSTITUTE SENATE BILL NO. 5364,
SUBSTITUTE SENATE BILL NO. 5418,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5594,
SUBSTITUTE SENATE BILL NO. 5626,
SUBSTITUTE SENATE BILL NO. 5640,
ENGROSSED SENATE BILL NO. 5789,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5931,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5988, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5277,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5825.
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to House Bill No. 1539 and asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Thibaudeau, the Senate receded from the Senate amendment(s) to House Bill No. 1539.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1539, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1539, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 42.
Absent: Senator Roach - 1.
Excused: Senators Haugen, Loveland, McCaslin, Sellar, Snyder and West - 6.
HOUSE BILL NO. 1539, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to House Bill No. 1810 and asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Hargrove, the Senate receded from the Senate amendment(s) to House Bill No. 1810.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1810, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1810, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Loveland - 1.
HOUSE BILL NO. 1810, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to House Bill No. 1378 and again asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate receded from the Senate amendment(s) to House Bill No. 1378.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1378, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1378, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 31; Nays, 11; Absent, 6; Excused, 1.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Shin, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 31. Voting nay: Senators Hargrove, Hochstatter, Honeyford, Johnson, Long, Morton, Oke, Roach, Sheldon, T., Stevens and Zarelli - 11. Absent: Senators Bauer, McDonald, Rossi, Sellar, Snyder and West - 6. Excused: Senator Loveland - 1. HOUSE BILL NO. 1378, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 2:08 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 5:46 p.m. by President Owen.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The Speakers have signed:
SUBSTITUTE HOUSE BILL NO. 1250,
HOUSE CONCURRENT RESOLUTION NO. 4412, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1250,
HOUSE CONCURRENT RESOLUTION NO. 4412.
MESSAGE FROM THE HOUSE
April 24, 1999
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5670 with the following amendment(s):
On page 3, after line 18, insert the following:
"Sec. 2. RCW 90.48.010 and 1973 c 155 s 1 are each amended to read as follows:
(1) It is declared to be the public policy of the state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of ((wild life, birds, game,)) fish and ((other aquatic life)) wildlife, and the ((industrial)) economic development of the state, and to that end require the use of all known available and reasonable methods by industries and others to prevent and control the pollution of the waters of the state of Washington. Consistent with this policy, the state of Washington will exercise its powers, as fully and as effectively as possible, to retain and secure high quality for all waters of the state. Consistent with this policy, the experimental use of herbicides when appropriate for controlling aquatic noxious weeds such as spartina will help maintain current beneficial uses of water without degrading water quality. The state of Washington in recognition of the federal government's interest in the quality of the navigable waters of the United States, of which certain portions thereof are within the jurisdictional limits of this state, proclaims a public policy of working cooperatively with the federal government in a joint effort to extinguish the sources of water quality degradation, while at the same time preserving and vigorously exercising state powers to insure that present and future standards of water quality within the state shall be determined by the citizenry, through and by the efforts of state government, of the state of Washington.
(2) The legislature finds that while existing federal and state water pollution control laws have resulted in cleaner water for citizens of Washington state, too many water bodies still exceed existing water quality standards. Such exceedances are caused both by point and nonpoint sources of pollution. It is the policy of the state of Washington to ensure the attainment of water quality standards that protect and restore the ability of the state's waters to provide multiple benefits as defined in RCW 90.54.020.
(3) Water quality standards should be attained through a variety of means, including the development and implementation of total maximum daily loads as provided under the federal clean water act, and the implementation of other pollution controls. The legislature believes that such flexibility must be available if the state is to attain water quality standards as efficiently and effectively as possible. The legislature also believes that many activities and programs are currently being implemented in watersheds across the state that will result in substantial water quality improvement, and that such activities and programs should have an opportunity to demonstrate success before the imposition of a total maximum daily load requirement.
(4) The burden of changing existing practices and obtaining pollutant discharge reductions as needed to attain water quality standards should be shared among the various contributors to water quality impairment in proportion to their contribution and in consideration of other equitable factors and natural background conditions. For water quality limited segments in waters that are shared with, or are upstream or downstream of waters subject to the jurisdiction of another state or Canada, the legislature intends that the department coordinate the development of total maximum daily loads with the United States environmental protection agency and with water quality regulatory agencies in other jurisdictions to ensure equity for dischargers in Washington.
(5) The legislature finds that a watershed approach to water quality improvement allows the consideration of multiple factors and of their interactions. It also provides a means for bringing together those persons who will need to implement necessary measures to improve water quality, as well as others who may be interested in water quality.
(6) Water quality monitoring is becoming increasingly important as the state makes commitments to attain water quality standards, recover aquatic species, and evaluate the effectiveness of actions taken to attain those goals. As a result, the legislature believes it is important to enhance the quality of existing water quality monitoring programs.
(7) While the legislature believes the state is the best manager of the state's water quality, it recognizes that the federal government has ultimate authority over any state total maximum daily load program under the federal clean water act. Therefore, it is the intent of the legislature that the department have no authority to implement or enforce this act if and when the federal government assumes direct responsibility for implementation of the total maximum daily load program by providing written notice to the department that this act, taken as a whole, is inconsistent with federal law. However, this subsection does not affect the ability of the state to continue implementing other programs that improve water quality.
Sec. 3. RCW 90.48.020 and 1995 c 255 s 7 are each amended to read as follows:
((Whenever the word)) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Characteristic uses" means the uses for which a water body has been classified by the department under state law and the federal clean water act.
(2) "Person" ((is used in this chapter, it shall be construed to)) includes any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever.
((Wherever the words)) (3) "Waters of the state" ((shall be used in this chapter, they shall be construed to)) includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington.
((Whenever the word)) (4) "Pollution" ((is used in this chapter, it shall be construed to)) means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
((Wherever the word)) (5) "Department" ((is used in this chapter it shall)) means the department of ecology.
((Whenever the word)) (6) "Director" ((is used in this chapter it shall)) means the director of ecology.
((Whenever the words)) (7) "Clean water act" means the federal water pollution control act of 1972, as amended (86 Stat. 896; 33 U.S.C. Sec. 1251 et seq.).
(8) "Aquatic noxious weed" ((are used in this chapter, they have)) has the meaning prescribed under RCW 17.26.020.
(9) "Listing cycle" means the period, as determined by the federal environmental protection agency, between publication of a list of water quality limited segments by the department and the publication of the next list of such segments by the department.
(10) "Load" means an amount of matter or thermal energy that is introduced into a receiving water.
(11) "Loading capacity" means the greatest amount of loading that a water can receive without violating water quality standards.
(12) "Load allocation" means that portion of a receiving water's loading capacity that is attributed either to one of its existing or future nonpoint sources of pollution, or to natural background sources. Load allocations are best estimates of the loading, which may range from reasonably accurate estimates to gross allotments, depending on the availability of data and appropriate techniques for predicting loading. Wherever possible, natural background conditions and nonpoint sources shall be distinguished. Wherever possible, loads shall be allocated to categories of like sources, rather than to aggregates of different categories of sources.
(13) "Wasteload allocation" means that portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution. Wasteload allocations constitute a type of water quality-based effluent limitation.
(14) "Total maximum daily loads" means the sum of the individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background conditions. Such loads shall be established at a level necessary to implement the applicable water quality standards with seasonal variations and a margin of safety, and may contain a reserve for growth. Total maximum daily loads may be expressed in terms other than mass per volume.
(15) "Other pollution controls" include, but are not limited to, the following list of laws, rules, regulations, programs, or activities:
(a) Provisions related to the federal conservation reserve enhancement program;
(b) Approved farm plans based on current field office technical guides;
(c) The dairy nutrient management act under chapter 90.64 RCW;
(d) The forest practices act under chapter 76.09 RCW;
(e) Irrigation district water quality management plans that meet the requirements of (k) of this subsection;
(f) Habitat conservation plans for aquatic species prepared under section 10 of the federal endangered species act (16 U.S.C. 1531 et seq.);
(g) Reasonable and prudent conditions established under a biological opinion under section 7 of the federal endangered species act;
(h) Watershed plans that implement best management practices approved by the conservation commission and the department;
(i) Implementation of cleanup of contaminated sediments under the federal comprehensive environmental response, compensation, and liability act of 1980 (42 U.S.C. 9601 et seq.); the model toxics control act, chapter 70.105D RCW; or other statutory authorities;
(j) Cooperative resource management plans administered by the department of natural resources that meet the requirements of (k) of this subsection; or
(k) Any other programs, measures, and activities that include:
(i)Specific methods and approaches intended to lead to water quality improvement and attainment of water quality standards;
(ii) Water quality improvement goals or milestones for identified water quality limited segments;
(iii) Monitoring provisions that enable the department to measure progress toward attainment of water quality standards; and
(iv) Enforcement mechanisms or feedback and modification strategies to ensure or promote compliance with the measures and goals identified in this subsection.
This definition shall not be construed as expanding the reach of existing regulatory controls.
(16) "Wastewater discharge permit" means an individual, model, or general permit issued by the department that specifies treatment, monitoring, and reporting requirements for the discharge of wastewater, and that is intended to satisfy the requirements of the clean water act and of this chapter.
(17) "Water quality limited segment" means any surface water segment, as defined by the department, where it is known that water quality does not meet applicable water quality standards, or is not expected to meet applicable water quality standards by the next listing cycle, even after the application of technology-based effluent limitations required by the federal clean water act.
(18) "Effluent trading" means a method to attain or maintain water quality standards by allowing sources of pollution that can achieve greater pollutant reduction than is otherwise required to sell or trade the credits for their excess reduction to another source.
(19) "Adaptive management" means the processes and principles designed to modify rules adopted under the forest practices act, and their application based on cooperative research, monitoring, and evaluation, and set out in Appendix L to the forestry module memorandum of agreement, also known as the Forests and Fish Report (1999).
NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows:
WATER QUALITY LIMITED SEGMENTS--DATA RELIABILITY FOR DECISIONS TO LIST. (1) The list of water quality limited segments that is required to be submitted to the federal environmental protection agency under the clean water act shall be based upon data that are accurate and reflective of current conditions and that comply with high standards of quality assurance and quality control guidance as prescribed by the department under this section. A water segment may be listed as water quality limited under section 6 of this act only when:
(a) Documentation is provided showing the submitted data have met the data quality objectives and other requirements of an approved quality assurance program plan; or
(b) The department independently samples the water body segment in compliance with its data quality objectives and other requirements of an approved quality assurance program plan to verify the suspected water quality exceedance.
(2) The department shall coordinate a state-wide water quality monitoring network that relies upon existing water quality data collected by the department and others in compliance with the data quality objectives and the data quality assurance and quality control guidelines prescribed by the department under this section. To the extent possible and appropriate, the water quality monitoring network shall include other state agencies, tribes, counties, cities, federal agencies, sewer and water districts, and special purpose districts, as well as private entities that wish to provide such data. The network shall provide data for both ambient water quality monitoring and development of the list of water quality limited segments. The department shall coordinate the collection of water quality data among state agencies to ensure that monitoring for the purposes of this section is comprehensive without being duplicative, and that state monitoring resources are directed toward filling the most critical information gaps. In coordinating this network, the department shall ensure state-wide consistency, provide calibration of local monitoring efforts, provide data verification and validation, and assess long-term water quality trends.
(3) By September 1, 1999, the department shall appoint an advisory committee comprised of one representative selected by each of the following agencies and interests: The department, the Northwest Indian fisheries commission, the United States environmental protection agency, the United States geological survey, the department of health, the department of fish and wildlife, the department of transportation, the Puget Sound action team, the Washington state association of counties, the association of Washington cities, the Washington association of sewer and water districts, the conservation commission, the University of Washington, Washington State University, the association of Washington business, the Washington state farm bureau, the Washington state water resources association, and the Washington state office of the national Audubon society. Each of these representatives shall have experience in the collection, analysis, and interpretation of environmental data. The committee shall also consist of a state senator from each of the two major caucuses appointed by the president of the senate, and a state representative from each of the two major caucuses appointed by the speaker of the house of representatives. The committee shall have the following purposes:
(a) Development of data quality objectives regarding the precision, bias, representativeness, completeness, and comparability required for water quality monitoring data to serve program purposes;
(b) Development of data interpretation guidelines regarding the quantity and representativeness of data required to determine whether water quality standards are being met, and whether a water quality condition is caused by natural background or human factors;
(c) Development of quality assurance and quality control guidelines for the collection, analysis, and interpretation of water quality data for freshwater; and
(d) Comparison of the proposed use-based water quality standards with the current classification system in terms of the protection provided to characteristic uses, and the regulatory and economic impacts on point and nonpoint sources.
(4) The committee identified in subsection (3) of this section shall provide its recommendations on subsection (3)(a) through (c) of this section to the legislature by December 31, 2000. The committee shall provide its recommendations on subsection (3)(d) of this section to the legislature by December 31, 1999.
(5) The department shall develop a system of water quality standards, data quality objectives, data interpretation guidelines, and data quality assurance and quality control guidelines based upon the recommendations of the committee identified in subsection (3) of this section. The water quality standards shall be adopted by rule under RCW 90.48.035 and the administrative procedure act, chapter 34.05 RCW. After issuance, the data quality objectives, data interpretation guidelines, and data quality assurance and quality control guidelines shall be updated periodically to reflect new methods and instrumentation.
(6) After July 1, 2001, the department shall require that any water quality data submitted to the state for purposes of ambient monitoring or compiling a list of water quality limited segments comply with the department's data quality objectives and data quality assurance and quality control guidelines.
NEW SECTION. Sec. 5. A new section is added to chapter 90.48 RCW to read as follows:
ACCESS TO PRIVATE PROPERTY. (1) Except as provided in subsection (2) of this section, and before collecting water quality samples that can only be obtained by entering upon private property, the department or its designee must receive permission from either:
(a) The owner of the property to be entered;
(b) The lessee or operator of the property to be entered; or
(c) A superior court of the state of Washington. The superior courts of the state may issue administrative search warrants to the department to carry out the provisions of this chapter.
(2) If the department believes there is an imminent and substantial threat to human health or the environment from pollution of an acute or emergency nature, the department may collect such samples after first having made a reasonable attempt to obtain permission from the owner, lessee, or operator. The department shall subsequently inform the owner, lessee, or operator of such sampling and the results thereof.
(3) The department or its designee shall offer to divide any water sample and provide a portion to the property owner, lessee, or operator in sufficient quantity that he or she may have a separate analysis conducted at his or her expense.
NEW SECTION. Sec. 6. A new section is added to chapter 90.48 RCW to read as follows:
LISTING OF WATER QUALITY LIMITED SEGMENTS. (1) After July 1, 2001, the department shall prepare a revised list of water quality limited segments, as required under section 303(d) of the clean water act, that is based upon data that are collected and analyzed in compliance with the department's data quality objectives and quality assurance and quality control guidelines. The list shall include all surface water segments that do not meet water quality standards, or are not expected to meet water quality standards by the next listing cycle, even after the application of technology-based effluent limitations required by the federal clean water act. The list shall not include:
(a) Surface water segments that are expected to meet water quality standards before the next listing cycle;
(b) Surface water segments for which natural background conditions are the reason for not meeting the standards; or
(c) Ground waters.
(2) Surface water segments shall remain on the list until they meet water quality standards and shall be removed from the list when they are found to meet water quality standards. Deletions from the list shall be based on monitoring data of the same quality and rigor as data used for additions to the list. Additions to, and deletions from, the list of water quality limited segments shall be recorded when the list is updated in the next listing cycle. The list shall be submitted to the federal environmental protection agency at a frequency determined by the environmental protection agency.
(3) To ensure an opportunity for public participation in the process of listing water quality limited segments, the department shall:
(a) Provide notice in the Washington State Register that it is beginning a new cycle for listing of water quality limited segments;
(b) Develop a proposed list of water quality limited segments, and compare the proposed list to the previous list approved by the environmental protection agency to identify water quality trends;
(c) Submit the proposed list to the environmental protection agency and the general public for review;
(d) Develop responses to the comments received, and provide those responses to those persons who have requested them;
(e) Develop a final list of water quality limited segments and publish a notice of the availability of the final list in the Washington State Register; and
(f) Submit the final list to the environmental protection agency for approval.
(4) Publication of a notice of the availability of the final list of water quality limited segments in the Washington State Register is an agency action that may be appealed to the Thurston county superior court under RCW 34.05.570(4) within thirty days of the date of publication.
(5) Listing of water quality limited segments as required under this chapter is not subject to the state environmental policy act, chapter 43.21C RCW.
NEW SECTION. Sec. 7. A new section is added to chapter 43.21C RCW to read as follows:
This chapter does not apply to:
(1) Publication by the department of a list of water quality limited segments;
(2) The authorization of other pollution controls in lieu of total maximum daily loads; and
(3) The development of total maximum daily loads.
NEW SECTION. Sec. 8. A new section is added to chapter 90.48 RCW to read as follows:
EFFECT OF LISTING. (1) No permit may be issued to a new source or to a new discharger, as these terms are defined in section 306 of the federal clean water act and in 40 C.F.R. 122.2 and 40 C.F.R. 122.29 as of the effective date of this section, if the discharge would cause or contribute to a violation of water quality standards.
(2) This chapter shall not prevent any existing point source discharge, or any activity that may lead to a nonpoint source discharge conducted in compliance with all applicable federal, state, or local laws, rules, regulations, and requirements affecting water quality, solely because a total maximum daily load has not been completed.
(3) This chapter shall not prevent any new or expanded activity that may lead to a nonpoint source discharge conducted in compliance with all applicable federal, state, or local laws, rules, regulations, and requirements that protect water quality, solely because a total maximum daily load has not been completed.
NEW SECTION. Sec. 9. A new section is added to chapter 90.48 RCW to read as follows:
WATER QUALITY LIMITED SEGMENTS--LIST--MANAGEMENT. (1) After a list of water quality limited segments has been submitted to the federal environmental protection agency, the department shall sort the list of water quality limited segments by WRIA as defined in RCW 90.82.020 for management purposes.
(2) By June 30, 2001, the department shall determine:
(a) Whether other pollution controls exist in each WRIA that address the causes of the problems that led to the listing of segments as water quality limited in 1996 and in 1998;
(b) Whether such measures are being implemented; and
(c) Whether such measures are expected to result in attainment of water quality standards within a reasonable period of time based upon the nature of the problem.
(3) For water quality limited segments on lists approved after January 1, 2000, the department shall make the determinations identified under subsection (2) of this section within two years of the approval of the list by the environmental protection agency.
(4) To make the determinations under subsections (2) and (3) of this section, the department:
(a) May request information and recommendations from other state and federal agencies, local governments, tribes, conservation districts, and other sources; and
(b) Shall gather available data and information on the other pollution controls being used to address water quality in the relevant WRIAs. If entities implementing other pollution controls collect water quality data, they shall provide such data to the department. The department shall conduct independent sampling to obtain any additional data or information necessary to make its determination.
(5) Where a planning group has chosen to address water quality under RCW 90.82.090, the group shall perform a preliminary evaluation as described in subsection (2) of this section within one year of receiving the first grant to conduct watershed assessments under RCW 90.82.040(2)(b), or within one year of the effective date of this section, whichever is later, and shall forward its findings and recommendations to the department. The department shall consider the planning group's findings and recommendations, if any, in making its initial determinations as to the existence and adequacy of the proposed other pollution controls.
(6) The department shall obtain public comment on its draft initial determinations, and shall finalize its determinations after considering the available information and comments received.
(7) If the department determines that other pollution controls in a WRIA are expected to result in attainment of water quality standards within a reasonable period of time, the department shall allow the use of those other pollution controls and shall not establish total maximum daily loads, except as provided under subsection (11) of this section.
(8) The department shall refer those dischargers who may not have fully implemented other pollution controls to appropriate agencies for technical assistance, or shall offer such assistance directly. The department's goal shall be to encourage the broad use of other pollution controls.
(9) For waters where the department determines that other pollution controls are available and are expected to attain water quality standards within a reasonable period of time, the department shall evaluate ambient water quality data at no greater than five-year intervals to determine whether substantial progress in water quality improvement has been achieved relative to specific listed segments, except that other pollution controls approved under subsection (7) of this section shall be allowed to perform for at least five years before their effectiveness is evaluated. The department may use its watershed approach to water quality management to focus and rotate its resources through succeeding areas of the state. Entities implementing other pollution controls shall provide any available monitoring data to the department so that it may determine the effectiveness of the controls in correcting the water quality problem. The department shall conduct independent sampling to obtain any additional information needed to determine the effectiveness of the other pollution controls.
(10) If the evaluation of ambient water quality data in a given WRIA as provided under subsection (9) of this section demonstrates other pollution controls have not made substantial progress toward the attainment of water quality standards within a reasonable period of time, the department shall enter into discussions with representatives selected by users of other pollution controls in that WRIA to revise the controls so that their implementation results in substantial progress toward the attainment of water quality standards. Such proposed revisions shall be submitted to the department within ninety days of the start of discussions under this subsection.
(11) The department shall develop total maximum daily loads for those water segments where:
(a) Other pollution controls do not exist, have not been implemented, or are not expected to attain water quality standards within a reasonable period of time based upon the nature of the problem;
(b) Discussions under subsection (10) of this section to revise other pollution controls are not successful within ninety days;
(c) Substantial progress toward meeting water quality standards has not been made five years after other pollution controls have been revised through discussions initiated under subsection (10) of this section; or
(d) The complexity of the problems and sources precludes a determination under subsection (2) of this section.
(12) Notwithstanding any other provisions of this chapter:
(a) Total maximum daily loads for water quality limited segments impaired by sediment, habitat degradation, flow, turbidity, or temperature caused by forest practices subject to regulation under the forest practices act, chapter 76.09 RCW, or covered in the forestry module memorandum of agreement, also known as the Forests and Fish Report (1999), are a lower priority for the department and need not be initiated before July 1, 2009;
(b) The department shall not require more stringent forest practices in a total maximum daily load or its implementation before July 1, 2009, except through adaptive management as defined in this act; and
(c) If the achievement of the total maximum daily load allocations cannot be met through forest practices rules, the adjustment of those management practices shall be through adaptive management as defined in this act.
(13) This section does not prohibit the department from completing the total maximum daily loads already in development upon the effective date of this section. Nothing in this act authorizes a shift in emphasis to point sources that would be inconsistent with the priorities established under this section.
Sec. 10. RCW 90.82.090 and 1998 c 247 s 5 are each amended to read as follows:
If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:
(1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality standards are being met in the management area;
(2) An examination based on existing studies conducted by federal, state, and local agencies of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area. The analysis shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that occurs independent of human activities;
(3) An identification and evaluation of the existence of other pollution controls as defined in chapter 90.48 RCW in use in the management area, of the extent of implementation of such measures, and of the effectiveness of such measures in attaining water quality standards within a reasonable period of time, as well as any recommendations for improving the effectiveness of other pollution controls in the management area;
(4) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the management area;
(((4))) (5) An examination of any total maximum daily load established for nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060;
(((5))) (6) An examination of existing data related to the impact of fresh water on marine water quality;
(((6))) (7) A recommended approach for implementing the total maximum daily load established for achieving compliance with water quality standards for the nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060; and
(((7))) (8) Recommended means of monitoring by appropriate government agencies whether actions taken to implement the approach to bring about improvements in water quality are sufficient to achieve compliance with water quality standards.
This chapter does not obligate the state to undertake analysis or to develop strategies required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). This chapter does not authorize any planning unit, lead agency, or local government to adopt water quality standards or total maximum daily loads under the federal clean water act.
NEW SECTION. Sec. 11. A new section is added to chapter 90.48 RCW to read as follows:
TOTAL MAXIMUM DAILY LOADS. (1) Total maximum daily loads shall only be established for surface waters and shall include the following elements:
(a) A determination of the pollutant of concern and a quantification of the target or desired end point of the total maximum daily load process that indicates compliance with water quality standards taking into account the assimilative capacity of the water segment;
(b) A quantification of the reduction in total pollutant load that must be achieved to meet water quality standards;
(c) Identification of the responsible sources, or categories of sources, of the pollutant that causes water quality standards not to be met, and a quantification of the degree to which each source or source category contributes to the failure to meet water quality standards; and
(d) Establishment of the wasteload and load allocations for identified sources, including categories of nonpoint sources, along with a quantified margin of safety, and any allocations for natural background and future growth.
(2) The department shall control sources of pollution to ground water as otherwise provided for in this chapter or under other state and federal programs and authorities. In identifying the responsible source or categories of sources, as set forth in subsection (1)(c) of this section, and in establishing wasteload and load allocations for identified sources, as set forth in subsection (1)(d) of this section, the department shall not attempt to identify sources of pollutants within ground water, nor shall the department allocate loads or wasteloads to ground water.
(3) Each total maximum daily load shall be implemented through a plan that includes the following elements:
(a) Identification and quantification of control actions and implementation tools, methods, and authorities that will be used to achieve the allocations, in addition to schedules, milestones, and funding options for implementing the identified actions;
(b) A determination of the degree to which uses are being supported, remaining variance from the target, compliance with implementation plans, and the accuracy of sources and source contributions identified in the total maximum daily load; and
(c) A description of how the implementation plan will be modified or revised to ensure water quality standards are met in response to follow-up monitoring and evaluation results.
(4) Department hearings and other public proceedings to initiate total maximum daily loads shall be held in the town or city nearest to the location of the water quality limited segment in order to facilitate participation by affected persons. Those persons who would be affected by an allocation of loads must be given an opportunity to be involved in the total maximum daily load development process from the outset.
(5) Allocations should be developed through consensus among those discharging or releasing pollutants into the relevant watershed. If consensus is not achievable, a mediator may be retained at the dischargers' expense to negotiate an allocation. If an agreement on allocations has not been developed within one hundred eighty days from the start of negotiations on allocations, the department shall allocate loads.
(6) To encourage public participation in the process of developing total maximum daily loads, the department shall provide an opportunity for public comment on any total maximum daily load that meets all of the requirements of this section before its adoption by the department.
(7) A notice and summary of a total maximum daily load that meets all of the requirements of this section shall be published in the Washington State Register. A total maximum daily load may be implemented only through wastewater discharge permits or through regulatory and nonregulatory programs that address nonpoint sources.
(8) Publication of a notice and summary of a total maximum daily load in the Washington State Register is an agency action that may be appealed to Thurston county superior court pursuant to RCW 34.05.570(4) within thirty days of the date of publication in the Washington State Register.
(9) Publications of total maximum daily loads as required under this chapter are not subject to the state environmental policy act, chapter 43.21C RCW.
(10) When information is available, load allocations for those nonpoint sources that have not made substantial progress toward water quality improvement as described in section 9 of this act shall be based on the following considerations:
(a) Loads shall first be reduced in proportion to the reductions made by others in the same source category for those sources that have not made expected reductions in their loads, either because they have failed to implement other pollution controls, or because the measures are not effective in making such reductions;
(b) Loads shall next be reduced proportionally, or as the department deems appropriate, across all sources in order to achieve the pollutant reductions necessary to achieve water quality standards.
(11) The department shall provide a report to the legislature by December 31, 2001, regarding the implementation of this act and its effects on the attainment of water quality standards for surface waters.
NEW SECTION. Sec. 12. A new section is added to chapter 90.48 RCW to read as follows:
EFFLUENT TRADING. (1) By July 1, 2001, the department shall investigate, develop, and implement a procedure for effluent trading. The procedure shall enable persons discharging or releasing pollutants to enter into contracts or other enforceable agreements with each other, appropriately overseen and administered by the department, to offset or trade quantifiable amounts of pollutants so as to efficiently and effectively attain or maintain water quality standards.
(2) Reductions in pollutant units from amounts or quantities authorized under a total maximum daily load as implemented through a federal clean water act discharge permit or a state wastewater discharge permit, or through nonpoint sources, may be freely exchanged with other persons within the same receiving watershed subject to the procedures and rules of the department.
(3) In developing the mechanisms and procedures required by this section, the department shall not:
(a) Compel or require any person to engage in effluent trading as an alternative to other means or mechanisms to attain or maintain water quality standards; or
(b) Set or determine the price or payment made, if any, in any effluent trade.
(4) The department shall seek any approvals, waivers, or authorizations from the environmental protection agency or other state and federal agencies needed to implement or to facilitate effluent trading to its fullest extent. However, such effluent trading shall not affect or restrict the authority of the department to implement categorical effluent limits or treatment requirements adopted by the department or the federal environmental protection agency, nor shall any effluent trade create any property rights of any sort.
(5) The department shall adopt rules as necessary implementing effluent trading. Such rules shall allow pollutant trading and other procedures to receive any necessary approvals with the minimum of administrative processing consistent with federal and state laws and rules.
NEW SECTION. Sec. 13. A new section is added to chapter 90.48 RCW to read as follows:
MARINE WATERS--TOTAL MAXIMUM DAILY LOADS. Because of their location downstream of most human activities, marine sediments tend to be the final repository of many pollutants generated by human activity. Sediment cleanup alone, however, may be insufficient to attain water quality standards, unless the record of decision issued under a cleanup under the federal comprehensive environmental response, compensation, and liability act of 1980, or chapter 70.105D RCW, or other cleanup authority also includes a plan for controlling ongoing pollutant sources.
For water quality limited segments caused by contaminated sediments in marine waters where a sediment cleanup has been planned or completed, but no source control plan has been adopted; a total maximum daily load shall be developed and implemented.
NEW SECTION. Sec. 14. A new section is added to chapter 90.48 RCW to read as follows:
LIMITATIONS ON COMPLIANCE ACTIONS. (1) Except as provided in subsections (2) and (3) of this section, the department shall not take compliance actions against persons causing exceedances of water quality standards identified as limiting for salmonids, other aquatic life, or other water-dependent wildlife that are listed as threatened or endangered under the federal endangered species act, or that are candidates for such listing, if such persons have entered into binding agreements with the national marine fisheries service or the United States fish and wildlife service to implement mechanisms that:
(a) Have been designed to meet water quality standards as identified in this subsection (1);
(b) Have been designed to conserve listed species; and
(c) Contain provisions for monitoring and adaptive management.
Such mechanisms may include, but are not limited to, the pollution controls identified in RCW 90.48.020.
(2) The immunity provided under subsection (1) of this section shall be provided:
(a) Only as long as substantial measurable progress toward attainment of water quality standards can be demonstrated at five-year intervals after adoption of the mechanisms described under subsection (2) of this section for up to fifteen years;
(b) Only for activities and facilities that are specifically addressed in the mechanisms described under subsection (1) of this section; and
(c) Only for pollutants that are specifically addressed in the mechanisms described in subsection (1) of this section.
(3) The immunity provided under subsection (1) of this section shall lapse:
(a) If substantial measurable progress cannot be demonstrated in each five-year period for up to fifteen years; or
(b) Following any violation of or failure to implement any of the terms of the binding agreements identified in subsection (1) of this section.
(4) Except as provided in subsections (1), (2), and (3) of this section, the authority of any regulatory agency to take any enforcement action authorized by law shall not be limited. This section shall not limit a regulatory agency's authority to take any compliance actions as authorized by law based upon a person's failure to comply with specific terms and conditions of any permit or license issued by the agency to that person, failure to obtain a permit for discharges requiring a permit under the federal clean water act, or knowing or willful violations of this chapter and implementing rules.
NEW SECTION. Sec. 15. STORM WATER ADVISORY COMMITTEE.
(1) The department of ecology shall convene a storm water advisory committee for the purpose of updating the department's storm water management plan and the Puget Sound storm water management manual. The advisory committee shall include, but not be limited to, one representative selected by each of the following agencies and associations: The department of ecology; the department of natural resources; the department of community, trade, and economic development; the department of fish and wildlife; the department of transportation; the Puget Sound action team; the Washington state association of counties; the association of Washington cities; the Washington association of sewer and water districts; the American public works association; the national association of industrial and office properties; the American society of civil engineers; the association of Washington business; the Washington state farm bureau; people for Puget Sound; and the Washington environmental council.
(2) The advisory committee shall be appointed no later than September 1, 1999, and shall complete its work by June 30, 2001. The department of ecology shall provide a progress report to the legislature on storm water management issues and the approach to these issues taken by the advisory committee no later than December 31, 1999.
(3) This section expires December 31, 2001.
NEW SECTION. Sec. 16 A new section is added to chapter 90.48 RCW to read as follows:
CONFLICT WITH FEDERAL LAW--RESOLUTION. If notified by responsible officials of any conflict of this chapter with federal law or program requirements or with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the regulatory agency notified of the conflict shall actively seek to resolve the conflict. If the agency determines that the conflict cannot be resolved without the loss of benefits or authority to the state, the agency shall notify the governor, the president of the senate, and the speaker of the house of representatives in writing within thirty days of making that determination.
NEW SECTION. Sec. 17. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.
NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 19. If specific funding for the purposes of sections 2 through 18 of this act, referencing this act by bill or chapter and section numbers, is not provided by June 30, 1999, in the omnibus appropriations act, sections 2 through 18 of this act are null and void."
Renumber the remaining section consecutively and correct any internal references accordingly.
On page 3, beginning on line 19, strike all of section 2 and insert the following:
"NEW SECTION. Sec. 20. Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
On page 1, line 11, after "as" strike "defined in 40 C.F.R. Sec. 172.3" and insert "described in 40 C.F.R. Sec. 172.3(c)(2)"
On page 2, line 23, after "as" strike "defined in 40 C.F.R. Sec. 172.3" and insert "described in 40 C.F.R. Sec. 172.3(c)(2)"
On page 3, line 14, after "as" strike "defined in 40 C.F.R. Sec. 172.3" and insert "described in 40 C.F.R. Sec. 172.3(c)(2)", and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
POINT OF ORDER
Senator Fraser: “A point of order, Mr. President. I believe that the House amendments to Senate Bill No. 5670 exceed the scope and object of the bill.”
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Fraser to the scope and object of the House amendments on page 3, after line 18 and beginning on line 19; page 1, line 11; page 2, line 23; and page 3, line 14; to Senate Bill No. 5670, the President finds that Senate Bill No. 5670 is a measure which does only two things: (1) Authorizes the Director of Ecology to permit the experimental use of herbicides to treat aquatic noxious weeks, and (2) Creates special conditions on the use of herbicides to treat Spartina.
“The House amendments would create several and various new provisions concerning the control of water pollution generally, including (1) Requiring the Department of Ecology to develop a system of water quality standards; (2) Requiring the department to convene an advisory committee on water quality standards; (3) Requiring the department to convene a storm water advisory committee; (4) Requiring the department to implement a procedure for effluent trading; (5) Requiring the department to prepare a revised list of water quality limited segments; (6) Prohibiting the department from issuing discharge permits in certain instances; and many other provisions of various kinds.
“The President, therefore, finds that the amendments do change the scope and object of the bill and the point of order is well taken.”
The House amendments on page 3, after line 18 and beginning on line 19; page 1, line 11; page 2, line 23; and page 3, line 14; to Senate Bill No. 5670 were ruled out of order.
MOTION
Senator Fraser moved that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 5670 and asks the House to recede therefrom.
POINT OF ORDER
Senator Swecker: “A point of order, Mr. President. Is it in order to concur in the amendments --is a motion to concur in the amendments in order at this time?”
REPLY BY THE PRESIDENT
President Owen: “The President has ruled the amendments beyond the scope and object of the bill, Senator Swecker. Therefore, a motion would not be in order.”
Senator Swecker: “Thank you, Mr. President.”
The President declared the question before the Senate to be the motion by Senator Fraser that the Senate do not concur in the House amendments to Senate Bill No. 5670 and asks the House to recede therefrom.
The motion by Senator Fraser carried on a rising vote and the Senate refuses to concur in the House amendments to Senate Bill No. 5670 and asks the House to recede therefrom.
POINT OF ORDER
Senator Swecker: “I think it is a point of order, Mr. President. Is it proper to request a scope--a scoping decision by the President when a bill is not properly before us?”
REPLY BY THE PRESIDENT
President Owen: “I think that any member can ask the President to rule on an issue if they so desire.”
Senator Swecker: “I understand; thank you.”
President Owen: “Senator Swecker, in this case, the message was read and the bill was before us.”
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
PERSONAL PRIVILEGE
Senator Kline: “Mr. President before moving the bill or the amendments, I would like to have a point of personal privilege. This is emotionally difficult and I hope you will understand. I would like to bring your attention to the loss of one of our most beloved members, Senator Jeralita Costa. Senator Costa has been a good colleague and has been a very wonderful person to work with, but she is gone. She is gone, but not forgotten. I am sure, like all of you, I feel her presence still among us and even the sound of her gentle laughter, from over here in the side. I wonder if maybe we may dispense with the moment of silence, however, and instead continue her work for the poor, the disenfranchised and those who have suffered grievous crimes. Thank you all.”
Debate ensued.
PERSONAL PRIVILEGE
Senator Kohl-Welles: “I rise for a point of personal privilege. I've noticed that one of my floral arrangements is gone and I demand to have it returned immediately.”
REPLY BY THE PRESIDENT
President Owen: “Touche.”
SECOND READING
SENATE BILL NO. 5693, by Senators Wojahn, McDonald, Deccio, Thibaudeau, Roach, Winsley, Oke, Rasmussen, Prentice and Costa
Establishing the developmental disabilities endowment trust fund.
MOTIONS
On motion of Senator Wojahn, Substitute Senate Bill No. 5693 was substituted for Senate Bill No. 5693 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wojahn, the following striking amendment by Senators Wojahn, McDonald, Thibaudeau and Deccio was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature recognizes that the main and most enduring support for persons with developmental disabilities, along with public resources, is their immediate and extended families. The legislature recognizes that these families are searching for ways to provide for the long-term continuing care of their disabled family member when the family can no longer provide that care. It is the intent of the legislature to encourage and assist families to engage in long-range financial planning and to contribute to the lifetime care of their disabled family member. To further these objectives, this chapter is enacted to finance long-term care for persons with developmental disabilities through an endowment funded jointly by the investment of public funds and dedicated family contributions.
The establishment of this endowment is not intended to diminish the state's responsibility for funding services currently available to future endowment participants, subject to available funding, nor is it the intent of the legislature, by the creation of this public/private endowment, to impose additional, unintended financial liabilities on the public.
NEW SECTION. Sec. 2. DEVELOPMENTAL DISABILITIES ENDOWMENT TRUST FUND. (1) The developmental disabilities endowment trust fund is created in the custody of the state treasurer. Expenditures from the fund may be used only for the purposes of the developmental disabilities endowment established under this chapter. Only the developmental disabilities endowment governing board or the board's designee may authorize expenditures from the fund. The fund shall retain its interest earnings in accordance with RCW 43.79A.040.
(2) The developmental disabilities endowment governing board shall deposit in the fund all money received for the program, including state appropriations and private matching contributions. With the exception of investment and operating costs associated with the investment of money by the state treasurer and the investment board paid under RCW 43.08.190, 43.79A.040, 43.33A.160, and 43.84.160, the fund shall be credited with all investment income earned by the fund. Disbursements from the fund are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. However, money used for program administration is subject to the allotment and budgetary controls of chapter 43.88 RCW, and an appropriation is required for these expenditures.
NEW SECTION. Sec. 3. INVESTMENT OF FUNDS. (1) The state investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the developmental disabilities endowment trust fund. All investment and operating costs associated with the investment of money shall be paid under RCW 43.08.190, 49.79A.040, 43.33A.160, and 43.84.160. With the exception of these expenses, the earnings from the investment of the money shall be retained by the fund.
(2) All investments made by the state investment board shall be made with the exercise of that degree of judgment and care under RCW 43.33A.140 and the investment policy established by the state investment board.
(3) As deemed appropriate by the investment board, money in the fund may be commingled for investment with other funds subject to investment by the board.
(4) The authority to establish all policies relating to the fund, other than the investment policies as set forth in subsections (1) through (3) of this section, resides with the developmental disabilities endowment governing board acting in accordance with the principles set forth in section 5 of this act. With the exception of expenses of the state treasurer and the investment board set forth in subsection (1) of this section, disbursements from the fund shall be made only on the authorization of the developmental disabilities endowment governing board or the board's designee, and money in the fund may be spent only for the purposes of the developmental disabilities endowment program as specified in this chapter.
(5) The investment board shall routinely consult and communicate with the developmental disabilities endowment governing board on the investment policy, earnings of the trust, and related needs of the program.
NEW SECTION. Sec. 4. DEVELOPMENTAL DISABILITIES ENDOWMENT GOVERNING BOARD. The developmental disabilities endowment governing board is established to design and administer the developmental disabilities endowment. To the extent funds are appropriated for this purpose, the director of the department of community, trade, and economic development shall provide staff and administrative support to the governing board.
(1) The governing board shall consist of seven members as follows: (a) Three of the members, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as finance, actuarial science, management, business, or public policy.
(b) Three members of the board, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as business, developmental disabilities service design, management, or public policy, and shall be family members of persons with developmental disabilities.
(c) The seventh member of the board, who shall serve as chair of the board, shall be appointed by the remaining six members of the board.
(2) Members of the board shall serve terms of four years and may be appointed for successive terms of four years at the discretion of the appointing authority. However, the governor may stagger the terms of the initial six members of the board so that approximately one-fourth of the members' terms expire each year.
(3) Members of the board shall be compensated for their service under RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(4) The board shall meet periodically as specified by the call of the chair, or a majority of the board.
NEW SECTION. Sec. 5. ENDOWMENT PRINCIPLES. The design, implementation, and administration of the developmental disabilities endowment shall be governed by the following principles:
(1) The design and operation of the endowment should reward families who set aside resources for their child's future care and provide incentives for continued caregiving by the family.
(2) The endowment should encourage financial planning and reward caregiving by a broad range of families, not just those who have substantial financial resources.
(3) Families should not feel compelled to contribute to the endowment in order to meet the needs of continuing care for their child.
(4) All families should have equal access to developmental disabilities services not funded through the endowment regardless of whether they contribute to the endowment.
(5) Services funded through the endowment should be stable, ongoing, of reasonable quality, and respectful of individual and family preferences.
(6) Endowment resources should be expended economically in order to benefit as many families as possible.
(7) Endowment resources should be managed prudently so that families can be confident that their agreement with the endowment on behalf of their child will be honored.
(8) The private financial contribution on behalf of each person receiving services from the endowment shall be at least equal to the state's contribution to the endowment.
(9) In order to be matched with funding from the state's contribution to the endowment, the private contribution on behalf of a beneficiary must be sufficient to support the beneficiary's approved service plan for a significant portion of the beneficiary's anticipated remaining lifetime.
(10) The rate that state appropriations to the endowment are used to match private contributions shall be such that each legislative appropriation to the developmental disabilities endowment trust fund, including principal and investment income, is not depleted in a period of less than five years.
(11) Private contributions made on behalf of a particular individual, and the associated state match, shall only be used for services provided upon that person's behalf.
NEW SECTION. Sec. 6. PROPOSED OPERATING PLAN. To the extent funds are appropriated for this purpose, the developmental disabilities endowment governing board shall contract with an appropriate organization for the development of a proposed operating plan for the developmental disabilities endowment program. The proposed operating plan shall be consistent with the endowment principles specified in section 5 of this act. The plan shall address at least the following elements:
(1) The recommended types of services to be available through the endowment program and their projected average costs per beneficiary;
(2) An assessment of the number of people likely to apply for participation in the endowment under alternative rates of matching funds, minimum service year requirements, and contribution timing approaches;
(3) An actuarial analysis of the number of disabled beneficiaries who are likely to be supported under alternative levels of public contribution to the endowment, and the length of time the beneficiaries are likely to be served, under alternative rates of matching funds, minimum service year requirements, and contribution timing approaches;
(4) Recommended eligibility criteria for participation in the endowment program;
(5) Recommended policies regarding withdrawal of private contributions from the endowment in cases of movement out of state, death of the beneficiary, or other circumstances;
(6) Recommended matching rate of public and private contributions and, for each beneficiary, the maximum annual and lifetime amount of private contributions eligible for public matching funds;
(7) The recommended minimum years of service on behalf of a beneficiary that must be supported by private contributions in order for the contributions to qualify for public matching funds from the endowment;
(8) The recommended schedule according to which lump sum or periodic private contributions should be made to the endowment in order to qualify for public matching funds;
(9) A recommended program for educating families about the endowment, and about planning for their child's long-term future; and
(10) Recommended criteria and procedure for selecting an organization or organizations to administer the developmental disabilities endowment program, and projected administrative costs.
NEW SECTION. Sec. 7. PROGRAM IMPLEMENTATION AND ADMINISTRATION. Based on the proposed operating plan under section 6 of this act, and to the extent funds are appropriated for this purpose, the developmental disabilities endowment governing board shall implement and administer, or contract for the administration of, the developmental disabilities endowment program under the principles specified in section 5 of this act. By October 1, 2000, and prior to implementation, the final program design shall be submitted to the appropriate committees of the legislature.
The secretary of the department of social and health services shall seek to maximize federal reimbursement and matching funds for expenditures made under the endowment program, and shall seek waivers from federal requirements as necessary for the receipt of federal funds.
The governing board may receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the endowment program and may expend the gifts, grants, and endowments according to their terms.
Sec. 8. RCW 43.79A.040 and 1998 c 268 s 1 are each amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility grant account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 9. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.
NEW SECTION. Sec. 10. Sections 1 through 7 and 9 of this act are each added to chapter 43.330 RCW."
MOTIONS
On motion of Senator Wojahn, the following title amendment was adopted:
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "amending RCW 43.79A.040; and adding new sections to chapter 43.330 RCW."
On motion of Senator Wojahn, the rules were suspended, Engrossed Substitute Senate Bill No. 5693 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5693.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5693 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5693, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House has passed
SECOND ENGROSSED HOUSE BILL NO. 2073, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MESSAGE FROM THE HOUSE
April 24, 1999
MR. PRESIDENT:
The House has passed HOUSE BILL NO. 2285, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6106 by Senators McCaslin and Patterson
AN ACT Relating to incapacity of members of the legislature; and adding a new section to chapter 44.04 RCW.
Referred to Committee on State and Local Government.
SB 6107 by Senators Kline, Roach and T. Sheldon
AN ACT Relating to actions and proceedings for damages brought against law enforcement officers; and amending RCW 4.96.041.
Referred to Committee on Judiciary.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
2EHB 2073 by Representatives Conway, Cairnes, O'Brien, McDonald, Delvin, DeBolt, Kastama, Miloscia, Campbell, Sullivan, D. Schmidt, Cooper, Mielke, Pennington, Kenney, Bush, Lovick, Hurst, Wood, Clements, Reardon, Barlean, Haigh, Linville, Fisher, Fortunato, Dunshee, Mulliken, Keiser, G. Chandler, Eickmeyer, Lantz, Hatfield, Benson, Romero, Morris, Koster, Quall, Esser, Buck, Kessler, Dickerson, Scott, Anderson, Poulsen, Rockefeller, Veloria, Cody, Constantine, K. Schmidt, Murray, Schindler, Stensen, Edmonds, Schual-Berke, Kagi, Tokuda, Ruderman, Edwards, Skinner, Santos and McIntire
Retiring under the law enforcement officers' and fire fighters' retirement system, plan 2.
HOLD.
HB 2285 by Representatives Van Luven, Veloria, Ballasiotes, Morris, Kenney, H. Sommers, Radcliff, Dunn, D. Schmidt, McDonald, O'Brien, Skinner, Hankins, Campbell and Esser (by request of Governor Locke)
Creating the department of community development and the department of trade and economic development.
MOTIONS
On motion of Senator Betti Sheldon, Second Engrossed House Bill No. 2073 was held at the desk.
On motion of Senator Betti Sheldon, the rules were suspended and House Bill No. 2285 was advanced to second reading and placed on the second reading calendar.
MOTION
At 6:06 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 7:36 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5180 with the following amendment(s):
On page 3, line 29, strike "1,539,000" and insert "1,604,000"
On page 3, line 30, strike "1,596,000" and insert "1,661,000"
On page 3, line 31, strike "3,135,000" and insert "3,265,000"
On page 3, line 33, strike "$150,000" and insert "$280,000"
On page 13, after line 1, insert the following:
"The appropriations in this section are subject to the following conditions and limitations:
(1) Audits of school districts by the division of municipal corporations shall include findings regarding the accuracy of: (a) Student enrollment data; and (b) the experience and education of the district's certified instructional staff, as reported to the superintendent of public instruction for allocation of state funding.
(2) $420,000 of the general fund appropriation for fiscal year 2000 and $420,000 of the general fund appropriation for fiscal year 2001 are provided solely for staff and related costs to audit special educationprograms that exhibit unusual rates of growth, extraordinarily high costs, or other characteristics requiring attention of the state safety net committee, and other school districts for baseline purposes and to determine if there are common errors. The auditor shall consult with the superintendent of public instruction regarding training and other staffing assistance needed to provide expertise to the audit staff.
(3) $490,000 of the general fund fiscal year 2000 appropriation and $490,000 of the general fund fiscal year 2001 appropriation are provided solely for staff and related costs to: Verify the accuracy of reported school district data submitted for state funding purposes or program audits of state funded public school programs; and establish the specific amount of funds to be recovered whenever the amount is not firmly established in the course of any public school audits conducted by the state auditor's office. The results of the audits shall be submitted to the superintendent of public instruction for corrections of data and adjustments of funds.
On page 34, beginning on line 29, strike all of subsection (10)
Renumber remaining subsections consecutively and correct any internal references.
On page 35, strike all material on lines 1 and 2 and insert "or sections 1 through 7 of Senate Bill No. 5127 (child abuse investigations). If neither of these bills is enacted by June 30, 1999, the amounts provided in this subsection shall lapse."
On page 35, line 6, strike "32,800,000" and insert "32,816,000"
On page 35, line 7, strike "34,078,000" and insert "34,094,000"
On page 35, line 14, strike "101,791,000" and insert "101,823,000"
On page 37, after line 13, insert the following:
"(k) $16,000 of the general fund--state appropriation for fiscal year 2000 and $16,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Substitute Senate Bill No. 5214 (firearms on school property). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse. The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of Substitute Senate Bill No. 5214 and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula."
On page 40, line 9, strike "166,224,000" and insert "166,271,000"
On page 40, line 10, strike "174,494,000" and insert "174,541,000"
On page 40, line 13, strike "649,092,000" and insert "649,186,000"
On page 41, after line 26, insert the following:
(g) $47,000 of the general fund--state appropriation for fiscal year 2000 and $47,000 of the general fund--state appropriation for fiscal year 2001 are provided for implementation of Substitute Senate Bill No. 5214 (firearms on school premises). If the bill is not enacted by June 30, 1999, the amounts provided shall lapse."
On page 47, line 10, strike "2000" and insert "2001"
On page 47, beginning on line 15, strike all of subsection (4)
Renumber remaining subsections consecutively and correct any internal references.
On page 51, line 17, after "for" strike all material through "lapse." on line 20 and insert "activities related to chemical dependency services under subsection 202(1) of this act. If that subsection is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse."
On page 52, line 34, after "(b)" strike everything through "program" on line 38, and insert "a net profitability factor shall be included with other factors to determine LI-DSH payments. The net profitability factor shall inversely relate hospital percent net operating income to payment under the program."
On page 53, line 37, after "(13)" strike everything through "year." on page 54, line 2, and insert: "Except in the case of rural hospitals and Harborview medical center, weighted average payments under the ratio-of-cost-to-charges hospital payment system shall increase by no more than 175 percent of the DRI HCFA hospital reimbursement market basket index."
On page 57, line 36, after "1692" strike all material through "lapse." on line 38 and insert "or sections 1 through 7 of Senate Bill No. 5127 (child abuse investigations). If neither of these bills is enacted by June 30, 1999, the amount provided in this subsection shall lapse."
On page 61, line 8, strike "550,151,000" and insert "550,139,000"
On page 61, line 29, strike "reclamation" and insert "conservation"
On page 61, line 29, after "reuse." strike all material through "this" on line 33 and insert: "$339,000 of the general fund--federal"
Renumber remaining sections consecutively and correct any internal references.
On page 66, line 21, strike "54,227,000" and insert "54,371,000"
On page 66, line 23, strike "115,548,000" and insert "115,692,000"
On page 67, line 5, strike "$75,000" and insert "$219,000"
On page 71, line 25, after "provided" strike all material through "lapse." on line 28 and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."
On page 72, line 34, after "solely" insert "to implement Substitute Senate Bill No. 5670 (noxious weed herbicide)"
On page 72, line 37, after "DOE-2." insert "If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse."
On page 75, line 16, after "provided" strike all material through "lapse." on line 18 and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."
On page 77, line 20, strike "4,432,000" and insert "6,432,000"
On page 78, strike all material on lines 5 through 8
On page 78, line 9, strike "271,161,000" and insert "272,931,000"
On page 79, line 22, after "provided" strike all material through "lapse." on line 24 and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."
On page 80, line 14, after "steelhead." insert "Within these funds, the department shall provide support to the department of health to enforce state shellfish harvest laws."
On page 80, line 24, after "hatchery" insert "to implement House Bill No. 1716 (warm water fish culture). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse"
On page 81, after line 34, insert the following:
"(23) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to implement Senate Bill No. 5508 (crab fishery catch records). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(24) $2,000,000 of the aquatic lands enhancement account appropriation is provided for cooperative volunteer projects."
On page 82, line 38, after "provided" strike all material through "lapse." on page 83, line 2, and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."
On page 85, after line 18, insert the following:
"Washington Real Estate Research Account Appropriation . . . . . . . . . . . .$ 368,000
On page 85, line 19, strike "33,323,000" and insert "33,691,000"
On page 85, line 21, after "limitations:" insert "(1)"
On page 85, after line 27, insert:
"(2) $368,000 of the Washington real estate research account appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5720 (real estate research). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse."
On page 87, line 7, after "under" strike everything through "sections are" on line 8 and insert "subsection 202(1) of this act. If that subsection is"
On page 130, line 26, after "offered" strike "faculty"
On page 130, line 27, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"
On page 131, line 36, strike "$7,145,000" and insert "$6,702,000"
On page 131, line 37, strike "$8,718,000" and insert "$7,980,000"
On page 132, line 13, after "offered" strike "faculty"
On page 132, line 14, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"
On page 133, line 11, after "offered" strike "faculty"
On page 133, line 12, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"
On page 133, line 25,after "offered" strike "faculty"
On page 133, line 26, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"
On page 134, line 5, after "offered" strike "faculty"
On page 134, line 6, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"
On page 134, line 15, after "described in" strike everything through "subsections are" on line 16 and insert "subsection 202(1) of this act. If that subsection is"
On page 134, line 21, after "1692" strike all material through "lapse." on line 22 and insert "or sections 1 through 7 of Senate Bill No. 5127 (child abuse investigations). If neither of these bills are enacted by June 30, 1999, the amount provided in this subsection shall lapse."
On page 134, line 31, after "offered" strike "faculty"
On page 134, line 32, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"
On page 144, line 6, strike "614,672,000" and insert "604,672,000"
On page 144, line 7, strike "445,689,000" and insert "455,689,000"
On page 147, line 19, strike "2,475,000" and insert "475,000"
On page 147, line 21, strike "24,538,000" and insert "22,538,000"
On page 151, line 4, after "2001," insert "solely"
On page 151, line 17, after "(g)" strike all material through "section." on line 22 and insert: "The health care authority shall use funds accruing to the public employees' and retirees' insurance account in fiscal year 1999 from payments made by the standard insurance company to the state of Washington related to the state's basic long-term disability plan, for insurance costs in the 1999-2001 biennium."
On page 152, line 1, strike "$21.54" and insert "$22.03"
On page 152, line 2, strike "$24.15" and insert "$25.06"
On page 152, line 6, strike "$21.54" and insert "$22.03"
On page 152, line 7, strike "$24.15" and insert "$25.06"
On page 161, line 22, strike "105,245,700" and insert "83,423,000"
On page 351, after line 18, insert the following:
"(3) If this section is enacted after the state treasurer transmits the April 1999 distribution data to the banks, then the state treasurer shall adjust the amount distributed based on subsection (2) of this section by June 30, 1999.", and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Loveland, the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5180.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5180, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5180, as amended by the House, and the bill passed the Senate by the following vote: Passed Yeas, 34; Nays, 15; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 34.
Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Oke, Rossi, Sheahan, Stevens, West and Zarelli - 15.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5180, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Heavey was excused.
MOTIONS
On motion of Senator Snyder, the Senate advanced to the ninth order of business.
On motion of Senator Snyder, the Committee on Rules was relieved of further consideration of House Bill No. 2201.
MOTION
On motion of Senator Snyder, the rules were suspended and House Bill No. 2201 was advanced to second reading and placed on the second reading calendar.
MOTION
Senator Snyder moved that the Senate return to the fourth order of business.
MOTION
Senator Benton moved that the Committee on Ways and Means be relieved of further consideration of Senate Bill No. 6021.
The President declared the question before the Senate to be the motion by Senator Snyder to return to the fourth order of business.
The motion by Senator Snyder carried and the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 20, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to Substitute House Bill No. 1125 and asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Haugen, the Senate receded from the Senate amendment(s) to Substitute House Bill No. 1125.
MOTIONS
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1125 was returned to second reading and read the second time.
Senator Haugen moved that the following striking amendment by Senators Haugen and Benton be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2001.
(2) Legislation with fiscal impacts enacted in the 1997 or 1998 legislative session not assumed in this act are not funded in the 1997-99 transportation budget.
(3) Legislation with fiscal impacts enacted in the 1999 legislative session not assumed in this act are not funded in the 1999-01 transportation budget.
(4) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
(a) "Fiscal year 2000" or "FY 2000" means the fiscal year ending June 30, 2000.
(b) "Fiscal year 2001" or "FY 2001" means the fiscal year ending June 30, 2001.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(e) "Provided solely" means the specified amount may be spent only for the specified purpose.
(f) "Performance-based budgeting" means a budget that bases resource needs on quantified outcomes and results expected from use of the total appropriation. "Performance-based budgeting" does not mean incremental budgeting that focuses on justifying changes from the historic budget or to line-item input-driven budgets.
(g) "Goals" means the statements of purpose that identify a desired result or outcome. The statements shall be realistic, achievable, directive, assignable, evaluative, and logically linked to the agency's mission and statutory mandate.
(h) "Strategic plan" means the strategies agencies create for investment choices in the future. All agency strategic plans shall present alternative investment strategies for providing services.
(i) "Enacted in the form passed by the legislature" means the referenced bill, as identified by a four-digit number, was:
(i) Passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto; or
(ii) Attached in full onto another bill as an amendment and the entire bill, including the amendment, was passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto.
NEW SECTION. Sec. 2. The legislature recognizes that the 1999 endangered species act listing or proposed listing of salmonid species throughout the state of Washington may require increased operational and capital expenditures for transportation. As the state's fiscal obligations pursuant to the listing or proposed listing become clearer over time, it may be necessary to revisit funding decisions reflected in this act in order to shift resources to meet those obligations. The department of transportation, the transportation improvement board, and the county road administration board shall report to the legislature on December 1, 1999, on capital project delay impacts due to the endangered species act listing or proposed listing.
PART I
GENERAL GOVERNMENT AGENCIES--OPERATING
NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 327,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The entire appropriation is provided solely for costs associated with the motor fuel quality program.
NEW SECTION. Sec. 102. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 900,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $103,000 of the appropriation is provided solely for the local government finance reporting system project. This amount shall lapse unless $207,000 is appropriated for this project from the state general fund; and
(2) $202,000 of the appropriation is provided solely for the transportation infrastructure needs data base project. This amount shall lapse unless $405,000 is appropriated for this project in the omnibus operations appropriations act.
(3) $325,000 of the appropriation is provided solely for contracting with the office of the state auditor for the collection of local government fiscal data associated with the local government finance reporting system. In implementing the reporting system, the legislative evaluation and accountability program shall work with the local government finance study technical advisory committee. The committee shall include, but not be limited to, one member from the senate and one member from the house of representatives. An alternate legislator shall also be picked for each designated legislator to serve in the event that the designated legislator is unable to fulfill his or her duties on the committee. This amount shall lapse unless the legislature appropriates $325,000 for the same purpose by June 30, 1999, in the omnibus appropriations act.
NEW SECTION. Sec. 103. FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Grade Crossing Protective Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 222,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The utilities and transportation commission shall develop a competitive rail grade crossing safety grant program which will fully fund selected safety projects to the extent allowable under chapter 81.53 RCW.
(2) Beginning on the effective date of this act through May 1, 2000, the utilities and transportation commission may not grant any new certificates under chapter 81.68 RCW in any areas where a public transportation system has been formed.
NEW SECTION. Sec. 104. FOR THE STATE PARKS AND RECREATION COMMISSION
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 931,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: A report of actual expenditures and descriptions of the expenditures from the motor vehicle fund will be submitted to the legislature with the governor's 2001-2003 biennial budget request.
GENERAL GOVERNMENT AGENCIES--CAPITAL
NEW SECTION. Sec. 105. FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 4,990,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $900,000 is a reappropriation provided to complete the Cama Beach project and the Damon point project funded in section 110, chapter 457, Laws of 1997. The projects shall be completed by June 30, 2001. Upon completion of these projects any surplus funding may be used for the projects listed in subsection (2) of this section.
(2) $4,090,000 is a one-time appropriation provided solely for the following projects, apportioned as follows:
(a) St. Edwards State Park, $1,500,000;
(b) Ike Kinswa State Park, $300,000;
(c) Mt. Spokane State Park, $1,500,000;
(d) Beacon Rock State Park, $300,000;
(e) Cama Beach State Park, $90,000; and
(f) Lake Sammamish State Park, $400,000.
These projects shall be completed by June 30, 2001. Progress reports shall be submitted to the senate transportation committee and the house of representatives transportation committee in January 2000 and January 2001.
(3) The agency shall prepare and present a project status report to the senate transportation committee and the house of representatives transportation committee by December 31, 2000.
PART II
TRANSPORTATION AGENCIES
NEW SECTION. Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 1,577,000
Highway Safety Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,038,000
School Zone Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 1,004,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 11,619,000
NEW SECTION. Sec. 202. FOR THE BOARD OF PILOTAGE COMMISSIONERS
Pilotage Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 290,000
NEW SECTION. Sec. 203. FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 72,510,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 11,546,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 376,000
County Arterial Preservation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 28,612,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 113,044,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $5,000,000 of the motor vehicle account--state appropriation is provided solely for projects for freight and goods systems on county roads.
NEW SECTION. Sec. 204. FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account--State Appropriation. . . . . . . .. . . . . . . .$ 104,508,000
Transportation Improvement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 99,414,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,496,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 237,418,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: To the extent practicable, the board shall give preference, for amounts which would otherwise be granted to cities, to those projects which complement projects funded under the county corridor congestion relief program contained in section 232(8) of this act.
NEW SECTION. Sec. 205. FOR THE SENATE
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,378,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation in this section is provided solely to fund the activities of the senate transportation committee.
(2) The senate transportation committee shall work during the 1999 interim with members of the senate ways and means committee to assess funding options for aviation.
(3) The senate transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
(4) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:
(a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;
(b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;
(c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and
(d) Evaluate governance issues associated with road jurisdiction.
(5) $400,000 of the appropriation is provided solely for program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the senate transportation committee.
NEW SECTION. Sec. 206. FOR THE HOUSE OF REPRESENTATIVES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,378,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation in this section is provided solely to fund the activities of the house of representatives transportation committee.
(2) The house of representatives transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
NEW SECTION. Sec. 207. FOR THE BLUE RIBBON COMMISSION ON TRANSPORTATION
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,500,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The $1,000,000 motor vehicle account--state appropriation is provided solely for the purpose of enabling the blue ribbon commission on transportation to fulfill its mission. The funds are to be administered by the senate transportation committee and the house of representatives transportation committee on behalf of the blue ribbon commission on transportation.
NEW SECTION. Sec. 208. FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 475,000
NEW SECTION. Sec. 209. FOR THE TRANSPORTATION COMMISSION
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 807,000
NEW SECTION. Sec. 210. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 600,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: When approving projects, the freight mobility strategic investment board shall:
(1) Emphasize funding projects according to their order on the prioritization list developed by the board;
(2) Not allow the program's share of total project cost to exceed sixty-five percent unless the board grants a special exception;
(3) Set a $50,000,000 cap on the amount it will authorize for any one project; and
(4) Give a project a higher priority designation if project partners increase their funding and the board deems the reprioritization is appropriate.
NEW SECTION. Sec. 211. FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU
State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 153,054,000
State Patrol Highway Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,703,000
State Patrol Highway Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 169,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 158,926,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The following amounts are provided solely for administration of the field operations group subprogram: $118,095,000 of the state patrol highway account--state appropriation; $2,404,000 of the state patrol highway account--federal appropriation; and $83,000 of the state patrol highway account--private/local appropriation.
(2) The following amounts are provided solely for the administration of the commercial vehicle division subprogram: $26,367,000 of the state patrol highway account--state appropriation; $3,299,000 of the state patrol highway account--federal appropriation; and $86,000 of the state patrol highway account--private/local appropriation.
(3) $7,799,000 of the state patrol highway account--state appropriation is provided solely for the administration of the traffic investigation division subprogram.
(4) $793,000 of the state patrol highway account--state appropriation is provided to the investigation division subprogram to implement Senate Bill No. 5706 or House Bill No. 1789 enacted in the form passed by the legislature. If neither Senate Bill No. 5706 nor House Bill No. 1789 is enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(5) $1,400,000 of the state patrol highway account--state appropriation is provided solely to the field operations group subprogram as a one-time appropriation to begin funding phase III of the Washington state patrol's upgrade to the state-wide emergency communication system. The Washington state patrol shall provide a full analysis of the costs, benefits, and requirements for completing all phases of the upgrade to the state-wide emergency communication system to the senate transportation committee and the house of representatives transportation committee by December 1, 1999.
(6) The Washington state patrol is authorized to use the federal community-oriented policing program (COPS) for 18 COPS troopers to begin in July 2000. The troopers must be used on the state's highways and up to six may be utilized in the Vancouver, Washington area.
NEW SECTION. Sec. 212. FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU
State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 67,015,000
State Patrol Highway Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 104,000
State Patrol Highway Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 743,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 67,862,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $877,000 of the state patrol highway account--state appropriation is provided solely to maintain pursuit vehicles and provide for replacement of the vehicles at 110,000 miles. The agency may purchase a total of 354 pursuit vehicles during the biennium ending June 30, 2001. The appropriation in this section reflects carry forward and new funding due to the consolidation of gasoline, maintenance, parts, and pursuit vehicles into the fleet section of the support services bureau.
NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES
Motorcycle Safety Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 118,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,000
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 6,021,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 4,595,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 613,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 11,397,000
NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS
Motorcycle Safety Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 102,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 46,000
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 5,197,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 3,641,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 513,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 9,499,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $745,000 of the highway safety fund--state appropriation is a reappropriation of funds originally appropriated for the document scanner project in the 1997-99 biennium.
NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES
Marine Fuel Tax Refund Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 556,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 56,212,000
DOL Services Account--State Appropriation. . . .. . . . . . . . . . . . . . . . .$ 2,907,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 59,701,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $81,138 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5000 enacted in the form passed by the legislature. If Senate Bill No. 5000 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(2) $272,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5280 enacted in the form passed by the legislature. If Senate Bill No. 5280 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(3) $82,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5641 enacted in the form passed by the legislature. If Senate Bill No. 5641 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(4) $300,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 6009 enacted in the form passed by the legislature. If Senate Bill No. 6009 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES
Motorcycle Safety Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,960,000
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 77,765,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 79,725,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,880,000 of the highway safety account--state appropriation is provided solely for the department to enter into a contract for the implementation of an improved state driver's license and identicard. The contract with the vendor providing the improved license and identicard shall state that the license and the identicard shall not contain: (a) The driver's social security number in either visible or machine readable form; or (b) the driver's fingerprint or thumbprint. Consistent with RCW 42.17.260(9) the department shall not sell or otherwise make available any information that it gathers from citizens of the state of Washington in administering the driver's licensing program except as already authorized by RCW 46.20.118.
(2) $5,140,000 of the highway safety account--state appropriation shall lapse if neither Senate Bill No. 6068 nor House Bill No. 2259 is enacted in the form passed by the legislature by June 30, 1999.
(3) In September of 1999 the department of licensing shall report to the senate transportation committee and the house of representatives transportation committee on:
(a) The controls implemented by the department to ensure the integrity and credibility of the written driver's license test administered by the department; and
(b) The policies and procedures implemented by the department to ensure that the driver's manuals produced and distributed by the department contain correct data based on current federal, state, and local statutes, ordinances, and rules.
(4) $610,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1147 enacted in the form passed by the legislature. If House Bill No. 1147 is not enacted in the form passed by the legislature by June 30, 1999, the amount provided in this subsection shall lapse.
(5) $15,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 6068 enacted in the form passed by the legislature. If Senate Bill No. 6068 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(6) $17,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1774 enacted in the form passed by the legislature. If House Bill No. 1774 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(7) $77,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 2259 or Senate Bill No. 5374 enacted in the form passed by the legislature. If neither House Bill No. 2259 nor Senate Bill No. 5373 is enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(8) $3,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1212 enacted in the form passed by the legislature. If House Bill No. 1212 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(9) $28,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 5260 enacted in the form passed by the legislature. If Senate Bill No. 5260 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(10) $34,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 5374 enacted in the form passed by the legislature. If Senate Bill No. 5374 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(11) If Senate Bill No. 6009 is enacted in the form passed by the legislature $335,000 of the highway safety fund--state appropriation shall lapse.
NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 5,140,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section shall lapse if Senate Bill No. 6068 or House Bill No. 2259 is enacted in the form passed by the legislature by June 30, 1999.
NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 44,508,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 400,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 44,908,000
NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION--PROGRAM F
Aeronautics Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 4,010,000
Aircraft Search and Rescue Safety and
Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 159,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 247,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 4,416,000
NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 638,810,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 234,939,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 43,344,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 110,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 55,220,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 189,284,000
Transportation Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 56,808,000
Puyallup Tribal Settlement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,662,000
Transportation Infrastructure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
Transportation Infrastructure Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 1,230,677,000
The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The special category C account--state appropriation of $55,220,000 includes $40,500,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5060 or House Bill No. 1203 enacted in the form passed by the legislature. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle account--state appropriation includes $1,285,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(3) The department shall report December 1st and June 1st of each year to the senate transportation committee and the house of representatives transportation committee and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.
(4) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
(5) The north Sumner interchange project shall be funded entirely from the motor vehicle account appropriation. The project shall no longer receive a portion of its funding from the economic development account.
(6) $34,920,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.
(7) The motor vehicle account--state appropriation includes $478,579,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(8) $500,000 of the motor vehicle account--state appropriation is provided solely for analysis and design of congestion solutions at the intersections of the South Lake Union/Mercer corridor with Interstate 5 and SR 99. The department's authority to expend the amount referenced in this subsection is contingent on the city of Seattle appropriating $500,000 or more toward the project.
(9) $10,000,000 of the motor vehicle account--state appropriation and $40,000,000 of the transportation account--state appropriation are provided as a cash contribution for the development of the public private initiatives project at Tacoma Narrows. State funds shall be used initially for the acquisition of right of way and the forensic studies of the existing bridge including purchase of equipment necessary to conduct the studies. The balance of state funds not required for acquisition of right of way and forensic studies shall be placed with the designated bond trustee at the same time the privately secured debt proceeds are deposited.
(10)(a) $3,992,000 of the motor vehicle account--state appropriation is provided solely for the following two highway projects on SR 16 except as set forth under (b) of this subsection: Union to Sixth avenue/Pearl street and Sixth avenue/Pearl street to Jackson avenue. These projects are part of a coordinated approach that, along with construction of the Tacoma Narrows bridge project, will provide congestion relief on the SR 16 corridor.
(b) If the Tacoma Narrows bridge project is delayed, the transportation commission may reprioritize projects on SR 16.
NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,212,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 10,162,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 11,374,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The motor vehicle fund--state appropriation includes $10,162,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of the Tacoma narrows bridge improvements under the public-private transportation initiative program authorized under chapter 47.46 RCW; and for support costs of the public-private transportation initiatives program.
NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 251,827,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 486,000
Motor Vehicle Account--Private/Local Appropriation. . . . . .. . . . . . . .$ 3,417,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 255,730,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 318,691,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 284,587,000
Motor Vehicle Account--Private/Local Appropriation. . . . . .. . . . . . . .$ 3,117,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 121,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 606,516,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $6,650,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q
State Patrol Highway Account--State Appropriation. . . . . . .. . . . . . . .$ 221,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 37,085,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 1,662,000
Motor Vehicle Account--Private/Local Appropriation. . . . . .. . . . . . . .$ 122,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 39,090,000
The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:
(1) The motor vehicle account--state appropriation includes $4,324,000 for state matching funds for federally selected competitive grant or congressional earmark projects other than commercial vehicle information system and network (CVISN). These moneys shall be placed into reserve status until such time as federal funds are secured and a state match is required. If matching federal funds are not obtained by September 30, 2000, the amount provided in this subsection shall lapse.
(2) The motor vehicle account--state appropriation includes $600,000 for a two-year pilot program for contracted roving service patrols. The department shall provide a progress report on this pilot program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee on December 1, 2000. The pilot program will be evaluated with future direction and funding to be determined by the documented results and benefits of the pilot program.
NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Puget Sound Capital Construction Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,464,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 98,450,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 125,000
Puget Sound Ferry Operations Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,308,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,517,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 110,864,000
The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity: $586,000 of the motor vehicle account--state appropriation is provided solely to enable the secretary of transportation to implement a leadership training program at the department of transportation. The program shall include a mentoring component. The department shall develop performance measures to evaluate the effectiveness of the program, including but not limited to a performance measure to determine the effect of the program on employee retention. The department shall provide a progress report on the training program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee by December 1, 2000.
NEW SECTION. Sec. 226. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 12,609,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 17,000,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,371,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 30,980,000
NEW SECTION. Sec. 227. FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
(1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,595,000
Puget Sound Ferry Operations--State Appropriation. . . . . . . . . . . . . . .$ 1,155,000
(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 907,000
(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 3,743,000
(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,240,000
(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 12,039,000
(6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--Puget Sound Ferry Operations Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,462,000
(7) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 315,000
(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 90,000
(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,100,000
(10) FOR ARCHIVES AND RECORDS MANAGEMENT
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 392,000
NEW SECTION. Sec. 228. FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,601,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,253,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 7,437,000
Transportation Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 2,445,000
Transportation Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 105,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,800,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 24,641,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Up to $1,000,000 of the transportation account--state appropriation is provided solely for grants and activities relating to coordinating special needs transportation among state and local providers. When selecting grant recipients, the agency council on coordinated transportation shall give priority to projects and programs that can be accomplished in the 1999-2001 biennium.
(2) $50,000 of the public transportation systems account--state appropriation is provided solely to continue and enhance an existing pilot project between a public transit provider and a school district expanding public transit service to high school students in order to reduce the use of single occupancy vehicles.
(3) The department shall assess its commute trip reduction program. The assessment shall include an evaluation of tax credits or other incentives to employers who reduce commute trips to their work sites by encouraging employees to telecommute. Up to $50,000 of the air pollution control account--state appropriation is provided for a pilot project implementing telecommuting as part of the commute trip reduction program. The pilot project may include use of tax credits or other financial incentives.
(4) In evaluating applications for rural mobility grants to public transportation agencies, the department shall give added weight to projects that improve connectivity among transit providers and across jurisdictional boundaries.
NEW SECTION. Sec. 229. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Puget Sound Capital Construction Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 140,135,000
Puget Sound Capital Construction Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 29,575,000
Passenger Ferry Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 789,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 116,221,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 286,720,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriations in this section, unless otherwise specified, are provided to carry out only the projects in the Washington state ferries capital program plan - version 3. The department shall reconcile the 1997-99 capital expenditures within ninety days of the end of the biennium and submit a final report to the senate transportation committee, the house of representatives transportation committee, and the office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $27,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) $1,500,000 of the motor vehicle account--state appropriation is provided solely for preliminary engineering activities to develop a new class of auto/passenger ferries. The design specifications for the vessels shall require that the vessels deliver optimal performance in terms of vessel speed, safety, reliability, and minimization of environmental impacts including damage on the shoreline from the wake of the vessels. The vessels are intended to ensure Washington state ferries compliance with applicable international and domestic vessel safety standards and the Americans with disabilities act on identified routes. This class of ferries should have a single adaptable design able to operate efficiently and effectively on different ferry routes, each of which has specific vessel capacity and handling requirements.
(a) Washington state ferries shall prepare:
(i) A conceptual design outlining the owner's functional requirements;
(ii) A design report that includes a budget estimate and outline of specifications and plans;
(iii) Specific contractual requirements and specifications;
(iv) An evaluation of using the request for proposals process in accordance with RCW 47.56.030;
(v) A request for interest to provide a propulsion system for this vessel class; and
(vi) An exploration of a public private partnership between Washington state ferries, shipbuilders, and their supporting engineering firms for design and construction of the vessel or vessels.
(b) Washington state ferries shall report to the legislature by December 1, 1999, on the conceptual design criteria and budget estimates for preferred hull design and propulsion system/engine alternatives. The report shall include recommended statutory changes that the legislature would need to enact in order to proceed with acquisition of this class of vessels.
(4) The motor vehicle account--state appropriation includes $110,729,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) The department shall structure the request for proposal for the purchase of passenger-only ferries authorized under RCW 47.60.652 to include the purchase of a fifth back-up ferry to support maintenance schedules, emergency service needs, and provide continuity of service on all passenger-only ferry routes. The purchase of a fifth passenger-only ferry is subject to subsequent legislative appropriation.
NEW SECTION. Sec. 230. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Marine Operating Account--State Appropriation.. . . . . . . . . . . . . . . . .$ 303,158,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation is based on the budgeted expenditure of $29,104,000 for vessel operating fuel in the 1999-2001 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1999-2001 biennium may not exceed $205,759,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $341.75 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1999-2001 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1999, and thereafter, as established in the 1999-2001 general fund operating budget.
(3) Up to $2,770,000 of the marine operating account--state appropriation may be used for leasing and operating an appropriate passenger only ferry vessel for the purpose of supporting existing, or testing new, passenger only service while testing alternative vessel technologies.
NEW SECTION. Sec. 231. FOR THE DEPARTMENT OF TRANSPORTATION-- RAIL--PROGRAM Y
Essential Rail Assistance Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 85,000
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13,094,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 106,715,000
Transportation Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 5,000,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 129,894,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) No appropriation in this section may be used to fund rail passenger service south of Portland, Oregon.
(2) $5,000,000 of the transportation account--state appropriation and $2,000,000 of the high capacity transportation account--state appropriation are provided solely for the freight rail assistance program to provide grants and loans for light density rail lines.
(3) $4,000,000 of the high capacity transportation account--state appropriation is provided solely for acquisition of an additional advanced technology train set for delivery in the 2001-2003 biennium. The purchase of the train set is predicated on the condition that the manufacturer of the train set has the obligation of establishing or maintaining a corporate office in Washington state. The manufacturer is also obligated to spend a minimum of twenty-five percent of the total purchase price of the train set on the assembly and manufacture of parts of the train set in Washington state.
(4) $6,298,000 of the high capacity transportation account--state appropriation is provided to fund the operation of a second train set providing additional roundtrip service from Seattle to Vancouver, British Columbia. The department's authority to expend the appropriation referenced in this subsection for service north of Blaine is conditioned upon Canada, the province of British Columbia, and/or private sources undertaking the capital expenditures necessary to make the rail capital improvements required to facilitate improved round trip rail service between Seattle and Vancouver, B.C.
(5) $15,000,000 of the transportation account--state appropriation is provided solely for the King street maintenance facility to be built in partnership with Amtrak. The amount referenced in this subsection is conditioned on the execution of agreements between the department of transportation, Amtrak, sound transit, and other participating parties which will assure that the maintenance and operation of the maintenance facility will not require state funding, except for billings for maintenance of state owned passenger trains.
(6) To the greatest extent practicable, expenditure of funds shall maximize funds from partnerships and coordinate with other agencies investing in track improvements.
NEW SECTION. Sec. 232. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 124,886,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 8,040,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 10,817,000
Transportation Infrastructure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,250,000
Transportation Infrastructure Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150,000
Highway Infrastructure Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Highway Infrastructure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 150,627,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $300,000 of the transportation account--state appropriation is provided solely to establish alternatives for flood management and flood hazard reduction projects in the Chehalis basin.
(a) The department of transportation shall convene a technical committee to develop watershed-based solutions to flooding within the Chehalis basin. The technical committee shall be comprised of representatives of the department of transportation, department of ecology, department of fish and wildlife, the department of community, trade, and economic development, the military department's emergency management division, and affected counties and tribes. The department of transportation shall also seek the participation of the United States army corps of engineers, federal emergency management administration, the United States geological survey, the United States fish and wildlife service, the United States environmental protection agency, and other entities with critical knowledge related to the structural or nonstructural flood hazard reduction projects in the Chehalis basin. Funds shall be distributed by the department of transportation for alternative analysis, mapping, and model testing projects as recommended by the technical committee. The solutions considered by the technical committee shall be consistent with fish and habitat recovery efforts and avoid additional flood hazard to downstream communities. The department of transportation shall present a report to the senate transportation committee and the house of representatives transportation committee by December 1, 1999, regarding findings and progress made by funded projects.
(b) If the federal government makes funds available to accomplish the project described in (a) of this subsection, the department of transportation shall place the appropriation identified in this section in reserve.
(2) $85,121,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.
(3) $400,000 of the transportation account--state appropriation is provided solely for a study by the senate transportation committee and the house of representatives transportation committee in cooperation with the port of Benton developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.
(4) The motor vehicle account--state appropriation includes $110,121,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) $10,000,000 of the transportation account--state appropriation is provided solely to fund a cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section without first reaching an agreement with affected stakeholders on where the dredge spoils will be deposited. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
(6) The motor vehicle account--state appropriation includes $1,167,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(7) $5,000,000 of the motor vehicle account--state appropriation is provided solely for a small city pavement preservation program, to be administered by the department's TransAid division. The department, in consultation with stakeholders, shall establish program guidelines. The guidelines should include but not be limited to a provision limiting program eligibility to cities with a population of 2,500.
(8) $20,000,000 of the motor vehicle account--state appropriation is provided solely for a county corridor congestion relief program, to be administered by the department's TransAid division. The purpose of the program is to provide funding for congested urban corridors, as defined and selected by the department of transportation in consultation with counties, regional transportation planning organizations, and the transportation improvement board. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systemic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction.
(9) $5,000,000 of the motor vehicle account--state appropriation is provided solely for improving traffic and pedestrian safety near schools. The TransAid division within the department of transportation shall administer this program. Funds should be used for traffic and pedestrian improvements near schools, including roadway channelization and signalization.
(10) The TransAid division within the department of transportation shall develop a prequalification procedure for potential bidders on projects administered or approved by the transportation improvement board. The board shall work with other interested parties including but not limited to associations representing general contractors and the office of minority and women's business enterprises. The prequalification procedure's goal is to ascertain that bidders are qualified by experience, financing, equipment, and organization to do the work called for in the contract documents. The prequalification procedure may require a bidder to (1) satisfy threshold requirements established by the board prior to being furnished a proposal form on any contract; or (2) complete a preaward survey of the bidder's qualification prior to award.
(11) Up to $100,000 of the motor vehicle account--state appropriation is provided solely for audits of city and county transportation funding to determine whether any city or county has supplanted its local transportation funding with state funding provided under sections 408 and 409 of this act. The department shall report the results of this audit to the senate transportation committee, the house of representatives transportation committee, and the office of financial management by December 31, 2000.
PART III
TRANSPORTATION AGENCIES CAPITAL FACILITIES
NEW SECTION. Sec. 301. FOR THE WASHINGTON STATE PATROL
Appropriation:
State Patrol Highway Account--State Appropriation. . . . . . . . . . .$ 2,328,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $508,000 of the state patrol highway account--state appropriation funds minor works which include communication tower maintenance, Spokane district headquarters HVAC, Morton HVAC replacement, emergency repairs, and Anacortes scale repairs.
(2) $500,000 of the state patrol highway account--state appropriation is provided for the Naselle detachment office.
(3) $615,000 of the state patrol highway account--state appropriation is provided for repaving the academy drive course.
(4) $275,000 of the state patrol highway account--state appropriation is provided for the squawk mountain communication tower.
(5) $380,000 of the state patrol highway account--state appropriation is provided for the replacement of two traffic control aircraft.
(6) $50,000 of the state patrol highway account--state appropriation is provided for the ridgefield expansion design and the academy hookup fee for waste treatment.
NEW SECTION. Sec. 302. The Washington state patrol is authorized to continue with the exchange of the Olympia, Washington Martin Way property for a light industrial land complex to be used to consolidate existing separately located state activities and functions. The agency will work with the office of financial management, department of general administration, the senate transportation committee, and the house of representatives transportation committee in the exchange and approval processes.
NEW SECTION. Sec. 303. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 27,547,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Before any funds are expended for the transportation facility to be located in Tumwater, Washington, the director of general administration shall conduct an evaluation of the planned facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement as required under RCW 43.82.010(10). Furthermore, the director shall present the findings of the evaluation to the fiscal committees of the house of representatives and the senate by December 31, 1999.
(2) Up to $100,000 of the motor vehicle account--state appropriation may be expended by the department of general administration to conduct an analysis of future transportation-related facility office space needs in Thurston county, by agency, for the next ten years. The analysis shall consult with state agencies, private developers, and building owners to determine the inventory of space available and planned over the next ten years in government and nongovernment buildings, and the impact on current office space. The predesign must be completed by January 31, 2000.
(3) The department of transportation is authorized to enter into a financing contract using certificate of participation in the amount of $14,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to acquire and remodel a regional complex in the department's southwest region.
PART IV
TRANSFERS AND DISTRIBUTIONS
NEW SECTION. Sec. 401. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 219,968,000
Ferry Bond Retirement Account Appropriation. .. . . . . . . . . . . . . . . . .$ 53,353,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 35,158,000
Puget Sound Capital Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 270,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 6,543,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 405,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 315,697,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity. If Senate Bill No. 5283 or House Bill No. 1304 is enacted in the form passed by the legislature by June 30, 1999, then $35,158,000 of the highway bond retirement account appropriation shall lapse. If neither Senate Bill No. 5283 nor House Bill No. 1304 is enacted in the form passed by the legislature by June 30, 1999, then the appropriation for the transportation improvement board bond retirement account shall lapse.
NEW SECTION. Sec. 402. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Fund--Puget Sound Capital Construction
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 36,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 811,000
Special Category C Account Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 53,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 900,000
NEW SECTION. Sec. 403. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund Appropriation for
motor vehicle fuel tax and overload
penalties distribution.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 492,721,000
Transportation Fund Appropriation for
motor vehicle excise tax distribution. . . . . . .. . . . . . . . . . . . . . . . .$ 491,606,000
NEW SECTION. Sec. 404. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--TRANSFERS
Motor Vehicle Fund--State Patrol Highway Account:
For transfer to the Department of
Retirement Systems Expense Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 171,000
NEW SECTION. Sec. 405. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenue for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.
NEW SECTION. Sec. 406. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.
NEW SECTION. Sec. 407. FOR THE STATE TREASURER--TRANSFERS
(1) RV Account--State Appropriation:
For transfer to the Motor Vehicle Fund--State. . .. . . . . . . . . . . . . . . . .$ 1,590,000
(2) Transportation Account--State Appropriation:
For transfer to the Transportation Infrastructure
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
NEW SECTION. Sec. 408. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund--State Appropriation
for distribution to the cities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 21,500,000
Motor Vehicle Fund--State Appropriation
for distribution to the counties. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,500,000
The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2000.
(2) The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2000.
(3) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.
NEW SECTION. Sec. 409. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$
for distribution to the cities 21,500,000
Motor Vehicle Fund--State Appropriation
for distribution to the counties. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,500,000
The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2001.
(2) The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2001.
(3) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.
NEW SECTION. Sec. 410. The office of the state treasurer is authorized to transfer any transportation improvement account and urban arterial trust account balances available in the highway bond retirement account into the transportation improvement board bond retirement account following a cooperative agreement by the department of transportation and the transportation improvement board on the exact amount of the transfer.
NEW SECTION. Sec. 411. The motor vehicle account revenues are received at a relatively even flow throughout the year. Expenditures may exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season. Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding. The governor and the legislature recognize that the department of transportation may require interfund loans or other short-term financing to meet temporary seasonal cash requirements and additional cash requirements to fund federal advance construction projects.
NEW SECTION. Sec. 412. In addition to such other appropriations as are made by this act, there is appropriated to the department of transportation from legally available bond proceeds in the respective transportation funds and accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.
NEW SECTION. Sec. 413. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS. The department of transportation shall make the following transfers contingent on passage of the bills referenced in each proviso as identified by bill number in the form passed by the legislature:
(1) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation shall transfer:
(a) The balances remaining at the close of the 1997-99 biennium in the economic development account and the transportation capital facilities account to the motor vehicle account--state; and
(b) The balance remaining at the close of fiscal year 2000 in the marine operating account to the Puget Sound ferry operations account.
(2) If neither Senate Bill No. 5615 nor House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation is authorized to transfer any balances available in the highway construction stabilization account to the motor vehicle account to fund the appropriations contained in this act.
NEW SECTION. Sec. 414. FOR THE TRANSPORTATION IMPROVEMENT BOARD--TRANSFERS. The transportation improvement board shall make the following transfers contingent on passage of the bills referenced in each proviso as enacted in the form passed by the legislature:
(1) If Senate Bill No. 5360 or House Bill No. 1053 is enacted in the form passed by the legislature the transportation improvement board shall transfer the balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account.
(2) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the transportation improvement board shall transfer:
(a) The balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account; and
(b) The balance remaining at the close of the 1997-99 biennium in the central Puget Sound public transportation systems account to the public transportation systems account.
(3) If Senate Bill No. 5283 is enacted in the form passed by the legislature the transportation improvement board shall agree upon what amount of the balance remaining in the highway bond retirement account at the close of the 1997-99 biennium is apportioned to the transportation improvement board. That amount shall be transferred from the highway bond retirement account to the transportation improvement board bond retirement account.
PART V
1997-99 SUPPLEMENTAL APPROPRIATIONS
General Government Agencies--Capital
Sec. 501. 1997 c 457 s 110 (uncodified) is amended to read as follows:
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 3,500,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The entire appropriation is for the repaving of roadways in the following state parks in the 1997-99 biennium:
(a) Moran state park, $1,800,000;
(b) Cama Beach state park, $300,000;
(c) Riverside state park, $640,000;
(d) Steamboat Rock state park, $225,000;
(e) Damon Point state park, $485,000; and
(f) Deception Pass state park, $50,000.
(2) ((This is a one time appropriation with the repaving efforts to be completed in the parks by June 30, 1999.)) The repaving contracts will be awarded by competitive bid using department of transportation standards. Progress reports will be prepared and presented to the legislative transportation committees in January 1999. Upon completion of the contracts for the parks listed in subsection (1)(a), (c), (d), and (f) of this section, unspent moneys from those contracts may be used for design of paving projects on the agency's 1999-01 biennium pavement project list.
(3) If any of the parks listed in subsection (1) of this section are closed during the 1997-99 biennium, the amount provided for the park under subsection (1)(a) through (f) of this section shall lapse and return to the motor vehicle fund.
Transportation Agencies
Sec. 502. 1997 c 457 s 204 (uncodified) is amended to read as follows:
Motor Vehicle Fund--Urban Arterial Trust
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 57,159,000
Motor Vehicle Fund--Transportation Improvement
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 122,014,000
Motor Vehicle Fund--City Hardship Assistance
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,649,000
Motor Vehicle Fund--Small City Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,921,000))
9,921,000
Central Puget Sound Public Transportation
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 27,360,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,928,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((221,031,000))
223,031,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The transportation improvement account--state appropriation includes $40,000,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. However, the transportation improvement board may authorize the use of current revenues available in lieu of bond proceeds.
Sec. 503. 1998 c 348 s 203 (uncodified) is amended to read as follows:
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((163,789,000))
166,035,000
Motor Vehicle Fund--State Patrol Highway
Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,374,000))
4,688,000
Motor Vehicle Fund--State Patrol Highway
Account--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 170,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 4,522,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((172,855,000))
175,415,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The Washington state patrol is authorized to use the federal community oriented policing program (COPS) for 54 troopers with 18 COPS troopers to begin in July 1998 and 36 COPS troopers to begin in January 1999.
(2) $4,463,000 of the transportation fund--state appropriation and $3,737,000 of the motor vehicle fund--state patrol highway account--state appropriation are provided for an equalization salary adjustment of three percent on July 1, 1997, and six percent on July 1, 1998, for commissioned officers (entry level trooper through captain), commercial vehicle enforcement officers, and communication officers of the Washington state patrol. The salary adjustments are intended to bring the existing salary levels into the fiftieth percentile of other Washington state law enforcement compensation plans. This is in addition to the salary increase contained in the omnibus appropriation bill or bills. The total of the two increases, in the transportation budget and omnibus appropriation bill or bills, may not exceed twelve percent.
(3) The Washington state patrol will develop a vehicle replacement plan for the next six years. The plan will include an analysis of the current 100,000 miles replacement policy and agency assignment policy. Projected future budget requirements will include forecasts of vehicle replacement costs, vehicle equipment costs, and estimated surplus vehicle values when sold at auction.
(4) The Washington state patrol vessel and terminal security (VATS) program will be funded by the state patrol highway fund beginning July 1, 1997, and into future biennia.
(5) A personnel data base will be maintained of the 801 commissioned traffic law enforcement officers, with a reconciliation at all times to the patrol allocation model and a vehicle assignment and replacement plan.
(6) $150,000 of the state patrol highway account appropriation is to fund the Washington state patrol's portion of the drug recognition expert training program previously funded by the traffic safety commission.
(7) The Washington state patrol with legislative transportation committee staff will perform an interim study of the Washington state patrol's commercial vehicle enforcement program with a report to be presented to the legislature and office of financial management in January 1998 with a developed business plan and program recommendations which includes, but is not limited to, weigh in motion technologies.
(8)(a) The Washington state patrol, in consultation with the Washington traffic safety commission, shall conduct an analysis of the most effective safety devices for preventing accidents while delivery trucks are operating in reverse gear. The analysis shall focus on trucks equipped with cube-style, walk-in cargo boxes, up to eighteen feet long, that are most commonly used in the commercial delivery of goods and services.
(b) The state patrol shall incorporate research and analysis currently being conducted by the national highway traffic safety administration.
(c) Upon completion of the analysis, the state patrol shall forward its recommendations to the legislative transportation committee and office of financial management.
(9) $381,000 of the transportation fund--state appropriation is provided for the following traditional general fund purposes: The governor's air travel, the license fraud program, and the special services unit. This transportation fund--state appropriation is not a permanent funding source for these purposes.
(10) $461,000 of the state patrol highway account appropriation is provided solely for monitoring and stopping fuel tax evasion. The Washington state patrol will report on December 1, 1998, to the legislative transportation committee on the activities and revenue collected associated with fuel tax evasion.
(11) $289,000 of the state patrol highway account appropriation is provided solely for vehicle license fraud investigation. A report will be presented each session to the legislature on the activities and revenue collected by the vehicle license fraud unit.
(12) $268,000 of the motor vehicle fund--state patrol highway account is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.
(13) $105,000 of the motor vehicle fund--state patrol highway account--state appropriation and $314,000 of the motor vehicle fund--state patrol highway account--federal appropriation are provided solely for laptop personal computers, peripheral equipment, and necessary software for existing community oriented policing program (COPS) troopers.
(14) $2,300,000 of the motor vehicle fund--state patrol highway account--state appropriation is provided solely to purchase 100 equipped pursuit vehicles. If the transportation fund--state appropriation reduction described in section 504(9) of this act does not take place, the amount provided in this subsection shall lapse. If the state patrol does not purchase the vehicles prior to June 30, 1999, the amount provided in this subsection shall lapse.
Sec. 504. 1998 c 348 s 205 (uncodified) is amended to read as follows:
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 52,926,000
Motor Vehicle Fund--State Patrol Highway
Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 104,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((2,513,000))
214,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((55,543,000))
53,244,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $1,017,000 for the state patrol highway account--state appropriation is provided solely for year 2000 conversions of transportation automated systems. For purposes of this subsection, transportation automated systems does not include WASIS and WACIS.
(2) $50,000 of the state patrol highway account--state appropriation is provided solely for a feasibility study to assess the effect of mobile computers on trooper productivity by type of service and measurement of the productivity gains achieved through reduction in administrative time and paperwork processing. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.
(3) $50,000 of the state patrol highway account--state appropriation is provided solely for a review of the feasibility of improving the patrol's computer-aided dispatch system to permit tracking of trooper availability and response time to calls for service. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.
(4) These appropriations maintain current level funding for the Washington state patrol service center and have no budget savings included for a consolidation of service centers based on the study conducted by the technology management group. During the 1997 interim, the costs for current level will be reviewed by the office of financial management and department of information services with a formal data center recommendation, that has been approved by the information services board, to the legislature in January 1998. Current level funding will be split between fiscal year 1998 and fiscal year 1999 with consideration of funding adjustments based on the review and the formal policy and budget recommendations.
(5) $2,513,000 of the transportation fund--state appropriation is for the following traditional general fund purposes: The executive protection unit, revolving fund charges, budget and fiscal services, computer services, personnel, human resources, administrative services, and property management. This appropriation is not a permanent funding source for these purposes.
(6) $22,000 of the motor vehicle fund--state patrol highway account appropriation is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.
(7) The 1998 Washington state patrol interim working group shall review the data center, electronic services division, communications division, and strategic planning and shall provide recommendations on increasing the effectiveness and efficiencies of the programs under review and audit.
(8) $1,580,000 of the state patrol highway account--state appropriation is provided solely for the transition of the Washington state patrol mainframe data processing functions to the Washington state department of information services data center in Olympia, Washington. The Washington state patrol and the department of information services shall work cooperatively to ensure the transition to the department of information services is completed successfully.
(9) The transportation fund--state appropriation is reduced by $2,299,000 to correct a double appropriation.
Sec. 505. 1998 c 348 s 207 (uncodified) is amended to read as follows:
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 94,000
General Fund--Wildlife Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,000
Highway Safety Fund--State Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((10,732,000))
8,218,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((5,610,000))
4,735,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 441,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((16,919,000))
13,530,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: (((1))) $2,498,000 of the highway safety fund--state appropriation and $793,000 of the motor vehicle fund--state appropriation are provided for the following activities: (1) Identify business objectives and needs relating to technology improvements and integration of the drivers' licensing and vehicle title and registrations systems; (2) converting the drivers' licensing software applications to achieve Year 2000 compliance; (3) convert the drivers' field network from a uniscope to a frame-relay network; (4) develop an interface between the unisys system and the CRASH system; and (5) operate and maintain the highways-licensing building network and the drivers' field network.
Sec. 506. 1998 c 348 s 208 (uncodified) is amended to read as follows:
General Fund--Marine Fuel Tax Refund Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
General Fund--Wildlife Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 549,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((49,630,000))
49,615,000
Department of Licensing Services Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,944,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((53,149,000))
53,134,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $600,000 of the licensing service account--state appropriation is provided for replacement of printers for county auditors and subagents.
(2) The department of licensing, in cooperation with the fuel tax advisory committee, shall prepare and submit a report to the legislative transportation committee containing recommendations for special fuel and motor vehicle fuel recordkeeping and reporting requirements, including but not limited to recommendations regarding the form and manner in which records and tax reports must be maintained and made available to the department; which persons engaged in the business of selling, purchasing, distributing, storing, transporting, or delivering fuel should be required to submit periodic reports regarding the disposition of such fuel; and the feasibility of implementing an automated fuel tracking system. The report is due no later than October 31, 1997.
(3) The department of licensing, in cooperation with representatives of local governments and the department of revenue shall analyze the collection of the local option fuel tax under RCW 82.80.010. Based on that analysis the department of licensing shall offer recommendations regarding the appropriate government entity to collect the local option fuel tax and the best method to accomplish that collection. The department of licensing shall report its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.
(4) The department of licensing, in conjunction with the interagency commission on outdoor recreation, the department of transportation, and other affected entities, shall conduct a study and make recommendations regarding:
(a) Whether the study required by RCW 43.99.030 to determine what portion of the motor vehicle fuel tax collected is tax on marine fuel is an effective and efficient mechanism for determining what portion of fuel tax revenues should be refunded to the marine fuel tax refund account;
(b) Other possible methodologies for determining the appropriate amount of tax revenue to refund from the motor vehicle fund to the marine tax refund account; and
(c) Whether the tax on fuel used by illegally nonregistered boats should be refunded to the marine tax refund account.
The department of licensing shall make a report of its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.
(5) $382,000 of the motor vehicle fund--state appropriation is provided solely to implement Substitute House Bill No. 2659. If Substitute House Bill No. 2659 is not enacted by June 30, 1998, this amount shall lapse.
Sec. 507. 1998 c 348 s 209 (uncodified) is amended to read as follows:
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,411,000
Highway Safety Fund--State Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((61,087,000))
59,869,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 4,985,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((64,112,000))
66,265,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $225,000 of the highway safety account--state appropriation is provided solely to implement Substitute House Bill No. 2442 or Senate Bill No. 6190. If neither bill is enacted by June 30, 1998, this amount shall lapse.
(2) $480,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 6165. If Senate Bill No. 6165 is not enacted by June 30, 1998, this amount shall lapse.
(((6))) (3) $1,000,000 of the highway safety account--state appropriation is provided solely to implement 1998 legislation that changes statutes relating to driving under the influence. If legislation changing the DUI statutes is not enacted by June 30, 1998, this amount shall lapse.
Sec. 508. 1997 c 457 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((24,703,000))
24,436,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 400,000
Motor Vehicle Fund--Transportation Capital
Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$ ((24,338,000))
24,330,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((49,441,000))
49,166,000
Sec. 509. 1998 c 348 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Motor Vehicle Fund--Economic Development Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,434,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((163,275,000))
123,575,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 155,485,000
Motor Vehicle Fund--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,000,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ ((73,271,000))
65,471,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((230,546,000))
225,546,000
Puyallup Tribal Settlement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
Puyallup Tribal Settlement Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,401,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((671,612,000))
619,112,000
The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The special category C account--state appropriation of (($73,271,000)) $65,471,000 includes $26,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.812 through 47.10.817 ((and includes $12,000,000 in proceeds from the sale of bonds authorized by House Bill No. 1012)). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. ((If House Bill No. 1012 is not enacted by June 30, 1998, $7,800,000 of the special category C account--state appropriation shall lapse.))
(2) The motor vehicle fund--state appropriation includes $2,685,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(3) The department shall report annually to the legislative transportation committee on the status of the projects funded by the special category C appropriations contained in this section. The report shall be submitted by January 1 of each year.
(4) The motor vehicle fund--state appropriation in this section includes $600,000 solely for a rest area and information facility in the Nisqually gateway area to Mt. Rainier, provided that at least forty percent of the total project costs are provided from federal, local, or private sources. The contributions from the nonstate sources may be in the form of in-kind contributions including, but not limited to, donations of property and services.
(5) The appropriations in this section contain $118,247,000 reappropriation from the 1995-97 biennium.
(6) The motor vehicle fund--state appropriation in this section includes $250,000 to establish a wetland mitigation pilot project. This appropriation may only be expended if the department of transportation establishes a technical committee to better implement the department's strategic plan. The technical committee shall include, but is not limited to, cities, counties, environmental groups, business groups, tribes, the Puget Sound action team, and the state departments of ecology, fish and wildlife, and community, trade, and economic development, and appropriate federal agencies. The committee shall assist the department in implementing its wetland strategic plan, including working to eliminate barriers to improved wetland and watershed management. To this end, the technical committee shall: (a) Work to facilitate sharing of agency environmental data, including evaluation of off-site and out-of-kind mitigation options; (b) develop agreed-upon guidance that will enable the preservation of wetlands that are under imminent threat from development for use as an acceptable mitigation option; (c) develop strategies that will facilitate the implementation of mitigation banking, including developing mechanisms for valuing and transferring credits; (d) provide input in the development of wetland functions assessment protocols related to transportation projects; (e) develop incentives for interagency participation in joint mitigation projects within watersheds; and (f) explore options for funding environmental mitigation strategies. The department shall prepare an annual report to the legislative transportation committee and legislative natural resources committees on recommendations developed by the technical committee.
(7) The department shall report January 1st and July 1st of each year, to the legislative transportation committee and the office of financial management of the timing and the scope of work being performed for the regional transit authority. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.
(8) The translake study funded in this section shall include recommendations to address methods for mitigating traffic noise in the study area.
(9) Funding for the SR 509 project extending south and east from south 188th street in King county is contingent on the development of a proposal linking the project to other freight corridors and a funding plan with participation from partners of the state that are agreed to by the legislative transportation committee and the governor.
(10) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
(11) $2,000,000 of the motor vehicle fund--state appropriation is provided solely for transfer to the advanced environmental mitigation revolving account--state.
(((14))) (12) $13,000,000 of the motor vehicle fund--state appropriation and $12,000,000 of the transportation fund--state appropriation are provided solely for preliminary engineering and purchase of right of way for highway construction.
(((15) $35,000,000 of the motor vehicle fund--state appropriation is conditioned upon voter approval of a referendum on a state-wide ballot that provides funding for transportation purposes. If the voters approve such a referendum, $35,000,000 of the motor vehicle fund--state appropriation is put in reserve solely to be used for the purposes of preliminary engineering and purchase of right of way for highway construction. These moneys may only be expended upon approval of both the legislative transportation committee and the office of financial management.))
(13) The department may advertise and award certain specified projects prior to June 30, 1999. This authority extends to the 10 projects listed in the transportation executive information system document titled "1999 Supplemental Budget — Spring Start Projects (Rev.)" dated March 13, 1999.
Sec. 510. 1998 c 348 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((1,280,000))
1,255,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 16,235,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,515,000))
17,490,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $16,235,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of only the SR 16 corridor improvements and park and ride projects selected under the public-private transportation initiative program authorized under chapter 47.46 RCW; and support costs of the public-private transportation initiatives program.
(2) The appropriations in this section contain $16,235,000 reappropriated from the 1995-97 biennium.
Sec. 511. 1998 c 348 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((239,200,000))
237,013,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 465,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 3,335,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((243,000,000))
240,813,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The department shall deliver the highway maintenance program according to the plans for each major maintenance group to the extent practical. However, snow and ice expenditures are highly variable depending on actual weather conditions encountered. If extraordinary winter needs result in increased winter maintenance expenditures, the department shall, after prior consultation with the transportation commission, the office of financial management, and the legislative transportation committee adopt one or both of the following courses of action: (a) Reduce planned maintenance activities in other groups to offset the necessary increases for snow and ice control; or (b) continue delivery as planned within other major maintenance groups and request a supplemental appropriation in the following legislative session to fund the additional snow and ice control expenditures.
(3) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
(4) Funding appropriated for local storm water charges assessed under RCW 90.03.525, which is allocated for, but not paid to, a local storm water utility because the utility did not meet the conditions provided under RCW 90.03.525, may be transferred by the department to program Z of the department to be distributed as grants under the storm water grant program.
Sec. 512. 1998 c 348 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((288,720,000))
285,220,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 274,259,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 2,400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((568,379,000))
561,879,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $6,800,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The appropriations in this section contain $27,552,000 reappropriated from the 1995-97 biennium.
(3) If the Oregon state legislature enacts a public/private partnership program and the Washington state transportation commission, in consultation with the legislative transportation committee, negotiates and enters into an agreement between Washington and Oregon to place the Lewis and Clark bridge into Oregon's public/private partnership program, up to $3,000,000 of the motor vehicle fund--state appropriation may be used as Washington's contribution toward the design of the project pursuant to the agreement between Washington and Oregon. Any additional contributions shall be subject to Washington state legislative appropriations and approvals. The department shall provide a status report on this project to the legislative transportation committee by June 30, 1998.
(((6))) (4) $630,000 of the motor vehicle fund--state appropriation is provided for slope stabilization along state route 166 in the Ross Point vicinity. This amount is intended to fund preliminary engineering, right of way acquisition, and to begin construction.
Sec. 513. 1998 c 348 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q
State Patrol Highway Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 153,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((30,412,000))
29,982,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Motor Vehicle Fund--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 275,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((31,840,000))
31,410,000
The appropriation in this section is subject to the following conditions and limitations and specified amount is provided solely for that activity:
(1) The department, in cooperation with the Washington state patrol and the tow truck industry, shall develop and submit to the legislative transportation committee by October 31, 1997, a recommendation for implementing new tow truck services during peak hours on the Puget Sound freeway system.
(2) The department, in cooperation with the Washington state patrol, the department of licensing, the state of Oregon, and the United States department of transportation, shall install and operate the commercial vehicle information systems and network (CVISN) at a selected pilot site. If the state department of transportation receives additional federal funding for this project that is eligible to supplant state funding, the appropriation in this section shall be reduced by the amount of the state funds supplanted.
Sec. 514. 1998 c 348 s 216 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Motor Vehicle Fund--Puget Sound Capital
Construction Account--State Appropriation.. . . . . . . . . . . . . . . . .$ 777,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((70,032,000))
69,685,000
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,093,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 1,158,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((73,060,000))
72,713,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1)(a) The motor vehicle fund--state appropriation includes $14,300,000 provided solely for programming activities and other efforts needed to bring the department's information systems, and devices with computers built into them, into compliance with the year 2000 requirements of the department of information services. The department is directed to expend the moneys internally reallocated for this purpose before spending from this appropriation. The department is directed to provide quarterly reports on this effort to the legislative transportation committee and the office of financial management beginning October 1, 1997.
(b) Up to $2,900,000 of the amount provided in (a) of this subsection may be expended for testing and required modifications to electronic devices and other equipment and specialized software that are essential for department operations to ensure they are year 2000 compliant. Before expending any of this amount for these purposes, the department shall consult with the legislative transportation committee and the office of financial management.
(2) The legislative transportation committee shall review and analyze freight mobility issues affecting eastern and southeastern Washington as recommended by the freight mobility advisory committee and report back to the legislature by November 1, 1997. $500,000 of the motor vehicle fund--state appropriation is provided for this review and analysis. The funding conditioned in this subsection shall be from revenues provided for interjurisdictional studies.
(3) In order to increase visibility for decision making, the department shall review its budgeting and accounting methods for management information systems. The review shall include, but not be limited to, the cost-benefit analysis of existing processes and evaluation of less complex alternatives such as direct appropriations. The results of the review shall be reported to the legislative transportation committee and the office of financial management by July 1, 1998.
Sec. 515. 1997 c 457 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((16,098,000))
15,884,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 10,466,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((1,384,000))
1,379,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((27,948,000))
27,729,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: Up to $2,400,000 of the motor vehicle fund--state appropriation is provided for regional transportation planning organizations, with allocations for participating counties maintained at the 1995-1997 biennium levels for those counties not having metropolitan planning organizations within their boundaries.
Sec. 516. 1998 c 348 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
(1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT
((Motor Vehicle Fund--State App. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,515,000))
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 3,715,000
(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 840,000
(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 3,391,000
(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((2,240,000))
2,140,000
(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 12,535,000
(6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . . . . . . . . On motion of. . . . . . $ 2,928,000
(7) FOR PAYMENT OF COSTS OF THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 536,000
(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 90,000
(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 735,000
(10) FOR ARCHIVES AND RECORDS MANAGEMENT
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 355,000
Sec. 517. 1998 c 348 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Motor Vehicle Fund--Puget Sound Capital
Construction Account--State Appropriation.. . . . . . . . . . . . . . . . .$ ((209,886,000))
192,886,000
Motor Vehicle Fund--Puget Sound Capital
Construction Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30,165,000
Motor Vehicle Fund--Puget Sound Capital
Construction Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 765,000
Transportation Fund--Passenger Ferry Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 640,000
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((241,456,000))
224,456,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriations in this section are provided to carry out only the projects (version ((3)) 2) adjusted by the legislature for the 1997-99 budget. The department shall reconcile the 1995-97 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $100,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries, including construction of new jumbo ferry vessels in accordance with the requirements of RCW 47.60.770 through 47.60.778. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.
(4) Washington state ferries is authorized to reimburse up to $3,000,000 from the Puget Sound capital construction account--state appropriation or Puget Sound capital construction account--federal appropriation to the city of Bremerton and the port of Bremerton for Washington state ferries' financial participation in the development of a Bremerton multimodal transportation terminal, port of Bremerton passenger-only terminal expansion, and ferry vehicular connections to downtown traffic circulation improvements. The reimbursement shall specifically support the construction of the following components: Appropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections; and the Washington state ferries' component of the Bremerton multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network.
(5) The Puget Sound capital construction account--state appropriation includes funding for capital improvements on vessels to meet United States Coast Guard Subchapter W regulation revisions impacting SOLAS (safety of life at sea) requirements for ferry operations on the Anacortes to Sidney, B.C. ferry route.
(6) The Puget Sound capital construction account--state appropriation, the Puget Sound capital construction account--federal appropriation, and the passenger ferry account--state appropriation include funding for the construction of one new passenger-only vessel and the department's exercise of the option to build a second passenger-only vessel. In accordance with chapter 166, Laws of 1998, Washington state ferries shall accelerate activities to ensure the acquisition of five additional passenger-only vessels and the construction of related terminal facilities, including maintenance facilities for the Southworth and Kingston to Seattle passenger-only ferry routes.
(7) The Puget Sound capital construction account--state appropriation includes funding for the exploration and acquisition of a design for constructing a millennium class ferry vessel.
(8) The Puget Sound capital construction account--state appropriation includes $90,000 for the purchase of defibrillators. At least one defibrillator shall be placed on each vessel in the ferry fleet.
(9) The appropriations in this section contain $46,962,000 reappropriated from the 1995-97 biennium.
Sec. 518. 1998 c 348 s 219 (uncodified) is amended to read as follows:
Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . .$ ((270,522,000))
270,473,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation is based on the budgeted expenditure of (($28,696,000)) $27,076,000 for vessel operating fuel in the 1997-99 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1997-99 biennium may not exceed (($179,095,000)) $180,715,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $313.95 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1997-99 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1997, and thereafter, as established in the 1997-99 general fund operating budget.
(3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.
(4) The appropriation in this section includes up to $1,566,000 for additional operating expenses required to comply with United States Coast Guard Subchapter W regulation revisions for vessels operating on the Anacortes to Sidney, B.C. ferry route. The department shall explore methods to minimize the cost of meeting United States Coast Guard requirements and shall report the results to the legislative transportation committee and office of financial management by September 1, 1997.
(5) The department shall request a reduction of the costs associated with the use of the terminal leased from the Port of Anacortes and costs associated with use of the Sidney, British Columbia terminal.
(6) Agreements between Washington state ferries and concessionaires for automatic teller machines on ferry terminals or vessels shall provide for and include banks and credit unions that primarily serve the west side of Puget Sound.
(7) In the event federal funding is provided for one or more passenger-only ferry vessels for the purpose of transporting United States naval personnel, the department of transportation is authorized to acquire and construct such vessels in accordance with the authority provided in RCW 47.56.030, and the department shall establish a temporary advisory committee comprised of representatives of the Washington state ferries, transportation commission, legislative transportation committee, office of financial management, and the United States Navy to analyze and make recommendations on, at a minimum, vessel performance criteria, docking, vessel deployment, and operating issues.
(8) The appropriation provides funding for House Bill No. 2165 (paying interest on retroactive raises for ferry workers).
(9) The commission is authorized to increase Washington state ferry tariffs in excess of the fiscal growth factor, established under chapter 43.135 RCW, in fiscal year 1998 and fiscal year 1999.
(10) Funding for Anacortes to Sidney advertising is contingent upon partners meeting their commitment. In no event may the state share exceed fifty percent of the cash contribution toward the project.
(11) $1,370,000 of this appropriation is provided solely for the Hiyu operation for Southworth/Vashon 5 days per week for 16 hours per day. Prior to placing the Hiyu in permanent service on a route between Vashon and Southworth, the Washington state ferries shall conduct a study of the impact of additional service on Vashon and Southworth and report back to the legislative transportation committee by May 15, 1998.
(12) $446,000 of this appropriation is provided solely to provide an additional crew member on Jumbo Mark 2 ferries as required by emergency evacuation regulations adopted by the United States Coast Guard. If the Coast Guard requirement can be met without the hiring of additional staff, the portion of this appropriation provided to meet that requirement shall not be expended.
Sec. 519. 1998 c 348 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION AND RAIL--PROGRAM Y
Essential Rail Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 256,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,225,000))
13,185,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,290,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((55,029,000))
46,858,000
Transportation Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . .$ 3,947,000
Transportation Fund--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 105,000
Central Puget Sound Public Transportation
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,250,000))
250,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((83,102,000))
70,891,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Up to $46,180,000 of the transportation fund--state appropriation is provided for intercity rail passenger service including up to $8,000,000 for lease purchase of two advanced technology train sets with total purchase costs not to exceed $20,000,000; up to $1,000,000 for one spare advanced technology train power-car and other spare parts, subsidies for operating costs not to exceed $12,000,000, to maintain service of two state contracted round trips between Seattle and Portland and one state contracted round trip between Seattle and Vancouver, British Columbia, and capital projects necessary to provide Seattle-Vancouver, British Columbia, train operating times of under 4 hours.
(2) Up to $3,000,000 of the transportation fund--state appropriation is provided for the rural mobility program administered by the department of transportation. Priority for grants provided from this account shall be given to projects and programs that can be accomplished in the 1997-99 biennium.
(3) Up to $600,000 of the high capacity transportation account--state appropriation is provided for rail freight coordination, technical assistance, and planning.
(4) The department shall provide biannual reports to the legislative transportation committee and office of financial management regarding the department's rail freight program. The department shall also notify the committee for project expenditures from all fund sources prior to making those expenditures. The department shall examine the ownership of grain cars and the potential for divestiture of those cars and other similar assets and report those findings to the committee prior to the 1998 legislative session.
(5) Up to $750,000 of the transportation fund--state appropriation and up to $250,000 of the central Puget Sound public transportation account--state appropriation are provided to fund activities relating to coordinating special needs transportation among state and local providers. These activities may include demonstration projects, assessments of resources available versus needs, and identification of barriers to coordinating special needs transportation. The department will consult with the superintendent of public instruction, the secretary of the department of social and health services, the office of financial management, the fiscal committees of the house of representatives and senate, special needs consumers, and specialized transportation providers in meeting the goals of this subsection.
(6) The appropriations in this section contain $4,599,000 reappropriated from the 1995-97 biennium.
(7) The high capacity transportation account--state appropriation includes $75,000 for the department to develop a strategy and to identify how the agency would expend additional moneys to enhance the commute trip reduction program. The report would include recommendations for grant programs for employers and jurisdictions to reduce SOV usage and to provide transit incentives to meet future commute trip reduction requirements. The report is due to the legislative transportation committee by January 1, 1998.
(8) In addition to the appropriations contained in this section, the office of financial management shall release the $2,000,000 transportation fund--state funds appropriated for the intercity rail passenger program in the 1995-97 biennium but held in reserve pursuant to section 502, chapter 165, Laws of 1996.
(9) Up to $150,000 of the transportation fund--state appropriation is provided for the management and control of the transportation corridor known as the Milwaukee Road corridor owned by the state between Ellensburg and Lind, and to take actions necessary to allow the department to be in a position, with further legislative authorization, to begin to negotiate a franchise with a rail carrier to establish and maintain a rail line over portions of the corridor by July 1, 1999.
(((11))) (10) $4,000,000 of the high capacity transportation account--state appropriation for passenger rail infrastructure improvement is provided solely for rail improvements to add rail passenger service north of Seattle. These funds are conditioned on match of at least equal amounts from both Burlington Northern Sante Fe and Amtrak for rail line improvements and upon Amtrak purchasing an additional train set for operation in the corridor. These funds shall not be expended until authorized by the legislative transportation committee and the office of financial management; and the participation of international partners in service provided in the corridor shall be considered in such a decision.
Sec. 520. 1998 c 348 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((9,802,000))
9,862,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 33,726,000
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((650,000))
450,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,175,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((45,353,000))
45,213,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $1,785,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) As a condition of receiving the full state subsidy in support of the Puget Island ferry, Wahkiakum county must, by December 31, 1997, increase ferry fares for passengers and vehicles by at least ten percent. If the fares are not increased to meet this requirement, the department, in determining the state subsidy after December 31, 1997, shall reduce the operating deficit by the amount that would have been generated if the ten percent fare increase had been implemented.
(3) The appropriations in this section contain $1,750,000 reappropriated from the 1995-97 biennium.
(4) Up to $500,000 of the high capacity transportation account--state appropriation is provided for implementation of the recommendations of the freight mobility advisory committee, and any legislation enacted resulting from those recommendations.
(5) $175,000 of the transportation fund--state appropriation is provided solely to fund the freight mobility strategic investment board. If Second Substitute House Bill No. 2180 is not enacted by June 30, 1998, this amount shall lapse.
(6) The transportation account--state appropriation includes $600,000 to establish alternatives for flood management and flood hazard reduction projects in the Chehalis Basin. A technical committee comprised of the department of transportation, department of ecology, the United States army corps of engineers, federal emergency management administration, United States geological survey, affected counties and tribes, and other entities with critical knowledge related to flood hazard reduction projects in the Chehalis Basin shall be formed. Funds shall be distributed to counties within the Chehalis Basin by the department of transportation for projects that further understanding of the causes of flooding and options for flood hazard reduction. Alternatives shall be consistent with fish and habitat recovery efforts. Projects funded shall be coordinated with the technical committee. The department of transportation shall present a report to the legislative transportation committee and other appropriate legislative committees regarding findings and/or progress made by funded projects by December 1, 1998.
(((8))) (7) $750,000 of the motor vehicle fund--state appropriation is provided solely for a median barrier upon the Spokane street viaduct. Use of this funding is contingent upon a commitment of funding from other partners for the remainder of the project cost.
(((9))) (8) Up to $150,000 of the high capacity transportation account--state appropriation is provided for the installation of active railroad crossing warning devices at the Sunnyside beach park entrance in Steilacoom.
(((10))) (9) $400,000 of the transportation fund--state appropriation is provided solely for a study by the legislative transportation committee, in cooperation with the port of Benton, developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.
Transportation Agencies Capital Facilities
Sec. 521. 1997 c 457 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL
Motor Vehicle Fund--Transportation Capital
Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$ ((21,696,000))
21,261,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The department of transportation shall provide to the legislative transportation committee prior notice and the latest project information at least two weeks in advance of the bid process for transportation capital facilities projects going to bid in the 1997-99 biennium.
(2) Construction of the Mount Rainier storage facility shall not commence until the department has secured an operational lease that would allow the placement of the facility on United States forest service lands near the entrance to the Mather memorial parkway.
(3) The appropriation in this section contains $7,719,000 reappropriated from the 1995-97 biennium.
Transfers and Distributions
Sec. 522. 1998 c 348 s 402 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Fund--Puget Sound Capital
Construction Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 130,000
Transportation Improvement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
ecial Category C Account Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 190,000
Transportation Capital Facilities Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000
Urban Arterial Account Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((1,995,000))
1,026,000
Sec. 523. 1998 c 348 s 404 (uncodified) is amended to read as follows:
(1) R V Account--State Appropriation:
For transfer to the Motor Vehicle Fund--State. . .. . . . . . . . . . . . . . . . .$ 1,176,000
(2) Motor Vehicle Fund--State Appropriation:
For transfer to the Transportation Capital
Facilities Account--State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,569,000
(3) ((Small City Account--State Appropriation:
For transfer to the Transportation Improvement
Account--State. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,500,000))
Motor Vehicle Fund--State Appropriation:
For transfer to the Highway Infrastructure
Account--State. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000
Sec. 524. 1997 c 457 s 403 (uncodified) is amended to read as follows:
City Hardship Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
Motor Vehicle Fund Appropriation for motor
vehicle fuel tax and overload penalties
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 471,937,000
Transportation Fund Appropriation for motor vehicle
excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,744,000))
118,747,000
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((475,881,000))
590,884,000
Miscellaneous
NEW SECTION. Sec. 525. A new section is added to 1997 c 457 (uncodified) to read as follows:
INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.
(1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative state-wide infrastructure.
(2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:
(a) System refurbishment, acquisitions, and development efforts;
(b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;
(c) Assessment of overall information processing performance, resources, and capabilities;
(d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and
(e) Progress toward enabling electronic access to public information.
(3) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and state-wide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.
(4) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.
(5) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.
(6) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.
(7) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.
NEW SECTION. Sec. 526. The following acts or parts of acts are each repealed:
(1) 1997 c 457 s 502;
(2) 1997 c 457 s 514; and
(3) 1997 c 457 s 515.
PART VI
PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS
NEW SECTION. Sec. 601. As a management tool to reduce costs and make more effective use of resources, while improving employee productivity and morale, agencies may offer voluntary separation and/or downshifting incentives and options according to procedures and guidelines established by the department of personnel and the department of retirement systems, in consultation with the office of financial management. The options may include, but are not limited to, financial incentives for: Voluntary resignation and retirement, voluntary leave-without-pay, voluntary workweek or work hour reduction, voluntary downward movement, and temporary separation for development purposes.
Agency plans and offers shall be reviewed and monitored jointly by the department of personnel, office of financial management, and the department of retirement systems. The senate transportation committee and the house of representatives transportation committee shall also review and monitor the plans of agencies that receive funds appropriated under this act.
NEW SECTION. Sec. 602. It is the intent of the legislature that agencies may implement a voluntary retirement incentive program that is cost neutral or results in cost savings provided that such program is approved by the director of financial management. Agencies participating in this authorization are required to submit a report by June 30, 2001, to the legislature and the office of financial management on the outcome of their approved retirement incentive program. The report should include information on the details of the program including resulting service delivery changes, agency efficiencies, the cost of the retirement incentive per participant, the total cost to the state and the projected or actual net dollar and staff savings over the 1999-2001 biennium.
NEW SECTION. Sec. 603. PERFORMANCE BASED BUDGETING. (1) The department of licensing, the department of transportation, the Washington state patrol, and the Washington traffic safety commission, in cooperation with the office of financial management, the senate transportation committee, and the house of representatives transportation committee will continue the implementation of performance based budgeting. The performance based budgeting process will provide a measurable link between agency objectives, service levels, and budget. The agencies shall:
(a) Continue to develop, enhance, validate, and test indicators of performance, stated in achieving the agencies' goals; and
(b) Refine performance based budgeting and investment levels in the following programs:
(i) Department of transportation: Maintenance program M, preservation program P, traffic operations program Q, and marine program X;
(ii) Department of licensing: Driver's services and vehicle services;
(iii) Washington state patrol: Field operations bureau; and
(iv) Washington traffic safety commission; and
(c) Submit and implement a plan to provide program managers with the training and technical assistance necessary to extend the practices of performance measurement and performance based budgeting throughout agency programs.
(2) The transportation agencies shall submit a strategic plan and activity summary with their agency request budgets and tie the plan's strategies together with the 2001-2003 budget requests. The strategic plan must include a six-year outlook and define and clarify the agency mission and vision, provide the basis for budget development, and outline and prioritize the agency's goals and strategies. The agencies will continue to improve agency infrastructures to capture and report performance data for use by agency management, the office of financial management, the senate transportation committee, and the house of representatives transportation committee in the decision making process.
(3)(a) The agencies shall input monthly their financial information and quarterly program performance measurements into the transportation executive information system and will utilize the transportation executive information system investment system in the development of their agency policy request budgets.
(b) The department of licensing and the Washington state patrol shall submit budgets to the legislature at the subprogram level.
NEW SECTION. Sec. 604. PROGRAM ACCOUNTABILITY REVIEWS. The senate transportation committee, the house of representatives transportation committee, the office of financial management, and the transportation agencies shall establish the means of conducting program accountability reviews of all transportation programs. The reviews shall include:
(1) Review and analysis of existing programs to determine any program changes required to meet established criteria along with the list of programs to be reviewed as determined by the program accountability review steering committee made up of the senate transportation committee, the house of representatives transportation committee, the office of financial management, and agency personnel. Each review will have a plan with timelines, deliverables, and milestones to ensure it is completed on time with anticipated deliverables. Each review will have a review accountability report presented to the senate transportation committee and the house of representatives transportation committee with recommendations and implementation schedule agreed to by the reviewers and the agency program being reviewed.
(2) A concentration on:
(a) Appropriateness of service objectives used to determine service levels;
(b) Effectiveness of current management systems;
(c) Development or improvement of existing outcome, output, efficiency, and effectiveness performance measures;
(d) The effectiveness of communication and decision making within the program;
(e) Staffing levels and organizational structure, including changes to roles and responsibilities;
(f) The existence and effectiveness of oversight and control measures within the program;
(g) The process of distributing funds and staff among activities;
(h) Methods for making trade off decisions within and between programs and activities;
(i) Development of tools that assist policymakers and managers in using performance measures and investment tradeoff methods;
(j) Development of long-term investment strategies; and
(k) Other program items that would be beneficial to include in the program accountability review.
(3) The recommendations will be considered in future biennium transportation budgets in determining whether to enhance, streamline, retain, reduce, or eliminate programs based on value and benefits provided to the state.
NEW SECTION. Sec. 605. (1) Twenty-two percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for transportation improvements necessary for rural economic development in counties with a population density of less than 100 persons per square mile, and in urban community empowerment zones. The community economic revitalization board will select eligible projects, with staff support, as appropriate, from the department of transportation to facilitate distribution of the funds. In the event that eligible economic development projects do not materialize by the time the funds must be obligated each year, the remaining funds will revert to eligible rural counties for other regional transportation needs. Project selection for reverted funds will be by the appropriate body in each county for selecting projects funded with regional surface transportation funds, typically the metropolitan planning organization or regional transportation planning organization.
(2) Twenty-two percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for the state-wide competitive program. The transportation improvement board will select projects under this program.
(3) Twenty-two percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for distribution by the appropriate body in each county that is responsible for selecting projects funded with regional surface transportation funds, typically the metropolitan planning organization or regional transportation planning organization.
(4) Thirty-four percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for the Washington state department of transportation.
NEW SECTION. Sec. 606. (1) Notwithstanding RCW 79.91.100, between July 1, 1999, and June 30, 2001, the department of natural resources shall grant easements to cities, towns, and counties for roadway purposes, including the right to make necessary fills, on, over, or across the beds of navigable waters if those easements are necessary to facilitate the construction of projects funded in this act.
(a) For purposes of this section, a project is funded in this act if it is specifically identified for full or partial funding in this act or is referenced for funding in whole or in part in the budget notes or projects lists produced as supporting documentation for this act
(b) The department of natural resources shall not charge the city, town, or county for the easement except as necessary to recover reasonable administrative costs.
(2) If a city, town, or county requests an easement under this section, the department of natural resources shall execute and deliver an instrument granting the easement to the requesting city, town, or county.
Sec. 607. RCW 43.19.1906 and 1995 c 269 s 1404 are each amended to read as follows:
Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;
(2) Purchases not exceeding thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes. Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars, if warranted by increases in purchasing costs due to inflationary trends;
(3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935;
(5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;
(7) Purchases by institutions of higher education not exceeding thirty-five thousand dollars: PROVIDED, That for purchases between two thousand five hundred dollars and thirty-five thousand dollars quotations shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between two thousand five hundred dollars and thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from two thousand five hundred to thirty-five thousand dollars shall be documented for audit purposes; and
(8) Negotiation of a contract by the department of transportation, valid until June 30, 2001, with registered tow truck operators to provide roving service patrols in one or more Washington state patrol tow zones whereby those registered tow truck operators wishing to participate would cooperatively, with the department of transportation, develop a demonstration project upon terms and conditions negotiated by the parties.
Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.
Sec. 608. RCW 88.16.090 and 1995 c 175 s 1 are each amended to read as follows:
(1) A person may pilot any vessel subject to the provisions of this chapter on waters covered by this chapter only if appointed and licensed to pilot such vessels on said waters under and pursuant to the provisions of this chapter.
(2) A person is eligible to be appointed a pilot if the person is a citizen of the United States, over the age of twenty-five years and under the age of seventy years, a resident of the state of Washington at the time of appointment and only if the pilot applicant holds as a minimum, a United States government license as a master of ocean or near coastal steam or motor vessels of not more than one thousand six hundred gross tons or as a master of inland steam or motor vessels of not more than one thousand six hundred gross tons, such license to have been held by the applicant for a period of at least two years prior to taking the Washington state pilotage examination and a first class United States endorsement without restrictions on that license to pilot in the pilotage districts for which the pilot applicant desires to be licensed, and if the pilot applicant meets such other qualifications as may be required by the board. A person applying for a license under this section shall not have been convicted of an offense involving drugs or the personal consumption of alcohol in the twelve months prior to the date of application. This restriction does not apply to license renewals under this section.
(3) Pilots shall be licensed hereunder for a term of five years from and after the date of the issuance of their respective state licenses. Such licenses shall thereafter be renewed as of course, unless the board shall withhold same for good cause. Each pilot shall pay to the state treasurer an annual license fee as follows: For the period beginning July 1, 1995, through June 30, ((1999)) 2001, the fee shall be two thousand five hundred dollars; and for the period beginning July 1, ((1999)) 2001, the fee shall be three thousand dollars. The fees shall be deposited in the state treasury to the credit of the pilotage account. The board may assess partially active or inactive pilots a reduced fee.
(4) Pilot applicants shall be required to pass a written and oral examination administered and graded by the board which shall test such applicants on this chapter, the rules of the board, local harbor ordinances, and such other matters as may be required to compliment the United States examinations and qualifications. The board shall hold examinations at such times as will, in the judgment of the board, ensure the maintenance of an efficient and competent pilotage service. An examination shall be scheduled for the Puget Sound pilotage district if there are three or fewer successful candidates from the previous examination who are waiting to become pilots in that district.
(5) The board shall develop an examination and grading sheet for each pilotage district, for the testing and grading of pilot applicants. The examinations shall be administered to pilot applicants and shall be updated as required to reflect changes in law, rules, policies, or procedures. The board may appoint a special independent examination committee or may contract with a firm knowledgeable and experienced in the development of professional tests for development of said examinations. Active licensed state pilots may be consulted for the general development of examinations but shall have no knowledge of the specific questions. The pilot members of the board may participate in the grading of examinations. If the board does appoint a special examination development committee it is authorized to pay the members of said committee the same compensation and travel expenses as received by members of the board. When grading examinations the board shall carefully follow the grading sheet prepared for that examination. The board shall develop a "sample examination" which would tend to indicate to an applicant the general types of questions on pilot examinations, but such sample questions shall not appear on any actual examinations. Any person who willfully gives advance knowledge of information contained on a pilot examination is guilty of a gross misdemeanor.
(6) All pilots and applicants are subject to an annual physical examination by a physician chosen by the board. The physician shall examine the applicant's heart, blood pressure, circulatory system, lungs and respiratory system, eyesight, hearing, and such other items as may be prescribed by the board. After consultation with a physician and the United States coast guard, the board shall establish minimum health standards to ensure that pilots licensed by the state are able to perform their duties. Within ninety days of the date of each annual physical examination, and after review of the physician's report, the board shall make a determination of whether the pilot or candidate is fully able to carry out the duties of a pilot under this chapter. The board may in its discretion check with the appropriate authority for any convictions of offenses involving drugs or the personal consumption of alcohol in the prior twelve months.
(7) The board shall prescribe, pursuant to chapter 34.05 RCW, a number of familiarization trips, between a minimum number of twenty-five and a maximum of one hundred, which pilot applicants must make in the pilotage district for which they desire to be licensed. Familiarization trips any particular applicant must make are to be based upon the applicant's vessel handling experience.
(8) The board may require vessel simulator training for a pilot applicant and shall require vessel simulator training for a pilot subject to RCW 88.16.105. The board shall also require vessel simulator training in the first year of active duty for a new pilot and at least once every five years for all active pilots.
(9) The board shall prescribe, pursuant to chapter 34.05 RCW, such reporting requirements and review procedures as may be necessary to assure the accuracy and validity of license and service claims, and records of familiarization trips of pilot candidates. Willful misrepresentation of such required information by a pilot candidate shall result in disqualification of the candidate.
(10) The board shall adopt rules to establish time periods and procedures for additional training trips and retesting as necessary for pilots who at the time of their licensing are unable to become active pilots.
NEW SECTION. Sec. 609. The following bills, as enacted in the form passed by the legislature, are necessary to implement portions of this act: House Bill Nos. 1053, 1147, 1304, 1466, 1588, 2201, 2245, and 2259 and Senate Bill Nos. 5060, 5283, 5360, 5605, 5615, 5955, 6030, and 6068.
NEW SECTION. Sec. 610. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 611. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.”
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen and Benton to Substitute House Bill No. 1125.
The motion by Senator Haugen carried and the striking amendment was adopted.
.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 43.19.1906 and 88.16.090; amending 1997 c 457 ss 110, 204, 215, 223, 303, and 403 (uncodified); amending 1998 c 348 ss 203, 205, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 402, and 404 (uncodified); adding a new section to 1997 c 457 (uncodified); creating new sections; repealing 1997 c 457 s 502 (uncodified); repealing 1997 c 457 s 514 (uncodified); repealing 1997 c 457 s 515 (uncodified); making appropriations; and declaring an emergency."
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1125, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1125, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1125, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Heavey - 1. SUBSTITUTE HOUSE BILL NO. 1125, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Snyder, Substitute House Bill No. 1125, as amended by the Senate under suspension of the rules, was immediately transmitted to the House of Representatives.
PERSONAL PRIVILEGE
Senator Deccio: “A point of personal privilege, Mr. President. I would like to suggest that all the flowers on the member's desks be delivered over to the House for the funeral of all the bills that are going to die over there. Thank you!”
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2201, by Representatives Fisher, Hankins, Ogden, K. Schmidt, Erickson, Skinner, Radcliff and Mielke
Imposing a surcharge on trip permit fees.
The bill was read the second time.
MOTION
Senator Haugen moved that the following Committee on Transportation amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.16.160 and 1996 c 184 s 2 are each amended to read as follows:
(1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable. The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles. Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.
(2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days, except that in the case of a recreational vehicle as defined in RCW 43.22.335, no more than two trip permits may be used for any one vehicle in a one-year period. Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.
(3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.
(4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.
(5) Trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar. If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased.
(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.
(7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.
(8) The department of licensing may adopt rules as it deems necessary to administer this section.
(9) A surcharge of five dollars is imposed on the issuance of a trip permit to a motor carrier. The surcharge must be deposited in the motor vehicle fund for the purpose of supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program. All other administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.
Sec. 2. RCW 82.38.100 and 1998 c 176 s 62 are each amended to read as follows:
(1) Any special fuel user operating a motor vehicle into this state for commercial purposes may make application for a trip permit that shall be good for a period of three consecutive days beginning and ending on the dates specified on the face of the permit issued, and only for the vehicle for which it is issued.
(2) Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety, signed, and dated by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, vehicle license number, or vehicle identification number invalidates the permit. A violation of, or a failure to comply with, this subsection is a gross misdemeanor.
(3) For each permit issued, there shall be collected a filing fee of one dollar, an administrative fee of ten dollars, and an excise tax of nine dollars. Such fees and tax shall be in lieu of the special fuel tax otherwise assessable against the permit holder for importing and using special fuel in a motor vehicle on the public highways of this state, and no report of mileage shall be required with respect to such vehicle. Trip permits will not be issued if the applicant has outstanding fuel taxes, penalties, or interest owing to the state or has had a special fuel license revoked for cause and the cause has not been removed.
(4) Blank permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.
(5) A surcharge of five dollars is imposed on the issuance of a trip permit to a motor carrier. The surcharge must be deposited in the motor vehicle fund for the purpose of supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program. All other fees and excise taxes collected by the department for trip permits shall be credited and deposited in the same manner as the special fuel tax collected under this chapter and shall not be subject to exchange, refund, or credit."
The President declared the question before the Senate to be the motion by Senator Haugen to not adopt the Committee on Transportation striking amendment to House Bill No. 2201.
The motion by Senator Haugen carried and the committee striking amendment was not adopted.
MOTION
On motion of Senator Haugen, the following striking amendment by Senators Haugen, Benton, Gardner and Sellar was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.16.160 and 1996 c 184 s 2 are each amended to read as follows:
(1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable. The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles. Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.
(2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days, except that in the case of a recreational vehicle as defined in RCW 43.22.335, no more than two trip permits may be used for any one vehicle in a one-year period. Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.
(3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.
(4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.
(5) Trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar. If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased.
(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.
(7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.
(8) The department of licensing may adopt rules as it deems necessary to administer this section.
(9) A surcharge of five dollars is imposed on the issuance of trip permits. The portion of the surcharge paid by motor carriers must be deposited in the motor vehicle fund for the purpose of supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program. The remaining portion of the surcharge must be deposited in the motor vehicle fund for the purpose of supporting congestion relief programs. All other administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.
Sec. 2. RCW 82.38.100 and 1998 c 176 s 62 are each amended to read as follows:
(1) Any special fuel user operating a motor vehicle into this state for commercial purposes may make application for a trip permit that shall be good for a period of three consecutive days beginning and ending on the dates specified on the face of the permit issued, and only for the vehicle for which it is issued.
(2) Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety, signed, and dated by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, vehicle license number, or vehicle identification number invalidates the permit. A violation of, or a failure to comply with, this subsection is a gross misdemeanor.
(3) For each permit issued, there shall be collected a filing fee of one dollar, an administrative fee of ten dollars, and an excise tax of nine dollars. Such fees and tax shall be in lieu of the special fuel tax otherwise assessable against the permit holder for importing and using special fuel in a motor vehicle on the public highways of this state, and no report of mileage shall be required with respect to such vehicle. Trip permits will not be issued if the applicant has outstanding fuel taxes, penalties, or interest owing to the state or has had a special fuel license revoked for cause and the cause has not been removed.
(4) Blank permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.
(5) A surcharge of five dollars is imposed on the issuance of trip permits. The portion of the surcharge paid by motor carriers must be deposited in the motor vehicle fund for the purpose of supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program. The remaining portion of the surcharge must be deposited in the motor vehicle fund for the purpose of supporting congestion relief programs. All other fees and excise taxes collected by the department for trip permits shall be credited and deposited in the same manner as the special fuel tax collected under this chapter and shall not be subject to exchange, refund, or credit."
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On line 1 of the title, after "surcharges;" strike the remainder of the title and insert "and amending RCW 46.16.160 and 82.38.100."
On motion of Senator Haugen, the rules were suspended, House Bill No. 2201, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2201, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2201, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 34.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, Honeyford, Johnson, McDonald, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 14.
Absent: Senator Hargrove - 1.
HOUSE BILL NO. 2201, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act
MOTION
On motion of Senator Snyder, House Bill No. 2201, as amended by the Senate, was immediately transmitted to the House of Representatives.
MOTION
At 8:20 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 8:29 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1493,
HOUSE BILL NO. 1757,
SUBSTITUTE HOUSE BILL NO. 1774.
.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MESSAGE FROM THE HOUSE
April 17, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to Substitute House Bill No. 1165 and asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTIONS
On motion of Senator Bauer, the rules were suspended and Substitute House Bill No. 1165 was returned to second reading and read the second time.
On motion of Senator Bauer, the Senate will reconsider the vote by which the Committee on Ways and Means striking amendment to Substitute House Bill No. 1165 was adopted on April 14, 1999.
Senator Bauer moved that the following amendments by Senators Bauer and Rossi to the Committee on Ways and Means striking amendment be considered simultaneously and be adopted:
Beginning on page 1, line 29 of the amendment, strike all material down to and including line 30 on page 3.
Renumber the remaining sections consecutively and correct internal references accordingly.
On page 212, after line 11 of the amendment, insert the following:
"NEW SECTION. Sec. 923. FOR THE OFFICE OF THE GOVERNOR
Salmon Recovery Grants Program (00-2-001)
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire $111,875,000 appropriation is provided solely to the salmon recovery funding board within the office of the governor to provide grants to local governments, state agencies, tribes, conservation districts, and nonprofit entities for salmon recovery activities pursuant to House Bill No. 2079 or Senate Bill No. 5595. If neither House Bill No. 2079 nor Senate Bill No. 5595 are enacted by June 30, 1999, the amount provided in this section shall lapse.
(2) Up to $14,000,000 of the general fund--federal appropriation is provided for grants to local governments for salmon recovery in accordance with a grant from the department of interior, United States fish and wildlife service received in December 1998.
(3) The remaining appropriations in this section shall be distributed by the salmon recovery funding board within the following categories:
(a) A minimum of thirty percent of the appropriation shall be provided for fish passage barrier correction projects;
(b) A minimum of thirty percent of the appropriation shall be provided for habitat enhancement projects, which may include but are not limited to: Purchase of riparian easements; stream restoration; stream flow augmentation; water quality improvement; water conservation; and storm water mitigation;
(c) A minimum of twenty percent of the appropriation for planning activities related to salmon recovery, which may include, but is not limited to: Regional salmon recovery planning; shoreline master program amendment; critical areas ordinance updates; lead entity administration and development of project lists; and project planning; and
(d) The remaining twenty percent of the appropriation may be distributed among the categories for highest priority projects as determined by the salmon recovery funding board.
(4) In developing project lists for funding, the salmon recovery funding board shall give priority consideration to:
(a) Proposals that support the recovery of salmon or steelhead runs listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.);
(b) Projects supported by a limiting factors analysis conducted according to RCW 75.46.070(2);
(c) Projects sponsored by a lead entity formed according to 75.46 RCW;
(d) Projects supporting a watershed plan developed according to chapter 90.82 RCW;
(e) Projects that create market wage jobs for displaced workers in rural natural resource impact areas, as defined under RCW 43.31.601(2);
(f) Projects with a local funding match, which may include a match of volunteer labor;
(g) Projects that include provisions for long-term maintenance and monitoring; and
(h) Other priorities identified by the salmon recovery funding board.
(5) For the 1999-2001 biennium, proposals shall be ranked by the interagency review team, for review, approval, and funding by the salmon recovery funding board. A final list of projects funded with appropriation from this section shall be submitted to the office of financial management and the legislature by June 30th of each year.
(6) The salmon recovery funding board shall develop a list of projects in each of the categories identified in subsection (3) of this section proposed for funding in the 2001-2003 biennium, for submittal to the office of financial management and the legislature by December 1, 2000.
Appropriation:
General Fund--Federal. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 74,835,000
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,200,000
Salmon Recovery Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30,840,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 111,875,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 111,875,000
Sec. 924. 1999 c ... (SHB 1165) s 112 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Housing Assistance, Weatherization, and Affordable Housing (88-5-015) (00-2-003)
The appropriations in this section are subject to the following conditions and limitations:
(1) $5,000,000 of the new appropriation from the state building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.
(2) (($1,800,000)) $800,000 of the reappropriation from the state building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.
(3) $1,000,000 of the new appropriation from the state building construction account is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.
Reappropriation:
State Building Construction Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,000,000
Appropriation:
State Building Construction Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 57,500,000
Washington Housing Trust Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,300,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 61,800,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 43,790,503
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 327,590,503
Sec. 925. 1999 c ... (SHB 1165) s 139 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Administration Building: Preservation (00-1-004)
Appropriation:
State Building Construction Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,275,000))
1,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,900,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,175,000))
6,900,000
Sec. 926. 1999 c ... (SHB 1165) s 144 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Americans with Disabilities Act: Pool (00-1-011)
The appropriation in this section is subject to the following conditions and limitations:
(1) The money provided in this section shall be solely allocated to agencies and institutions((, except for the state community and technical colleges,)) for improvements to state-owned facilities for program access enhancements.
(2) No moneys appropriated in this section or in any section specifically referencing this section shall be expended unless the department of general administration has reviewed and approved the cost estimates for the project. The department of general administration shall implement an agency request and evaluation procedure similar to the one adopted in the 1997-99 biennium for distribution of funds.
(3) No moneys appropriated in this section shall be available to institutions of higher education to modify dormitories.
Appropriation:
State Building Construction Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,000,000
Sec. 927. 1999 c ... (SHB 1165) s 148 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Buildings: Safety and infrastructure (98-1-005)
(1) The appropriations shall support the detailed list of projects maintained by the office of financial management.
(2) $270,000 of the new appropriation is provided to complete heating, ventilation, and air conditioning repair and improvements in the Newhouse building.
Reappropriation:
State Building Construction Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 179,454
Thurston County Capital Facilities Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 475,000
-------------
Subtotal Reappropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 654,454
Appropriation:
Capitol Building Construction Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,250,000
Thurston County Capital Facilities Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 585,000
State Building Construction Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((270,000))
495,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,105,000))
5,330,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,415,546
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,175,000))
7,400,000
Sec. 928. 1999 c ... (SHB 1165) s 162 (uncodified) is amended to read as follows:
FOR THE MILITARY DEPARTMENT
Yakima National Guard Armory and Readiness Center: Design and utilities (98-2-001)
The reappropriation in this section is subject to the following conditions and limitations:
Funds expended on this project for off-site utility infrastructure, and facility construction and design, which may include the provision of electricity, natural gas service, water service, ((or)) sewer service, or facility construction and design shall be for the benefit of the state. Entities that subsequently connect or use this off-site utility infrastructure shall reimburse the state at a rate proportional to their use. The military department shall develop policies and procedures to ensure that this reimbursement occurs.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,725,000
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,275,000
-------------
Subtotal Reappropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,573,000
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,288,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,861,000
Sec. 929. 1999 c ... (SHB 1165) s 267 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
McNeil Island Corrections Center ((- 200-bed)): Department of social and health services-Special Commitment Center (00-2-005)
The appropriation is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37,100,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 39,600,000
Sec. 930. 1999 c ... (SHB 1165) s 331 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington Wildlife and Recreation Program (98-2-003)
The appropriations in this section for the wildlife and recreation program under chapter 43.98A RCW and RCW 43.98A.040 are subject to the following condition and limitation:
(1) The new appropriations in this section are provided for the approved list of projects included in LEAP capital document No. ((99-1)) 1999-W3, as developed on April ((8)) 23, 1999.
(2) Any funding provided in this section for the Mt. Spokane - Quartz Mountain acquisition by the state parks and recreation commission shall not exceed fair market value as determined by an evaluation of three independent appraisals.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,475,416
Outdoor Recreation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 23,733,311
Habitat Conservation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,872,718
-------------
Subtotal Reappropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 56,081,445
Appropriation:
Outdoor Recreation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 23,000,000
Habitat Conservation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,000,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 48,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 213,018,555
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 190,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 507,100,000
Sec. 931. 1999 c ... (SHB 1165) s 393 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Aquatic Lands Enhancement Grants (00-2-014)
The appropriation in this section is provided for a list of projects in LEAP capital document No. ((99-2)) 1999-A1, as developed on April ((8)) 23, 1999.
The department shall submit a list of recommended projects to be funded from the aquatic lands enhancement account in the 2001-03 capital budget. The list shall result from a competitive grants program developed by the department based upon, at a minimum: A uniform criteria for the selection of projects and awarding of grants for up to fifty percent of the total project cost; local community support for the project; and a state-wide geographic distribution of projects. The list of projects shall be submitted to the office of financial management by September 15, 2000.
Reappropriation:
Aquatic Lands Enhancement Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,340,000
Appropriation:
Aquatic Lands Enhancement Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,800,000))
5,550,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,716,817
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 24,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((41,856,817))
41,606,817
Sec. 932. 1999 c ... (SHB 1165) s 503 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
Boarding Home Fire Safety Program
The appropriation in this section is provided solely for grants for the installation or retrofit of fire sprinklers in ((adult)) licensed boarding homes. The appropriation in this section is subject to the following conditions and limitations:
(1) The state fire marshal in consultation with the department of social and health services may develop rules to implement the grant program.
(2) The amount of the grant for an existing ((adult)) licensed boarding home shall not be greater than the difference between the cost of retrofitting and the cost of installing sprinklers during original construction of a comparable ((adult)) licensed boarding home with fire sprinklers.
(3) To be eligible for a grant under this section, the ((adult group)) boarding home shall be licensed and accredited with the department of social and health services. To be eligible for a grant under this section, at least fifteen percent of the ((adult group)) boarding home's residents must be department of social and health services clients. The ((adult group)) boarding home must maintain the department of social and health services client ratio level for a period of no less than five years. If the department of social and health services client ratio level is not maintained, then the ((adult group)) boarding home shall reimburse the state for the amount of the grant plus appropriate interest.
(4) Any licensed boarding home receiving a grant shall complete the installation of the fire sprinklers by June 30, 2001.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Sec. 933. 1999 c ... (SHB 1165) s 639 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Bothell and Cascadia Community College Phase I (98-2-899)
The reappropriation in this section is subject to the following conditions and limitations:
(1) No money from this reappropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
(2) The reappropriation in this section is subject to the review and allotment procedures under sections 902 through 904 of this act.
(3) The reappropriation in this section is to be combined with the appropriations shown in sections 617, ((639, 768, and 821)) 640, 769, and 823 of this act and shall be managed by the department of general administration to construct a campus to serve at least 2,000 student full-time equivalents with approximately 1,200 for the University of Washington and 800 for Cascadia Community College.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,000,000
Prior Biennia (Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,970,000
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 47,970,000
Sec. 934. 1999 c ... (SHB 1165) s 640 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Bothell and Cascadia Community College Future Phases (98-2-999)
The reappropriation in this section is subject to the following conditions and limitations:
(1) No money from this reappropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
(2) The reappropriation in this section is subject to the review and allotment procedures under sections 902 through 904 of this act.
(3) The reappropriation in this section is to be combined with the appropriations shown in sections 617, ((638, 768, and 821)) 639, 769, and 823 of this act and shall be managed by the department of general administration.
(4) The predesign for phase II to serve at least 2,000 additional University of Washington and community college student full-time equivalents included in this reappropriation shall be conducted in accordance with the predesign manual published by the office of financial management.
(5) Design of phase IIA to serve at least 1,000 total University of Washington and Cascadia Community College student full-time equivalents shall not proceed until the completed predesign requirements in subsection (4) of this section have been reviewed and approved by the office of financial management.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,069,063
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 930,937
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Sec. 935. 1999 c ... (SHB 1165) s 769 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Cascadia Community College: Development (00-2-501)
The appropriation in this section is subject to the following conditions and limitations:
(1) No money from this appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
(2) $7,500,000 of this appropriation is provided solely for equipment and completion of phase I of the colocated campus.
(3) The appropriation in this section is subject to the review and allotment procedures under sections 902 through 904 of this act.
(4) The appropriation in this section is to be combined with the appropriations shown in sections 617, ((638,)) 639, 640, and ((821)) 823 of this act and shall be managed by the department of general administration.
(5) $42,600,000 of this appropriation is provided solely for the completion of construction of phase IIA of the campus. The appropriation represents the total state contribution for all costs including design, construction, and equipping of phase IIA of the campus.
(6) Phase IIA shall accommodate 1,000 additional full-time equivalent students when completed.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,100,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 105,000,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 155,100,000
Sec. 936. 1999 c ... (SHB 1165) s 798 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clover Park Technical College - Transportation Trades: Design (96-2-662)
The appropriations in this section are subject to the review and allotment procedures under sections 902 and 903 of this act.
Reappropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,000
Appropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,200,000))
1,240,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,000
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,230,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,480,000))
17,520,000
Sec. 937. 1999 c ... (SHB 1165) s 817 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline Community College - Classroom/Laboratory Building: Construction (98-2-660)
The appropriations in this section are subject to the review and allotment procedures under sections 902 and 903 of this act.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 310,000
Appropriation:
State Building Construction Account--State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,700,000))
5,900,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 79,717
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,089,717))
6,289,717
Sec. 938. 1999 c ... (SHB 1165) s 821 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Renton Technical College - Technology Resource Center: Design (98-2-674)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
(2) The program scope and project budget for this project shall comply with the approved predesign document on file with the office of financial management.
Reappropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 67,064
Appropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,010,000))
1,045,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 67,936
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,760,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,905,000))
11,940,000
Sec. 939. 1999 c ... (SHB 1165) s 822 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Skagit Valley College Higher Education Center (98-2-675)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
(2) The program scope and project budget for this project shall comply with the approved predesign document on file with the office of financial management.
(3) The project shall be coordinated with Western Washington University in order to incorporate a distance education classroom and additional classroom, lab, and office space for use by the university.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,942
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((660,000))
685,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 32,058
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,175,000
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,885,000))
9,910,000
Sec. 940. 1999 c ... (SHB 1165) s 923 (uncodified) is amended to read as follows:
((The state treasurer shall transfer)) $2,500,000 is appropriated from the state ((convention and trade center account)) building construction account for fiscal year 2000. The appropriation in this section shall be deposited to the Washington housing trust account.
Sec. 941. RCW 43.98A.050 and 1999 c ... (SHB 1165) s 920 are each amended to read as follows:
(1) Moneys appropriated for this chapter to the outdoor recreation account shall be distributed in the following way:
(a) Not less than twenty-five percent to the state parks and recreation commission for the acquisition and development of state parks, with at least seventy-five percent of this money for acquisition costs. However, during the 1999-2001 biennium, distributions for acquisition and development of state parks shall not exceed four million two hundred fifty thousand dollars, and the proportion for acquisition costs shall be determined by the commission;
(b) Not less than twenty-five percent for the acquisition, development, and renovation of local parks, with at least fifty percent of this money for acquisition costs;
(c) Not less than fifteen percent for the acquisition and development of trails;
(d) Not less than ten percent for the acquisition and development of water access sites, with at least seventy-five percent of this money for acquisition costs; and
(e) The remaining amount shall be considered unallocated and shall be distributed by the committee to state and local agencies to fund high priority acquisition and development needs for parks, trails, and water access sites((, except that for the 1999-2001 biennium, unallocated funds may not be distributed to projects in the state parks category)).
(2) In distributing these funds, the committee retains discretion to meet the most pressing needs for state and local parks, trails, and water access sites, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
(3) Only local agencies may apply for acquisition, development, or renovation funds for local parks under subsection (1)(b) of this section.
(4) State and local agencies may apply for funds for trails under subsection (1)(c) of this section.
(5) State and local agencies may apply for funds for water access sites under subsection (1)(d) of this section.
NEW SECTION. Sec. 942. A new section is added to 1999 c ... (SHB 1165) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Thurston County Office Space Study
The appropriation in this section is subject to the following condition and limitation: The appropriation in this section is provided to conduct an analysis of future state office space needs in Thurston county, by agency, for the next ten years. The department shall consult with state agencies, private developers, and building owners to determine the inventory of space available and planned over the next ten years in government and nongovernment buildings. Planning for state office expansion shall consider the impact on current office space.
Appropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
NEW SECTION. Sec. 943. A new section is added to 1999 c ... (SHB 1165) to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Sand Point Shoreline Restoration
The appropriation in this section is provided to the city of Seattle for shoreline improvements and wetland restoration at Sand Point.
Appropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
NEW SECTION. Sec. 944. A new section is added to 1999 c ... (SHB 1165) to read as follows:
For the purposes of section 905 of this act, "operating revenues" shall include, but not be limited to, any funds of an agency, appropriated or nonappropriated.
NEW SECTION. Sec. 945. A new section is added to 1999 c ... (SHB 1165) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
$6,400,000 of the State Building Construction Account--State is reappropriated for allocation to the University of Washington for the following projects:
Old Physics Hall: (Mary Gates Hall) Design and Construction (92-2-008)
Minor Repairs: Preservation (94-1-003)
Minor Works: Utility Infrastructure (96-1-004)
Health Sciences Center D-Wing Dent Student Lab (96-1-016)
Fisheries Science - Oceanography Science Buildings (96-2-006)
Social Work Third Floor Addition (96-2-010)
Southwest Campus Utilities Phase I (96-2-027)
Minor Works: Safety (98-1-001)
Minor Works: Preservation (98-1-004)
Underground Storage Tanks, Motor Pool (98-1-999)
Nuclear Reactor: Decommissioning (99-2-009)
NEW SECTION. Sec. 946. A new section is added to 1999 c ... (SHB 1165) to read as follows:
FOR THE STATE CONVENTION AND TRADE CENTER
Seattle - Convention Center: Replacement housing (00-2-002)
$5,000,000 of the appropriation in this section is provided solely for additional low-income and affordable housing associated with the expansion of the convention center. The housing division of the department of community, trade, and economic development shall select the low-income and affordable housing projects, which shall be distributed throughout King county.
Appropriation:
State Convention and Trade Center
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
NEW SECTION. Sec. 947. A new section is added to 1999 c ... (ESSB 5180) to read as follows:
FOR THE MILITARY DEPARTMENT
General Fund--State Appropriation (FY 2000). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
The appropriation in this section is provided for emergency services readiness centers in Bremerton, Yakima, and Spokane."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued
The President declared the question before the Senate to be the adoption of the amendments by Senators Bauer and Rossi on page 1, line 29, and page 212, after line 11, to the Committee on Ways and Means striking amendment.
The motion by Senator Bauer carried and the amendments to the committee striking amendment were adopted.
The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended under suspension of the rules.
The committee striking amendment, as amended under suspension of the rules, was adopted.
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 214, beginning on line 6 of the title amendment, after "43.98A.070," strike the remainder of the title amendment and insert "43.98A.050, and 43.98A.050; amending 1999 c ... (SHB 1165) ss 112, 139, 144, 148, 162, 267, 331, 393, 503, 639, 640, 769, 798, 817, 821, 822, and 923 (uncodified); adding a new section to chapter 43.83B RCW; adding new sections to 1999 c ... (SHB 1165); adding a new section to 1999 c ... (ESSB 5180); creating new sections; and declaring an emergency."
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1165, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Prentice and Franklin called for the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The motion carried and the call for the previous question carried.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1165, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1165, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Voting nay: Senators Hargrove and Morton - 2. SUBSTITUTE HOUSE BILL NO. 1165, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Snyder, Substitute House Bill No. 1165, as amended by the Senate under suspension of the rules, was immediately transmitted to the House of Representatives.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to Substitute House Bill No. 1392 and again asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Heavey, the Senate receded from the Senate amendment(s) to Substitute House Bill No. 1392.
MOTIONS
On motion of Senator Heavey, the rules were suspended and Substitute House Bill No. 1392 was returned to second reading and read the second time.
On motion of Senator Heavey, the following striking amendment by Senators Heavey, Kline, McCaslin, Costa and Honeyford was adopted:Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.96 RCW to read as follows:
(1) Every person convicted of a misdemeanor or gross misdemeanor offense who has completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense may apply to the sentencing court for a vacation of the applicant's record of conviction for the offense. If the court finds the applicant meets the tests prescribed in subsection (2) of this section, the court may in its discretion clear the record of conviction by: (a)(i) Permitting the applicant to withdraw the applicant's plea of guilty and to enter a plea of not guilty; or (ii) if the applicant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information or indictment against the applicant.
(2) An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense cleared if any one of the following is present: (a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense; (c) the offense was a violation of RCW 46.61.502 (Driving while under the influence), 46.61.504 (Actual physical control while under the influence), or 9.91.020 (Operating a railroad, etc. while intoxicated); (d) the offense was any misdemeanor or gross misdemeanor attempt to commit a sex offense as defined in RCW 9.94A.030; (e) the offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 (Obscenity and pornography) or 9.68A (Sexual exploitation of children) RCW; (f) the applicant has been convicted of a new crime in this state, another state, or federal court since the date the applicant completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense; (g) the offense was a domestic violence offense as defined in RCW 10.99.020, and less than five years have passed since the date the offender successfully completed all terms of his or her sentence, including probation. After the applicable time limit, the court may only grant the motion to vacate a domestic violence conviction if, upon review of the police report, any evidence from the prosecution or the defense, a statement from the victim, and a review of the defendant's behavior since the commission of the crime, the court finds that the defendant is no longer a danger to the public and has been rehabilitated; or (h) less than five years have passed since the date the applicant completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense.
(3) Once the court vacates a record of conviction under subsection (1) of this section, the person shall be released from all penalties and disabilities resulting from the offense, except that the fact that the person had been convicted of the offense may be used in any subsequent criminal prosecution consistent with any other legal use and may be included in the person's criminal history for purposes of determining a sentence in any subsequent conviction. For all other purposes, including responding to questions on employment applications, a person whose conviction has been vacated may state that the person has never been convicted of that crime.
(4) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made that the person making the motion is indigent at the time the motion is brought.
(5) Any conviction that is vacated under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order vacating the conviction to the Washington state patrol. The Washington state patrol shall transmit the order vacating the conviction to the federal bureau of investigation.
(6) No person may seek or be granted a vacation of record of conviction for an offense committed after the date upon which the person received a vacation of record of conviction for any other offense.
Sec. 2. RCW 9.94A.230 and 1987 c 486 s 7 are each amended to read as follows:
(1) Every offender who has been discharged under RCW 9.94A.220 may apply to the sentencing court for a vacation of the offender's record of conviction. If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may in its discretion clear the record of conviction by: (a)(i) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (((b))) (ii) if the offender has been convicted after a plea of not guilty, ((by)) the court setting aside the verdict of guilty; and (((c) by)) (b) the court dismissing the information or indictment against the offender.
(2) An offender may not have the record of conviction cleared if any one of the following is present: (a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a class C felony domestic violence offense as defined in RCW 10.99.020, and less than five years have passed since the date the applicant was discharged under RCW 9.94A.220 or the offense was a class B felony domestic violence offense as defined in RCW 10.99.020, and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.220. After the applicable time limit, the court may only grant the motion to vacate a domestic violence conviction if, upon review of the police report, any evidence from the prosecution or the defense, a statement from the victim, and a review of the defendant's behavior since the commission of the crime, the court finds that the defendant is no longer a danger to the public and has been rehabilitated and the offense is not otherwise excluded by (b) or (d) of this subsection; (d) the offense was a crime against persons as defined in RCW 43.43.830; (((d))) (e) the offender has been convicted of a new crime in this state, another state, or federal court since the date of the offender's discharge under RCW 9.94A.220; (((e))) (f) the offense is a class B felony and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.220; ((and (f))) or (g) the offense was a class C felony and less than five years have passed since the date the applicant was discharged under RCW 9.94A.220.
(3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, ((including responding to questions on employment applications,)) an offender whose conviction has been vacated may state that the offender has never been convicted of that crime, including responses to questions when making application for employment. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.
(4) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made that the person making the motion is indigent at the time the motion is brought.
(5) Any conviction that is vacated under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order vacating the conviction to the Washington state patrol. The Washington state patrol shall transmit the order vacating the conviction to the federal bureau of investigation.
(6) No person may seek or be granted a vacation of record of conviction for an offense committed after the date upon which the person received a vacation of record of conviction for any other offense.
Sec. 3. RCW 9.95.240 and 1957 c 227 s 7 are each amended to read as follows:
(1) Every defendant who has fulfilled the conditions of his of her probation for the entire period thereof, or who ((shall have)) has been discharged from probation prior to the termination of the period thereof, may ((at any time prior to the expiration of the maximum period of punishment for the offense for which he has been convicted be permitted in the discretion of the court to withdraw his plea of guilty and enter a plea of not guilty, or if he has been convicted after a plea of not guilty, the court may in its discretion set aside the verdict of guilty; and in either case, the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. The probationer shall be informed of this right in his probation papers: PROVIDED, That in any subsequent prosecution, for any other offense, such prior conviction may be pleaded and proved, and shall have the same effect as if probation had not been granted, or the information or indictment dismissed)) apply to the sentencing court for a vacation of the defendant's record of conviction. If the court finds the defendant meets the tests prescribed in subsection (2) of this section, the court may in its discretion clear the record of conviction by: (a)(i) Permitting the defendant to withdraw the defendant's plea of guilty and to enter a plea of not guilty; or (ii) if the defendant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information or indictment against the defendant.
(2) An offender may not have the record of conviction cleared if: (a) There are any criminal charges against the defendant pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a felony crime against persons as defined in RCW 43.43.830; (d) the defendant has been convicted of a new crime in this state, another state, or federal court since the date the defendant successfully completed probation; (e) the offense is a class B felony and less than ten years have passed since the date the defendant successfully completed probation; (f) the offense was a class C felony and less than five years have passed since the date the defendant successfully completed probation; (g) the offense was a misdemeanor or gross misdemeanor and less than five years have passed since the date the defendant successfully completed probation; or (h) the offense was a misdemeanor or gross misdemeanor and operated to interrupt the washout of a class B felony under RCW 9.94A.360 and less than ten years have passed since the date of the conviction for the misdemeanor or gross misdemeanor.
(3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime, including responses to questions when making application for employment. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal case.
(4) No person may seek or be granted a vacation of record of conviction for an offense committed after the date upon which the person received a vacation of record of conviction for any other offense.
(5) Any conviction that is vacated under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order vacating the conviction to the Washington state patrol. The Washington state patrol shall transmit the order vacating the conviction to the federal bureau of investigation.
(6) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made that the person making the motion is indigent at the time the motion is brought.
Sec. 4. RCW 13.50.050 and 1997 c 338 s 40 are each amended to read as follows:
(1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (((11))) (12) of this section.
(3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
(5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
(7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
(8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
(9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
(10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (((22))) (23) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
(11) The court has the discretion to grant the motion to seal records made pursuant to subsection (10) of this section if it finds that for class B offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition:
(a) The person has spent five consecutive years in the community without committing another offense or crime that results in conviction in this state, another state, or federal court;
(b) There are no criminal charges against the person pending in any court of this state, another state, or federal court;
(c) Through credible evidence presented to the court that the person has a present career path that is impeded by the record of the courts order and findings;
(d) That the person is twenty-one years of age or older; and
(e) The person has lived an exemplary life since the court's order and findings.
(12) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:
(a) For class B offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent ten consecutive years in the community without committing any offense or crime that subsequently results in conviction. For class C offenses, gross misdemeanors, and misdemeanors, other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction;
(b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
(c) No proceeding is pending seeking the formation of a diversion agreement with that person;
(d) The person has not been convicted of a class A or sex offense; and
(e) Full restitution has been paid.
(((12))) (13) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
(((13))) (14) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (((22))) (23) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Any record that is sealed under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order sealing the record to the Washington state patrol. The Washington state patrol shall transmit the order sealing the record to the federal bureau of investigation.
(((14))) (15) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (((22))) (23) of this section.
(((15))) (16) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW.
(((16))) (17) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (((22))) (23) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.
(((17))) (18) If the court grants the motion to destroy records made pursuant to subsection (((16))) (17) of this section, it shall, subject to subsection (((22))) (23) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
(((18))) (19) The person making the motion pursuant to subsection (((16))) (17) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
(((19))) (20) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
(((20))) (21) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
(((21))) (22) Any juvenile justice or care agency may, subject to the limitations in subsection (((22))) (23) of this section and (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.
(b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
(((22))) (23) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
(((23))) (24) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.
(25) All costs incurred by the court and probation services shall be paid by the person making the motion to seal the record under subsection (10) of this section unless a determination is made that the person making the motion is indigent at the time the motion is brought."
MOTIONS
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 1 of the title, after "conviction;" strike the remainder of the title and insert "amending RCW 9.94A.230, 9.95.240, and 13.50.050; and adding a new section to chapter 9.96 RCW."
On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 1392, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1392, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1392, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 3; Excused, 0.
Voting yea: Senators Bauer, Brown, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 40.
Voting nay: Senators Benton, Roach, Rossi, Stevens, Swecker and Zarelli - 6.
Absent: Senators Costa, Hargrove and McDonald - 3.
SUBSTITUTE HOUSE BILL NO. 1392, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5967 with the following amendment(s):
On page 2, after line 23, insert the following:
“Sec. 3. 1999 c ... (ESSB 5180) s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ ((451,758,000))
452,044,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((476,187,000))
476,761,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((1,000,701,000))
1,001,629,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 4,274,000
Health Services Account--State Appropriation. . . . . . . . . .$ 2,104,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((1,935,024,000))
1,936,812,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire health services account appropriation, $2,118,000 of the general fund--federal appropriation, $923,000 of the general fund--state appropriation for fiscal year 2000, and $958,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for health care benefits for home care workers who are employed through state contracts for at least twenty hours per week. Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.
(2) $1,640,000 of the general fund--state appropriation for fiscal year 2000 and $1,640,000 of the general fund--state appropriation for fiscal year 2001, plus the associated vendor rate increase for each year, are provided solely for operation of the volunteer chore services program.
(3) For purposes of implementing Engrossed Second Substitute House Bill No. 1484 (nursing home payment rates), the weighted average nursing facility payment rate for fiscal year 2000 shall be no more than $10.36 for the capital portion of the rate and no more than $108.20 for the noncapital portion of the rate. For fiscal year ((2000)) 2001, the weighted average nursing facility payment rate shall be no more than $10.57 for the capital portion of the rate and no more than $110.91 for the noncapital portion of the rate. These rates include vendor rate increases, but exclude nurse's aide training.
(4) ((If Engrossed Second Substitute House Bill No. 1484 is not enacted by June 30, 1999, for purposes of implementing chapter 322, Laws of 1998 (nursing home payment rates), the weighted average nursing home payment rate shall be no more than $118.39 for fiscal year 2000 and no more than $120.36 for fiscal year 2001, including vendor rate increases but excluding nurse's aide training. The appropriations in this section include $69,173,000 for fiscal year 2000 and $68,123,000 for fiscal year 2001 for the department of social and health services to include a property component, a financing allowance component, and a variable return component in the rate it pays to nursing facilities. By July 1, 1999, the department shall adopt rules on an emergency basis pursuant to RCW 34.05.350 under which each nursing facility contractor shall continue to be paid the property, the financing allowance, and the variable return rate which it was paid on June 30, 1999. Each nursing facility contractor's June 30, 1999, variable return rate shall be increased by 1 percent effective July 1, 1999. Each nursing facility contractor's June 30, 2000 variable return rate shall be increased by 1 percent effective July 1, 2000. With respect to a nursing facility which enters the medicaid program for the first time on or after July 1, 1999, the department shall pay the lesser of (a) the property, the financing allowance, and the variable return rate for which the facility would qualify under chapter 388-96 WAC; or (b) the state-wide average rate for each of those rate components, weighted by medicaid patient days. With respect to a nursing facility which makes a capitalized addition or replacement which requires a certificate of need and which is approved by the department of health on or after July 1, 1999, the department shall pay the lesser of (a) the property, the financing allowance, and the variable return rate for which the facility would qualify under chapter 388-96 WAC; or (b) the state-wide average rate for each of those rate components, weighted by medicaid patient days.))In addition to the rates set forth in subsection (3), $286,000 of the general fund--state appropriation for fiscal year 2000, $574,000 of the general fund--state appropriation for fiscal year 2001, and $928,000 of the general fund--federal appropriation are provided solely for supplemental rate adjustments for certain nursing facilities. In accordance with RCW 74.46.431, the department shall use these funds to apply an additional economic trends and conditions adjustment factor to the rate of any facility whose total rate allocation would otherwise be less than its April 1, 1999, total rate, adjusted for case-mix changes. This supplemental adjustment factor shall be the percentage by which the facility's April 1, 1999, rate would otherwise exceed the rate calculated in accordance with chapter 74.46 RCW and sub-section (3) of this section, except that (a) no adjustment shall be provided for any amounts by which a facility's rate is lower due to a reduction in its facility-average medicaid case-mix score; and (b) the adjustment factor shall be reduced proportionately for all facilities by the percentage by which total supplemental payments would otherwise exceed the funds provided for such payments in this sub-section.
(5) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for payments to any nursing facility licensed under chapter 18.51 RCW which meets all of the following criteria: (a) The nursing home entered into an arm's length agreement for a facility lease prior to January 1, 1980; (b) the lessee purchased the leased nursing home after January 1, 1980; and (c) the lessor defaulted on its loan or mortgage for the assets of the home after January 1, 1991, and prior to January 1, 1992. Payments provided pursuant to this subsection shall not be subject to the settlement, audit, or rate-setting requirements contained in chapter 74.46 RCW.
(6) $6,264,000 of the general fund--state appropriation for fiscal year 2000, $13,860,000 of the general fund--state appropriation for fiscal year 2001, and $21,795,000 of the general fund--federal appropriation are provided solely to increase compensation for individual and for agency home care providers. Payments to individual home care providers are to be increased from $6.18 per hour to $6.68 per hour on July 1, 1999, and to $7.18 per hour on July 1, 2000. Payments to agency providers are to increase to $11.97 per hour on July 1, 1999, and to $12.62 per hour on July 1, 2000. All but 14 cents per hour of the July 1, 1999, increase to agency providers, and all but 15 cents per hour of the additional July 1, 2000, increase is to be used to increase wages for direct care workers. The appropriations in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the increase.
(7) $200,000 of the general fund--state appropriation for fiscal year 2000, $80,000 of the general fund--state appropriation for fiscal year 2001, and $280,000 of the general fund--federal appropriation are provided solely for enhancement and integration of existing management information systems to (a) provide data at the local office level on service utilization, costs, and recipient characteristics; and (b) reduce the staff time devoted to data entry.
(8) The department of social and health services shall provide access and choice to consumers of adult day health services for the purposes of nursing services, physical therapy, occupational therapy, and psychosocial therapy. Adult day health services shall not be considered a duplication of services for persons receiving care in long-term care settings licensed under chapter 18.20, 72.36, or 70.128 RCW.
(9) $1,452,000 of the general fund--state appropriation for fiscal year 2000, $1,528,000 of the general fund--state appropriation for fiscal year 2001, and $2,980,000 of the general fund--federal appropriation are provided solely for implementation of Second Substitute House Bill No. 1546 (in-home care services). If Second Substitute House Bill No. 1546 is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.”, and the same are herewith transmitted
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Loveland, the Senate concurred in the House amendment to Substitute Senate Bill No. 5967.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5967, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5967, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Absent: Senators Costa, Hargrove and McDonald - 3.
SUBSTITUTE SENATE BILL NO. 5967, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 20, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to Engrossed House Bill No. 1773 and asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Heavey, the Senate receded from the Senate amendment(s) to Engrossed House Bill No. 1773.
MOTIONS
On motion of Senator Heavey, the rules were suspended and Engrossed House Bill No. 1773 was returned to second reading and read the second time.
Senator Heavey moved that the following striking amendment by Senators Heavey, Brown and McCaslin be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.09.240 and 1996 c 177 s 1 are each amended to read as follows:
(1) A person other than a parent, if the person is related to a child through consanguinity, marriage, or adoption, may petition the court for visitation with ((a)) the child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. ((A)) The person ((other than a parent)) may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter.
(2) ((A)) The petition for visitation ((with a child by a person other than a parent)) must be filed in the county in which the child resides.
(3) ((A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If the petition or motion is dismissed for failure to establish the existence of a significant relationship, the petitioner or intervenor shall be ordered to pay reasonable attorney's fees and costs to the parent, parents, other custodian, or representative of the child who responds to this petition or motion.
(4))) The court may order visitation between the petitioner or intervenor and the child ((between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child's best interests.
(5)(a) Visitation with a grandparent shall be presumed to be in the child's best interests when a significant relationship has been shown to exist. This presumption may be rebutted by a preponderance of evidence showing that visitation would endanger the child's physical, mental, or emotional health.
(b) If the court finds that reasonable visitation by a grandparent would be in the child's best interest except for hostilities that exist between the grandparent and one or both of the parents or person with whom the child lives, the court may set the matter for mediation under RCW 26.09.015.
(6))) if the petitioner or intervenor has demonstrated by clear, cogent, and convincing evidence that:
(a) A significant relationship exists with the child with whom visitation is sought;
(b) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and
(c) Visitation is in the child's best interests.
If the petition or motion is dismissed, the petitioner or intervenor shall be ordered to pay reasonable attorneys' fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition or motion.
(4) The court may consider the following factors when making a determination of the child's best interests:
(a) The strength of the relationship between the child and the petitioner or intervenor;
(b) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner or intervenor;
(c) The nature and reason for either parent's objection to granting the petitioner or intervenor visitation;
(d) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;
(e) The residential time-sharing arrangements between the parents;
(f) The good faith of the petitioner or intervenor;
(g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner or intervenor; and
(h) Any other factor relevant to the child's best interest.
(((7))) (5) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is related to the child through consanguinity, marriage, or adoption. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.
(((8))) (6) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.
(((9))) (7) Visitation granted ((pursuant to)) under this section shall be incorporated into the parenting plan for the child.
(((10))) (8) The court may modify or terminate an order granting visitation ((rights granted pursuant to)) under this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child.
Sec. 2. RCW 26.10.160 and 1996 c 303 s 2 are each amended to read as follows:
(1) A parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of this section.
(2)(a) Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or (iv) the parent has been convicted as an adult of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the offenses listed in (a)(iv)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (a)(iv)(A) through (H) of this subsection.
This subsection (2)(a) shall not apply when (c) or (d) of this subsection applies.
(b) The parent's visitation with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the offenses listed in (b)(iii)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection.
This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies.
(c) If a parent has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.
(d) There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection poses a present danger to a child. Unless the parent rebuts this presumption, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter:
(i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the offenses listed in (d)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i) through (vii) of this subsection.
(e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when that parent exercises visitation in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence:
(i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the offenses listed in (e)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i) through (vii) of this subsection.
(f) The presumption established in (d) of this subsection may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, and (B) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or
(ii) If the child was the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child.
(g) The presumption established in (e) of this subsection may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent residing with the convicted or adjudicated person is appropriate and that parent is able to protect the child in the presence of the convicted or adjudicated person, and (B) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or
(ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the parent residing with the convicted or adjudicated person in the presence of the convicted or adjudicated person is in the child's best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes contact between the parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child.
(h) If the court finds that the parent has met the burden of rebutting the presumption under (f) of this subsection, the court may allow a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection to have visitation with the child supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
(i) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who has been adjudicated as a juvenile of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the person adjudicated as a juvenile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
(j) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who, as an adult, has been convicted of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the convicted person supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
(k) A court shall not order unsupervised contact between the offending parent and a child of the offending parent who was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised visitation has occurred for at least two years with no further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of visitation between the parent and the child, and after consideration of evidence of the offending parent's compliance with community supervision requirements, if any. If the offending parent was not ordered by a court to participate in treatment for sex offenders, then the parent shall obtain a psychosexual evaluation conducted by a state-certified sex offender treatment provider indicating that the offender has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child.
(l) A court may order unsupervised contact between the parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised visitation has occurred for at least two years during which time the adjudicated juvenile has had no further arrests, adjudications, or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds that unsupervised contact between the child and the parent that may occur in the presence of the adjudicated juvenile is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treatment of child sexual abuse victims who has supervised at least one period of visitation between the parent and the child in the presence of the adjudicated juvenile, and after consideration of evidence of the adjudicated juvenile's compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a state-certified sex offender treatment provider indicating that the adjudicated juvenile has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur in the presence of the adjudicated juvenile who is residing with the parent.
(m)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting visitation. If the court expressly finds based on the evidence that limitations on visitation with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting visitation, the court shall restrain the person seeking visitation from all contact with the child.
(ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child in the offender's presence if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.
(iii) If the court limits visitation under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.
(n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection, or if the court expressly finds that the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply.
(3)(a) Any person who is related to a child through consanguinity, marriage, or adoption may petition the court for visitation ((rights)) with the child at any time including, but not limited to, custody proceedings. The court may order visitation ((rights for any person when visitation may serve the best interest of the child)) between the petitioner and the child whether or not there has been any change of circumstances if the petitioner has demonstrated by clear, cogent, and convincing evidence that:
(i) A significant relationship exists with the child with whom visitation is sought;
(ii) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and
(iii) Visitation is in the child's best interests.
If the petition is dismissed, the petitioner shall be ordered to pay reasonable attorneys' fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition.
(((4))) (b) The court may consider the following factors when making a determination of the child's best interests:
(i) The strength of the relationship between the child and the petitioner;
(ii) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner;
(iii) The nature and reason for either parent's objection to granting the petitioner visitation;
(iv) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;
(v) The residential time-sharing arrangements between the parents;
(vi) The good faith of the petitioner;
(vii) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and
(viii) Any other factor relevant to the child's best interest.
(c) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is related to the child through consanguinity, marriage, or adoption. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.
(4) Visitation granted under this section shall be incorporated into the parenting plan for the child.
(5) The court may modify or terminate an order granting ((or denying)) visitation rights whenever modification or termination would serve the best interests of the child. Modification of a parent's visitation rights shall be subject to the requirements of subsection (2) of this section.
(((5))) (6) For the purposes of this section, a parent's child means that parent's natural child, adopted child, or stepchild.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTION
Senator Johnson moved that the following amendments by Senators Johnson and Zarelli to the striking amendment by Senators Heavey, Brown and McCaslin be considered simultaneously and be adopted:
On page 2, on line 14, after "intervenor" strike "shall" and insert "may, in the court's discretion pursuant to RCW 26.09.140,"
On page 11, on line 16, after "petitioner" strike "shall" and insert "may, in the court's discretion pursuant to RCW 26.10.080,"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Johnson and Zarelli on page 2, line 14, and page 11, line 16, to the striking amendment by Senators Heavey, Brown and McCaslin to Engrossed House Bill No. 1773.
The motion by Senator Johnson failed and the amendments to the striking amendment were not adopted on a rising vote.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Heavey, Brown and McCaslin to Engrossed House Bill No. 1773.
The motion by Senator Heavey carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 2 of the title, after "custody;" strike the remainder of the title and insert "amending RCW 26.09.240 and 26.10.160; and declaring an emergency."
On motion of Senator Heavey, the rules were suspended, Engrossed House Bill No. 1773, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Prentice and Spanel called for the previous question and the demand was not sustained.
Further debate ensued.
MOTION
On motion of Senator Franklin, Senator Snyder was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1773, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1773, as amended by the Senate under suspension of the rules, and the bill failed to pass the Senate by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Costa, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Horn, Jacobsen, Kline, Long, McAuliffe, McCaslin, Prentice, Rasmussen, Sheahan, Sheldon, T., Spanel, Thibaudeau, Winsley and Wojahn - 22.
Voting nay: Senators Benton, Brown, Deccio, Eide, Fairley, Finkbeiner, Hale, Hargrove, Hochstatter, Honeyford, Johnson, Kohl-Welles, Loveland, McDonald, Morton, Oke, Patterson, Roach, Rossi, Sellar, Sheldon, B., Shin, Stevens, Swecker, West and Zarelli - 26.
Excused: Senator Snyder - 1.
ENGROSSED HOUSE BILL NO. 1773, as amended by the Senate under suspension of the rules, having failed to receive the constitutional majority, was declared lost.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5968 with the following amendment(s):
On page 1, after line 17, insert the following:
"Sec. 2. 1999 c ... (ESSB 5180) s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 722,863,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 784,657,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((2,345,803,000))
2,401,804,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 261,534,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . . . . . . . . . .$ 9,200,000
Health Services Account--State Appropriation. . . . . . . . . .$ ((339,535,000))
391,582,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((4,463,592,000))
4,571,641,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall continue to make use of the special eligibility category created for children through age 18 and in households with incomes below 200 percent of the federal poverty level made eligible for medicaid as of July 1, 1994.
(2) It is the intent of the legislature that Harborview medical center continue to be an economically viable component of the health care system and that the state's financial interest in Harborview medical center be recognized.
(3) Funding is provided in this section for the adult dental program for Title XIX categorically eligible and medically needy persons and to provide foot care services by podiatric physicians and surgeons.
(4) $1,647,000 of the general fund--state appropriation for fiscal year 2000 and $1,672,000 of the general fund--state appropriation for fiscal year 2001 are provided for treatment of low-income kidney dialysis patients.
(5) $80,000 of the general fund--state appropriation for fiscal year 2000, $80,000 of the general fund--state appropriation for fiscal year 2001, and $160,000 of the general fund--federal appropriation are provided solely for the prenatal triage clearinghouse to provide access and outreach to reduce infant mortality.
(6) The department shall adopt a new formula for distributing funds under the low-income disproportionate share hospital (LI-DSH) program. Under this new formula, (a) the state's Level 1 trauma center shall continue to receive the same amount of LI-DSH payments as in fiscal year 1999; and (b) ((in addition to other factors, the amount of a hospital's LI-DSH payment shall be inversely related to its net operating income as a percentage of total expenditures, such that more profitable hospitals receive a relatively smaller payment under the program)) a net profitability factor shall be included with other factors to determine LI-DSH payments. The net profitability factor shall inversely relate hospital percent net operating income to payment under the program.
(7) The department shall report to the fiscal committees of the legislature by September 15, 1999, and again by December 15, 1999, on (a) actions it has taken and proposes to take to increase the share of medicare part B premium payments upon which it is collecting medicaid matching funds; (b) the percentage of such premium payments for each month of service subsequent to June 1998 which have been paid with unmatched, state-only funds; and (c) why matching funds could not be collected on those payments.
(8) The department shall report to the fiscal committees of the legislature by December 1, 1999, and again by October 1, 2000, on the amount which has been recovered from third-party payers as a result of its efforts to improve coordination of benefits on behalf of "basic health plan-plus" enrollees.
(9) The department shall report to the health care and fiscal committees of the legislature by December 1, 1999, on options for controlling the growth in medicaid prescription drug expenditures through strategies such as but not limited to volume purchasing, selective contracting, supplemental drug discounts, and improved care coordination for high utilizers.
(10) $3,992,000 of the health services account appropriation and $7,651,000 of the general fund--federal appropriation are provided solely for health insurance coverage for children with family incomes between 200 percent and 250 percent of the federal poverty level, as provided in Substitute Senate Bill No. 5416 (children's health insurance program). If the bill is not enacted by June 30, 1999, these amounts shall lapse.
(11) $191,000 of the general fund--state appropriation for fiscal year 2000 and $391,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for implementation of Substitute Senate Bill No. 5587 (patient bill of rights). If the bill is not enacted by June 30, 1999, these amounts shall lapse.
(12) Upon approval from the federal health care financing administration, the department shall implement the section 1115 family planning waiver to provide family planning services to persons with family incomes at or below two hundred percent of the federal poverty level.
(13) Except in the case of rural hospitals and Harborview medical center, weighted average payments ((rates)) under the ratio-of-cost-to-charges hospital payment system shall increase by no more than ((4.7)) 175 percent ((per year)) of the DRI HCFA hospital reimbursement market basket index.
(14) From the funds appropriated in this section, the department shall provide chiropractic services for persons qualifying for medical assistance services under chapter 74.09 RCW.
(15) In accordance with Substitute Senate Bill No. 5968, $25,978,000 of the health services account appropriation for fiscal year 2000, $26,069,000 of the health services account appropriation for fiscal year 2001, and $56,002,000 of the general fund--federal appropriation, or so much thereof as may be expended without exceeding the medicare upper payment limit, are provided solely for supplemental payments to nursing homes operated by rural public hospital districts. Such payments shall be distributed among the participating rural public hospital districts proportional to the number of days of medicaid-funded nursing home care provided by each district during the preceding calendar year, relative to the total number of such days of care provided by all participating rural public hospital districts. Prior to making any supplemental payments, the department shall first obtain federal approval for such payments under the medicaid state plan. The payments shall further be conditioned upon (a) a contractual commitment by the association of public hospital districts and participating rural public hospital districts to make an intergovernmental transfer to the state treasurer, for deposit into the health services account, equal to at least 82 percent of the supplemental payment amount; and (b) a contractual commitment by the participating districts to not allow expenditures covered by the supplemental payments to be used for medicaid nursing home rate-setting."
Correct the title., and the same are herewith transmitted
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Loveland, the Senate concurred in the House amendment to Substitute Senate Bill No. 5968.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5968, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5968, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Absent: Senator Horn - 1.
SUBSTITUTE SENATE BILL NO. 5968, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 9:29 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 10:00 p.m.
The Senate was called to order at 10:00 p.m. by President Owen.
MOTION
At 10:00 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 10:20 p.m.
The Senate was called to order at 11:23 p.m. by President Owen.
MESSAGES FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE SENATE BILL NO. 5277,
SENATE BILL NO. 5374,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5825,
SUBSTITUTE SENATE BILL NO. 5864, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
ENGROSSED HOUSE BILL NO. 1007,
HOUSE BILL NO. 1192,
HOUSE BILL NO. 1378,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1484,
SUBSTITUTE HOUSE BILL NO. 1747,
HOUSE BILL NO. 2259, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
HOUSE BILL NO. 1539,
HOUSE BILL NO. 1810,
HOUSE CONCURRENT RESOLUTION NO. 4410, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 1007,
HOUSE BILL NO. 1192,
HOUSE BILL NO. 1378,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1484,
SUBSTITUTE HOUSE BILL NO. 1747,
HOUSE BILL NO. 2259.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1539,
HOUSE BILL NO. 1810.
MESSAGE FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5255 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.220.020 and 1994 c 264 s 32 are each amended to read as follows:
The Washington conservation corps is hereby created, to be implemented by the following state departments: The employment security department, the department of ecology, the department of fish and wildlife, the department of natural resources, ((the department of agriculture,)) and the state parks and recreation commission.
Sec. 2. RCW 43.220.030 and 1987 c 367 s 1 are each amended to read as follows:
Program goals of the Washington conservation corps include:
(1) Conservation, rehabilitation, and enhancement of the state's natural, historic, environmental, and recreational resources with emphasis given to projects which address the following state-wide priorities:
(a) Timber, fish and wildlife management plan;
(b) Watershed management plan;
(c) ((1989 centennial celebration and)) Eco-tourism and heritage tourism;
(d) ((Puget Sound)) State-wide water quality;
(e) United States-Canada fisheries treaty;
(f) Public access to and environmental education about stewardship of natural resources ((through recreational facilities)) on state lands;
(g) Recreational trails;
(h) Salmon recovery and volunteer initiatives;
(2) Development of the state's youth resources through meaningful work experiences;
(3) Making outdoor and historic resources of the state available for public enjoyment;
(4) Teaching of the workings of natural, environmental, and biological systems, as well as basic employment skills;
(5) Assisting agencies in carrying out statutory assignments with limited funding resources; and
(6) Providing needed public services in both urban and rural settings with emphasis in a distressed area or areas.
Sec. 3. RCW 43.220.040 and 1987 c 367 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Public lands" means any lands or waters, or interests therein, owned or administered by any agency or instrumentality of the state, federal, or local government.
(2) "Corps" means the Washington conservation corps.
(3) "Corps member" means an individual enrolled in the Washington conservation corps.
(4) "Corps member leaders" or "specialists" means members of the corps who serve in leadership or training capacities or who provide specialized services other than or in addition to the types of work and services that are performed by the corps members in general.
(5) "Council" means the Washington conservation corps coordinating council.
(6) "Crew supervisor" means temporary, project, or permanent state employees who supervise corps members and coordinate work project design and completion.
(7) "Distressed area" has the meaning as defined in RCW 43.168.020.
Sec. 4. RCW 43.220.060 and 1987 c 505 s 44 are each amended to read as follows:
(1) Each state department identified in RCW 43.220.020 shall have the following powers and duties to carry out its functions relative to the Washington conservation corps:
(a) Recruiting and employing staff ((and)), corps members, corps member leaders, and specialists;
(b) ((Adopting criteria for the selection of applicants to the program from among the enrollees of the youth employment exchange program;
(c))) Executing agreements for furnishing the services of the ((employment conservation program)) corps to carry out conservation corps programs to any federal, state, or local public agency, any local organization as specified in this chapter in concern with the overall objectives of the conservation corps;
(((d))) (c) Applying for and accepting grants or contributions of funds from any private source;
(((e))) (d) Determining a preference for those projects which will provide long-term benefits to the public, will provide productive training and work experiences to the members involved, will be labor-intensive, may result in payments to the state for services performed, and can be promptly completed; and
(((f))) (e) Entering into agreements with community colleges within the state's community and technical college system and other educational institutions or independent nonprofit agencies to provide special education in basic skills, including reading, writing, and mathematics for those conservation corps members who may benefit by participation in such classes. Classes shall be scheduled after corps working hours. Participation by members is not mandatory but shall be strongly encouraged. The participation shall be a primary factor in determining whether the opportunity for corps membership beyond one year shall be offered. Instruction related to the specific role of the department in resource conservation shall also be offered, either in a classroom setting or as is otherwise appropriate.
(2) The assignment of corps members shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Supervising agencies that participate in the program may not terminate, lay-off, or reduce the working hours of any employee for the purpose of using a corps member with available funds. In circumstances where substantial efficiencies or a public purpose may result, supervising agencies may use corps members to carry out essential agency work or contractual functions without displacing current employees.
(3) Facilities, supplies, instruments, and tools of the supervising agency shall be made available for use by the conservation corps to the extent that such use does not conflict with the normal duties of the agency. The agency may purchase, rent, or otherwise acquire other necessary tools, facilities, supplies, and instruments.
Sec. 5. RCW 43.220.070 and 1995 c 399 s 112 are each amended to read as follows:
(1) Conservation corps members shall be unemployed residents of the state between eighteen and twenty-five years of age at the time of enrollment who are citizens or lawful permanent residents of the United States. The age requirements may be waived for corps leaders and specialists with special leadership or occupational skills; such members shall be given special responsibility for providing leadership, character development, and sense of community responsibility to the corps members, groups, and work crews to which they are assigned. The upper age requirement may be waived for residents who have a sensory or mental handicap. Special effort shall be made to recruit minority and disadvantaged youth who meet selection criteria of the conservation corps. Preference shall be given to youths residing in areas, both urban and rural, in which there exists substantial unemployment exceeding the state average unemployment rate.
(2) The legislature finds that people with developmental disabilities would benefit from experiencing a meaningful work experience, and learning the value of labor and of membership in a productive society.
The legislature urges state agencies that are participating in the Washington conservation corps program to consider for enrollment in the program people who have developmental disabilities, as defined in RCW 71A.10.020.
If an agency chooses to enroll people with developmental disabilities in its Washington conservation corps program, the agency may apply to the United States department of labor, employment standards administration for a special subminimum wage certificate in order to be allowed to pay enrollees with developmental disabilities according to their individual levels of productivity.
(3) Corps members shall not be considered state employees. Other provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans, and vacation leave do not apply to the Washington conservation corps except for the crew ((leaders)) supervisors, who shall be project employees, and the administrative and supervisory personnel.
(4) Enrollment shall be for a period of six months which may be extended for ((an)) additional ((six months)) six-month periods by mutual agreement of the corps and the corps member, not to exceed two years. Corps members shall be reimbursed at the minimum wage rate established by state or federal law, whichever is higher, which may be increased by up to five percent for each additional six-month period worked: PROVIDED, That if agencies elect to run a residential program, the appropriate costs for room and board shall be deducted from the corps member's paycheck as provided in chapter 43.220 RCW.
(5) Corps members are to be available at all times for emergency response services coordinated through the department of community, trade, and economic development or other public agency. Duties may include sandbagging and flood cleanup, search and rescue, and other functions in response to emergencies.
Sec. 6. RCW 43.220.120 and 1994 c 264 s 34 are each amended to read as follows:
(1) There is established a conservation corps within the department of fish and wildlife.
(2) Specific work project areas of the ((game)) fish and wildlife conservation corps may include the following:
(a) Habitat development;
(b) Land clearing;
(c) Construction projects;
(d) Noxious weed control;
(e) Brush cutting;
(f) Reader board construction;
(g) Painting;
(h) Cleaning and repair of rearing ponds;
(i) Fishtrap construction;
(j) Brush clearance;
(k) Spawning channel restoration;
(l) Log removal;
(m) Nest box maintenance and cleaning;
(n) Fence building;
(o) Winter game feeding and herding;
(p) Stream rehabilitation;
(q) Fish hatchery operation and maintenance;
(r) Fish tagging; and
(s) Such other projects as the director of fish and wildlife may determine. If appropriate facilities are available, the director of fish and wildlife may authorize carrying out projects which involve overnight stays.
NEW SECTION. Sec. 7. A new section is added to chapter 43.220 RCW to read as follows:
(1) An amount not to exceed five percent of the funds available for the Washington conservation corps may be expended on agency administrative costs. Agency administrative costs are indirect expenses such as personnel, payroll, contract administration, fiscal services, and other overhead costs.
(2) An amount not to exceed twenty percent of the funds available for the Washington conservation corps may be expended for costs included in subsection (1) of this section and program support costs. Program support costs include, but are not limited to, program planning, development of reports, job and career training, uniforms and equipment, and standard office space and utilities. Program support costs do not include direct scheduling and supervision of corps members.
(3) A minimum of eighty percent of the funds available for the Washington conservation corps shall be expended for corps member salaries and benefits and for direct supervision of corps members.
NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) RCW 43.220.050 (Coordination by youth employment exchange--Powers and duties) and 1983 1st ex.s. c 40 s 5;
(2) RCW 43.220.220 (Use of funds for enrollees and members from distressed areas--Youth employment exchange--Evaluation of projects--Training plan) and 1985 c 230 s 2;
(3) RCW 43.220.240 (Staff support--Administration) and 1985 c 230 s 4;
(4) RCW 43.131.383 (Conservation corps--Termination) and 1993 c 516 s 13;
(5) RCW 43.131.384 (Conservation corps--Repeal) and 1993 c 516 s 14;
(6) RCW 43.220.150 (Conservation corps established in department of agriculture--Work project areas) and 1983 1st ex.s. c 40 s 15; and
(7) RCW 43.220.230 (Limitation on use of funds) and 1990 c 71 s 3 & 1985 c 230 s 3.
NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title., and the same are herewith transmitted
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate concurred in the House amendment to Senate Bill No. 5255.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5255, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5255, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
SENATE BILL NO. 5255, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1166, by House Committee on Capital Budget (originally sponsored by Representatives Murray, Mitchell, Hankins and O'Brien) (by request of Governor Locke)
Issuing general obligation bonds.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1166 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1166.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1166 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Voting nay: Senators Hargrove and Morton - 2. SUBSTITUTE HOUSE BILL NO. 1166, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Bauer, Substitute House Bill No. 1166 was immediately transmitted to the House of Representatives.
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4410, by Representatives Mitchell, Murray, Esser, Edmonds, Alexander, Lambert, Stensen and Bush
Creating a commission on legislative building renovation.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, House Concurrent Resolution No. 4410 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Concurrent Resolution No. 4410.
ROLL CALL
The Secretary called the roll on the final passage of House Concurrent Resolution No. 4410 and the concurrent resolution was adopted by the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
HOUSE CONCURRENT RESOLUTION NO. 4410, having received the constitutional majority, was declared passed.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8411, by Senators Kline and Heavey
Establishing a joint task force on equal access to justice.
The concurrent resolution was read the second time.
MOTION
Senator Kline moves that the rules be suspended and Senate Concurrent Resolution No. 8411 be advanced to third reading, the second reading considered the third and the concurrent resolution be placed on final passage.
Senator Johnson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Kline to suspend the rules and advance House Concurrent Resolution No. 8411 to third reading and final passage.
ROLL CALL
The Secretary called the roll and the motion by Senator Kline to suspend the rules and advance Senate Concurrent Resolution No. 8411 to third reading and final passage carried by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29. Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 20.
MOTION
Senator Roach moved that Second Engrossed House Bill No. 2073 be made a special order of business at 11:59 p.m.
POINT OF ORDER
Senator Betti Sheldon: “Thank you, Mr. President, I raise a point of order that this bill is outside the cutoff resolution--House Concurrent Resolution No. 4404, as amended by Senate Concurrent Resolution No. 8410.”
REPLY BY THE PRESIDENT
President Owen: “Senator Sheldon's point is well taken.”
PARLIAMENTARY INQUIRY
Senator Deccio: “A parliamentary inquiry, Mr. President. Is this the official time clock that we are using?”
REPLY BY THE PRESIDENT
President Owen: “The official time clock is in front of me .”
Senator Deccio: “Can I inquire as to what time it is right now?”
President Owen: “It is twenty-three hundred hours, fifty-eight minutes, and twenty-nine seconds, thirty seconds, thirty-one seconds--.”Senator Deccio: “I think Senator Roach said 11:59. Are we passed that point?”
President Owen: “No, we have not, but it is irrelevant. The motion was out of order.”
Senator Deccio: “Thank you.”
MOTION
Senator Finkbeiner moved that Senate Concurrent Resolution No. 8411 be referred to the Committee on Judiciary.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Snyder: “A point of parliamentary inquiry, please. It is now after midnight and I want to inquire whether House and Senate Concurrent Resolutions are still alive?”
REPLY BY THE PRESIDENT
President Owen: “Senator Snyder, the President believes that on previous rulings by both Lieutenant Governor Cherberg and Lieutenant Governor Pritchard that we are still within the one hundred-fifth day and we may complete the business that we were on.”
Senator Finkbeiner demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Finkbeiner to refer Senate Concurrent Resolution No. 8411 to the Committee on Judiciary.
ROLL CALL
The Secretary called the roll and the motion by Senator Finkbeiner to refer Senate Concurrent Resolution No. 8411 to the Committee on Judiciary failed by the following vote: Yeas, 20; Nays, 29; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 20.
Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29.
The President declared the question before the Senate to be the roll call on the final passage of Senate Concurrent Resolution No. 8411.
ROLL CALL
The Secretary called the roll on the final passage of Senate Concurrent Resolution No. 8411 and the concurrent resolution was adopted by the Senate by the following vote: 32; Nays, 16; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Stevens, Swecker and Zarelli - 16.
Absent: Senator Hochstatter - 1.
SENATE CONCURRENT RESOLUTION NO. 8411, having received the constitutional majority, was declared passed.
APPOINTMENT OF INTERIM COMMITTEES
JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE: Senators Bauer, Gardner, Horn, Loveland, Oke, Stevens, West and Wojahn
COMMITTEE ON ENERGY AND UTILITIES: Senators Brown, Hochstatter, Jacobsen and Rossi
LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE: Senators Fraser, Horn, Kohl-Welles and Winsley
*LEGISLATIVE TRANSPORTATION COMMITTEE: Senators Benton, Horn, Morton, Oke and Sellar
EDITOR'S NOTE: The Democratic Caucus did not make appointments to the Legislative Transportation Committee at this time.
MOTION
On motion of Senator Betti Sheldon, the interim committee appointments were confirmed.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8413 by Senators Snyder and McDonald
Returning bills to their house of origin.
SCR 8414 by Senators Snyder and McDonald
Notifying the Governor the legislature will adjourn SINE DIE.
SCR 8415 by Senators Snyder and McDonald
Adjourning SINE DIE.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended and Senate Concurrent Resolution No. 8413, Senate Concurrent Resolution No. 8414 and Senate Concurrent Resolution No. 8415 were advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8413, by Senators Snyder and McDonald
Returning bills to their house of origin.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8413 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
SENATE CONCURRENT RESOLUTION NO. 8413 was adopted by voice vote.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8414, by Senators Snyder and McDonald
Notifying the Governor the legislature will adjourn SINE DIE.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8414 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
SENATE CONCURRENT RESOLUTION NO. 8414 was adopted by voice vote.
APPOINTMENT OF SPECIAL COMMITTEE TO NOTIFY
THE GOVERNOR OF ADJOURNMENT SINE DIE
Under the provisions of Senate Concurrent Resolution No. 8414, the President appointed Senators Spanel, Loveland, McDonald and
Deccio to join a like committee from the House to notify the Governor that the Legislature is about to adjourn SINE DIE.
MOTION
On motion of Senator Betti Sheldon, the committee appointments were confirmed.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8415, by Senators Snyder and McDonald
Adjourning SINE DIE.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8415 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
SENATE CONCURRENT RESOLUTION NO. 8415 was adopted by voice vote.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eight order of business.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 1999-8685
By Senators Snyder and McDonald
BE IT RESOLVED, By the Senate, That a committee consisting of four members of the Senate be appointed to notify the House that the Legislature is about to adjourn SINE DIE.
APPOINTMENT OF SPECIAL COMMITTEE TO NOTIFY
HOUSE OF ADJOURNMENT SINE DIE
Under the provisions of Senate Resolution 1999-8685, the President appointed Senators Costa, Eide, Sheahan and Zarelli to notify the House that the Senate is ready to adjourn SINE DIE.
MOTION
On motion of Senator Betti Sheldon, the committee appointments were confirmed.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 1999-8684
By Senators Snyder and McDonald
WHEREAS, The 1999 Regular Session of the Fifty-sixth Legislature is drawing to a close; and
WHEREAS, It is necessary to provide for the completion of the work of the Senate after its adjournment and during the interim period between the close of the 1999 Regular Session of the Fifty-sixth Legislature and the convening of the next regular session;
NOW, THEREFORE, BE IT RESOLVED, That the Senate Facilities and Operations Committee shall have full authority and direction over the authorization and execution of any personal services contracts or subcontracts that necessitate the expenditure of Senate appropriations; and
BE IT FURTHER RESOLVED, That the Senate Facilities and Operations Committee may, as they deem appropriate, authorize out-of-state travel for which members and staff may receive therefor their actual necessary expenses, and such per diem as may be authorized by law, to be paid upon receipt of their vouchers out of funds appropriated for legislative expenses; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate and the Senate Facilities and Operations Committee be, and they hereby are, authorized to retain such employees as they may deem necessary and that said employees be allowed such rate of pay therefor as the Secretary of the Senate and the Senate Facilities and Operations Committee shall deem proper; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and he hereby is, authorized and directed to make out and execute the necessary vouchers upon which warrants for legislative expenses and expenditures shall be drawn from funds provided therefor; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate and the Facilities and Operations Committee be, and they hereby are, authorized to approve written requests by standing committees to meet during the interim period; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and hereby is, authorized and directed to have printed copies of the Senate Journal of the 1999 Regular Session of the Fifty-sixth Legislature; and
BE IT FURTHER RESOLVED, That the Rules Committee is authorized to assign subject matters to standing committees for study during the interims, and the Majority Leader is authorized to create special committees as may be necessary to carry out the functions of the Senate in an orderly manner and appoint members thereto with the approval of the Facilities and Operations Committee; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate is authorized to express the sympathy of the Senate by sending flowers or memorials in the event of a bereavement in a legislator's family; and
BE IT FURTHER RESOLVED, That such use of the Senate facilities is permitted upon such terms as the Secretary of the Senate shall deem proper.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5011,
SUBSTITUTE SENATE BILL NO. 5298, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5416, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5485, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5693, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House has receded from its amendment(s) to SUBSTITUTE SENATE JOINT RESOLUTION NO. 8208, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5011,
SUBSTITUTE SENATE BILL NO. 5298,
SUBSTITUTE SENATE BILL NO. 5416,
ENGROSSED SENATE BILL NO. 5485,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5693,
SUBSTITUTE SENATE JOINT RESOLUTION NO. 8208.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5967,
SUBSTITUTE SENATE BILL NO. 5968.
COMMITTEE FROM HOUSE NOTIFYING
THE SENATE OF ADJOURNMENT SINE DIE
The Sergeant at Arms announced the arrival of the committee from the House consisting of Representatives Ericksen, Miloscia, Pflug and Veloria. The committee appeared before the bar of the Senate to notify the Senate that the House is about to adjourn SINE DIE.
The report was received and the committee returned to the House of Representatives.
MESSAGES FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1493,
HOUSE BILL NO. 1757,
SUBSTITUTE HOUSE BILL NO. 1774, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1037,
SUBSTITUTE HOUSE BILL NO. 1240,
SUBSTITUTE HOUSE BILL NO. 1282,
SUBSTITUTE HOUSE BILL NO. 1448,
SECOND SUBSTITUTE HOUSE BILL NO. 1681,
HOUSE BILL NO. 1833,
SUBSTITUTE HOUSE BILL NO. 2005,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2260, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1014 and passed the bill as amended by the Senate.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1165 and passed the bill as amended by the Senate.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to HOUSE BILL NO. 2201 and passed the bill as amended by the Senate.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
` The Co-Speakers have signed:
SUBSTITUTE SENATE BILL NO. 5416,
SUBSTITUTE SENATE BILL NO. 5967,
SUBSTITUTE SENATE BILL NO. 5968, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1493,
HOUSE BILL NO. 1757,
SUBSTITUTE HOUSE BILL NO. 1774.
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1037,
SUBSTITUTE HOUSE BILL NO. 1240,
SUBSTITUTE HOUSE BILL NO. 1282,
SUBSTITUTE HOUSE BILL NO. 1448,
SECOND SUBSTITUTE HOUSE BILL NO. 1681,
HOUSE BILL NO. 1833,
SUBSTITUTE HOUSE BILL NO. 2005,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2260.
REPORT OF SPECIAL COMMITTEE APPOINTED TO NOTIFY
HOUSE OF ADJOURNMENT SINE DIE
The Sergeant at Arms announced the arrival of the special committee, composed of Senators Costa, Eide, Sheahan and Zarelli, who were appointed under the provisions of Senate Resolution 1999-8685. The committee reported they had notified the House that the Senate is ready to adjourn SINE DIE.
The report was received and the committee was discharged.
MESSAGES FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
ENGROSSED HOUSE BILL NO. 1014,
HOUSE CONCURRENT RESOLUTION NO. 4410, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed SUBSTITUTE HOUSE BILL NO. 1165, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed SUBSTITUTE HOUSE BILL NO. 1166, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed HOUSE BILL NO. 2201, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5729, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 5180.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5255,
SUBSTITUTE SENATE BILL NO. 5729.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 1014,
SUBSTITUTE HOUSE BILL NO. 1165,
SUBSTITUTE HOUSE BILL NO. 1166,
HOUSE BILL NO. 2201,
HOUSE CONCURRENT RESOLUTION NO. 4410.
REPORT OF SPECIAL COMMITTEE APPOINTED TO NOTIFY
THE GOVERNOR OF ADJOURNMENT SINE DIE
The Sergeant at Arms announced the arrival of the special committee, composed of Senators Loveland, Spanel, Deccio and McDonald, who were appointed under the provisions of Senate Concurrent Resolution No. 8414. The committee reported they joined with a like committee from the House of Representatives and notified the Governor that the Legislature is about to adjourn SINE DIE.
The report was received and the committee was discharged.
MESSAGES FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5180,
SENATE BILL NO. 5255,
SUBSTITUTE SENATE BILL NO. 5729, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MR. PRESIDENT: April 25, 1999
The House has adopted:
SENATE CONCURRENT RESOLUTION NO. 8413,
SENATE CONCURRENT RESOLUTION NO. 8414,
SENATE CONCURRENT RESOLUTION NO. 8415, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President has signed:
SENATE CONCURRENT RESOLUTION NO. 8413,
SENATE CONCURRENT RESOLUTION NO. 8414,
SENATE CONCURRENT RESOLUTION NO. 8415.
MOTION
Under the provisions of Senate Concurrent Resolution No. 8413, on motion of Senator Betti Sheldon, the following House Bills were returned to the House of Representatives:
HOUSE BILL NO. 1019,
HOUSE BILL NO. 1021,
HOUSE BILL NO. 1022,
HOUSE BILL NO. 1025,
HOUSE BILL NO. 1031,
SUBSTITUTE HOUSE BILL NO. 1046,
HOUSE BILL NO. 1051,
SUBSTITUTE HOUSE BILL NO. 1054,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1059,
SUBSTITUTE HOUSE BILL NO. 1061,
HOUSE BILL NO. 1070,
SUBSTITUTE HOUSE BILL NO. 1072,
SUBSTITUTE HOUSE BILL NO. 1074,
SUBSTITUTE HOUSE BILL NO. 1078,
ENGROSSED HOUSE BILL NO. 1085,
HOUSE BILL NO. 1095,
HOUSE BILL NO. 1096,
ENGROSSED HOUSE BILL NO. 1097,
HOUSE BILL NO. 1098,
HOUSE BILL NO. 1138,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1147,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1156,
HOUSE BILL NO. 1159,
HOUSE BILL NO. 1164,
HOUSE BILL NO. 1170,
SUBSTITUTE HOUSE BILL NO. 1171,
SUBSTITUTE HOUSE BILL NO. 1177,
SUBSTITUTE HOUSE BILL NO. 1178,
SECOND SUBSTITUTE HOUSE BILL NO. 1184,
HOUSE BILL NO. 1188,
HOUSE BILL NO. 1198,
HOUSE BILL NO. 1200,
ENGROSSED HOUSE BILL NO. 1202,
HOUSE BILL NO. 1203,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1210,
SUBSTITUTE HOUSE BILL NO. 1234,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1252,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1274,
SUBSTITUTE HOUSE BILL NO. 1285,
HOUSE BILL NO. 1288,
HOUSE BILL NO. 1293,
HOUSE BILL NO. 1306,
HOUSE BILL NO. 1320,
ENGROSSED HOUSE BILL NO. 1325,
HOUSE BILL NO. 1346,
HOUSE BILL NO. 1352,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1362,
SUBSTITUTE HOUSE BILL NO. 1368,
HOUSE BILL NO. 1369,
HOUSE BILL NO. 1370,
SUBSTITUTE HOUSE BILL NO. 1376,
HOUSE BILL NO. 1377,
SUBSTITUTE HOUSE BILL NO. 1382,
HOUSE BILL NO. 1383,
SUBSTITUTE HOUSE BILL NO. 1391,
HOUSE BILL NO. 1455,
SECOND SUBSTITUTE HOUSE BILL NO. 1462,
SUBSTITUTE HOUSE BILL NO. 1487,
ENGROSSED HOUSE BILL NO. 1513,
SUBSTITUTE HOUSE BILL NO. 1529,
HOUSE BILL NO. 1540,
HOUSE BILL NO. 1555,
SECOND SUBSTITUTE HOUSE BILL NO. 1574,
ENGROSSED HOUSE BILL NO. 1577,
HOUSE BILL NO. 1579,
HOUSE BILL NO. 1585,
SUBSTITUTE HOUSE BILL NO. 1588,
ENGROSSED HOUSE BILL NO. 1613,
HOUSE BILL NO. 1621,
SUBSTITUTE HOUSE BILL NO. 1650,
SECOND SUBSTITUTE HOUSE BILL NO. 1674,
HOUSE BILL NO. 1685,
SECOND SUBSTITUTE HOUSE BILL NO. 1692,
HOUSE BILL NO. 1711,
HOUSE BILL NO. 1715,
ENGROSSED HOUSE BILL NO. 1749,
SUBSTITUTE HOUSE BILL NO. 1755,
SUBSTITUTE HOUSE BILL NO. 1789,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1817,
SECOND SUBSTITUTE HOUSE BILL NO. 1818,
HOUSE BILL NO. 1829,
SUBSTITUTE HOUSE BILL NO. 1862,
HOUSE BILL NO. 1866,
HOUSE BILL NO. 1869,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1884,
SECOND SUBSTITUTE HOUSE BILL NO. 1891,
HOUSE BILL NO. 1923,
SUBSTITUTE HOUSE BILL NO. 1955,
SUBSTITUTE HOUSE BILL NO. 1960,
ENGROSSED HOUSE BILL NO. 1968,
SECOND SUBSTITUTE HOUSE BILL NO. 1987,
SUBSTITUTE HOUSE BILL NO. 1990,
ENGROSSED HOUSE BILL NO. 2073,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2078,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2094,
SECOND SUBSTITUTE HOUSE BILL NO. 2098,
SUBSTITUTE HOUSE BILL NO. 2099,
SECOND SUBSTITUTE HOUSE BILL NO. 2109,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2123,
SUBSTITUTE HOUSE BILL NO. 2177,
SUBSTITUTE HOUSE BILL NO. 2210,
SUBSTITUTE HOUSE BILL NO. 2234,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2238,
HOUSE BILL NO. 2246,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2254,
SUBSTITUTE HOUSE BILL NO. 2263,
SUBSTITUTE HOUSE BILL NO. 2269,
SUBSTITUTE HOUSE BILL NO. 2273,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2284,
HOUSE BILL NO. 2285,
HOUSE JOINT MEMORIAL NO. 4001,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005,
ENGROSSED SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4010.
MESSAGES FROM THE HOUSE
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE SENATE BILL NO. 5011,
SUBSTITUTE SENATE BILL NO. 5298,
SUBSTITUTE SENATE BILL NO. 5485,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5693,
SUBSTITUTE SENATE BILL JOINT RESOLUTION NO. 8208, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 25, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SENATE CONCURRENT RESOLUTION NO. 8413, and the same is herewith transmitted.
SENATE CONCURRENT RESOLUTION NO. 8414,
SENATE CONCURRENT RESOLUTION NO. 8415, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MESSAGE FROM THE HOUSE
Under the provisions of Senate Concurrent Resolution No. 8413, the House herewith returns the following Senate Bills to the Senate:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5000,
SUBSTITUTE SENATE BILL NO. 5001,
ENGROSSED SENATE BILL NO. 5013,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5019,
SENATE BILL NO. 5024,
SUBSTITUTE SENATE BILL NO. 5027,
SUBSTITUTE SENATE BILL NO. 5032,
SENATE BILL NO. 5033,
SENATE BILL NO. 5038,
ENGROSSED SENATE BILL NO. 5044,
SUBSTITUTE SENATE BILL NO. 5049,
SUBSTITUTE SENATE BILL NO. 5050,
SENATE BILL NO. 5053,
SUBSTITUTE SENATE BILL NO. 5059,
SENATE BILL NO. 5060,
SUBSTITUTE SENATE BILL NO. 5061,
SUBSTITUTE SENATE BILL NO. 5065,
SUBSTITUTE SENATE BILL NO. 5066,
SENATE BILL NO. 5071,
SUBSTITUTE SENATE BILL NO. 5074,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5082,
SENATE BILL NO. 5084,
SUBSTITUTE SENATE BILL NO. 5094,
ENGROSSED SENATE BILL NO. 5097,
SUBSTITUTE SENATE BILL NO. 5099,
SENATE BILL NO. 5100,
SUBSTITUTE SENATE BILL NO. 5103,
SENATE BILL NO. 5106,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5111,
SUBSTITUTE SENATE BILL NO. 5112,
SUBSTITUTE SENATE BILL NO. 5113,
SUBSTITUTE SENATE BILL NO. 5115,
SENATE BILL NO. 5117,
SUBSTITUTE SENATE BILL NO. 5121,
SENATE BILL NO. 5124,
SUBSTITUTE SENATE BILL NO. 5148,
SUBSTITUTE SENATE BILL NO. 5149,
SENATE BILL NO. 5152,
SUBSTITUTE SENATE BILL NO. 5160,
ENGROSSED SENATE BILL NO. 5163,
SENATE BILL NO. 5170,
SUBSTITUTE SENATE BILL NO. 5176,
SUBSTITUTE SENATE BILL NO. 5177,
SUBSTITUTE SENATE BILL NO. 5181,
SENATE BILL NO. 5186,
ENGROSSED SENATE BILL NO. 5187,
SENATE BILL NO. 5188,
SUBSTITUTE SENATE BILL NO. 5192,
SENATE BILL NO. 5193,
SUBSTITUTE SENATE BILL NO. 5199,
SENATE BILL NO. 5200,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5205,
SUBSTITUTE SENATE BILL NO. 5212,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5226,
SENATE BILL NO. 5240,
SUBSTITUTE SENATE BILL NO. 5248,
ENGROSSED SENATE BILL NO. 5250,
SENATE BILL NO. 5258,
SUBSTITUTE SENATE BILL NO. 5260,
SUBSTITUTE SENATE BILL NO. 5264,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5268,
SENATE BILL NO. 5270,
SENATE BILL NO. 5275,
SUBSTITUTE SENATE BILL NO. 5280,
SUBSTITUTE SENATE BILL NO. 5283,
SENATE BILL NO. 5284,
SUBSTITUTE SENATE BILL NO. 5285,
SENATE BILL NO. 5291,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5295,
SUBSTITUTE SENATE BILL NO. 5299,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5300,
SUBSTITUTE SENATE BILL NO. 5309,
SUBSTITUTE SENATE BILL NO. 5325,
SUBSTITUTE SENATE BILL NO. 5328,
ENGROSSED SENATE BILL NO. 5330,
SECOND SUBSTITUTE SENATE BILL NO. 5331,
ENGROSSED SENATE BILL NO. 5336,
ENGROSSED SENATE BILL NO. 5337,
SUBSTITUTE SENATE BILL NO. 5340,
SENATE BILL NO. 5341,
SENATE BILL NO. 5343,
ENGROSSED SENATE BILL NO. 5346,
SUBSTITUTE SENATE BILL NO. 5349,
SENATE BILL NO. 5353,
SENATE BILL NO. 5355,
SUBSTITUTE SENATE BILL NO. 5359,
SUBSTITUTE SENATE BILL NO. 5363,
SENATE BILL NO. 5370,
SUBSTITUTE SENATE BILL NO. 5376,
SUBSTITUTE SENATE BILL NO. 5378,
SENATE BILL NO. 5380,
SENATE BILL NO. 5381,
SUBSTITUTE SENATE BILL NO. 5383,
SUBSTITUTE SENATE BILL NO. 5386,
SUBSTITUTE SENATE BILL NO. 5387,
SUBSTITUTE SENATE BILL NO. 5400,
SENATE BILL NO. 5410,
SUBSTITUTE SENATE BILL NO. 5413,
SUBSTITUTE SENATE BILL NO. 5415,
SUBSTITUTE SENATE BILL NO. 5430,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5433,
SENATE BILL NO. 5434,
ENGROSSED SENATE BILL NO. 5437,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5439,
SENATE BILL NO. 5443,
SENATE BILL NO. 5445,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5447,
SUBSTITUTE SENATE BILL NO. 5453,
SENATE BILL NO. 5454,
SENATE BILL NO. 5464,
SUBSTITUTE SENATE BILL NO. 5465,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5470,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5480,
SUBSTITUTE SENATE BILL NO. 5482,
SENATE BILL NO. 5483,
SENATE BILL NO. 5484,
ENGROSSED SENATE BILL NO. 5490,
SUBSTITUTE SENATE BILL NO. 5491,
SUBSTITUTE SENATE BILL NO. 5492,
SENATE BILL NO. 5496,
SENATE BILL NO. 5497,
SUBSTITUTE SENATE BILL NO. 5501,
SENATE BILL NO. 5503,
SUBSTITUTE SENATE BILL NO. 5510,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5512,
SENATE BILL NO. 5514,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5516,
SUBSTITUTE SENATE BILL NO. 5518,
SENATE BILL NO. 5519,
SUBSTITUTE SENATE BILL NO. 5522,
SUBSTITUTE SENATE BILL NO. 5528,
SENATE BILL NO. 5529,
SENATE BILL NO. 5530,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5531,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5533,
SENATE BILL NO. 5538,
SENATE BILL NO. 5542,
SUBSTITUTE SENATE BILL NO. 5547,
SUBSTITUTE SENATE BILL NO. 5549,
SECOND SUBSTITUTE SENATE BILL NO. 5556,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5557,
SENATE BILL NO. 5560,
SUBSTITUTE SENATE BILL NO. 5561,
SENATE BILL NO. 5563,
ENGROSSED SENATE BILL NO. 5568,
SENATE BILL NO. 5570,
SENATE BILL NO. 5575,
SUBSTITUTE SENATE BILL NO. 5578,
SENATE BILL NO. 5579,
ENGROSSED SENATE BILL NO. 5580,
SENATE BILL NO. 5584,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5587,
SUBSTITUTE SENATE BILL NO. 5590,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5593,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595,
SENATE BILL NO. 5597,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5598,
SUBSTITUTE SENATE BILL NO. 5604,
SUBSTITUTE SENATE BILL NO. 5607,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5608,
SUBSTITUTE SENATE BILL NO. 5611,
ENGROSSED SENATE BILL NO. 5613,
SENATE BILL NO. 5617,
SENATE BILL NO. 5624,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5625,
ENGROSSED SENATE BILL NO. 5631,
SUBSTITUTE SENATE BILL NO. 5641,
SUBSTITUTE SENATE BILL NO. 5657,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5659,
ENGROSSED SENATE BILL NO. 5662,
SENATE BILL NO. 5664,
SENATE BILL NO. 5665,
SENATE BILL NO. 5667,
SENATE BILL NO. 5670,
ENGROSSED SENATE BILL NO. 5675,
SUBSTITUTE SENATE BILL NO. 5679,
SECOND SUBSTITUTE SENATE BILL NO. 5681,
SUBSTITUTE SENATE BILL NO. 5683,
SENATE BILL NO. 5684,
SENATE BILL NO. 5703,
SECOND ENGROSSED SENATE BILL NO. 5704,
SUBSTITUTE SENATE BILL NO. 5710,
SUBSTITUTE SENATE BILL NO. 5718,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5730,
SUBSTITUTE SENATE BILL NO. 5733,
SENATE BILL NO. 5739,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5743,
SENATE BILL NO. 5748,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5750,
SENATE BILL NO. 5760,
SUBSTITUTE SENATE BILL NO. 5764,
SUBSTITUTE SENATE BILL NO. 5770,
ENGROSSED SENATE BILL NO. 5779,
SUBSTITUTE SENATE BILL NO. 5792,
SUBSTITUTE SENATE BILL NO. 5793,
SUBSTITUTE SENATE BILL NO. 5797,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5800,
SUBSTITUTE SENATE BILL NO. 5805,
SUBSTITUTE SENATE BILL NO. 5810,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5811,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5812,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5813,
ENGROSSED SENATE BILL NO. 5816,
ENGROSSED SENATE BILL NO. 5819,
SUBSTITUTE SENATE BILL NO. 5822,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5848,
SUBSTITUTE SENATE BILL NO. 5850,
SENATE BILL NO. 5869,
ENGROSSED SENATE BILL NO. 5881,
ENGROSSED SENATE BILL NO. 5886,
SUBSTITUTE SENATE BILL NO. 5893,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5899,
SUBSTITUTE SENATE BILL NO. 5900,
SUBSTITUTE SENATE BILL NO. 5902,
SUBSTITUTE SENATE BILL NO. 5903,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5914,
SENATE BILL NO. 5920,
SUBSTITUTE SENATE BILL NO. 5921,
SUBSTITUTE SENATE BILL NO. 5929,
SUBSTITUTE SENATE BILL NO. 5932,
SUBSTITUTE SENATE BILL NO. 5933,
SENATE BILL NO. 5944,
SENATE BILL NO. 5951,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5955,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5957,
SUBSTITUTE SENATE BILL NO. 5963,
SUBSTITUTE SENATE BILL NO. 5989,
SUBSTITUTE SENATE BILL NO. 6003,
ENGROSSED SENATE BILL NO. 6004,
SUBSTITUTE SENATE BILL NO. 6008,
SENATE BILL NO. 6010,
SUBSTITUTE SENATE BILL NO. 6031,
SUBSTITUTE SENATE BILL NO. 6032,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6035,
SENATE BILL NO. 6037,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6067,
SENATE JOINT MEMORIAL NO. 8000,
SENATE JOINT MEMORIAL NO. 8010,
SUBSTITUTE SENATE JOINT RESOLUTION NO. 8200,
SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8205,
SENATE CONCURRENT RESOLUTION NO. 8402,
ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8408,
SENATE CONCURRENT RESOLUTION NO. 8409,
SENATE CONCURRENT RESOLUTIONS NO. 8410,
SENATE CONCURRENT RESOLUTION NO. 8411, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
PERSONAL PRIVILEGE
Senator Snyder: “Thank you, Mr. President, a point of personal privilege. I just want to say 'thank you' and extend my deep-felt thanks to you for all the kindness and the decorum and the way that you have conducted yourself on the rostrum this year--and to all the crew on the rostrum and crew in the back room. I know how hard they work and how simple it looks to always have the material out here for us, but it is really a big effort. I also want to thank all my colleagues in the Senate. I think we got through without too many knock-down/drag-out fights--maybe we didn't have any at all. It certainly has been a pleasure to serve with all of you. I certainly want to include all the staff in saying 'thanks' to them.
“It is quite a place; it is a great effort. It is very tiring. I think that a couple of weeks off is going to help a lot and I really think, with a lot of cooperation, the accomplishments were quite high this session and we look forward to coming back in a couple of weeks and to being here for a short period of time and finishing the business. I looked up--the last time there was a tie in 1979, they went continuously, even though they had some rolling recesses at the end, but they adjourned SINE DIE on June 1, so I think we are way ahead of where they were back in those days. Again, Mr. President, thank you very, very kindly.”
REPLY BY THE PRESIDENT
President Owen: “Thank you, Senator Snyder. Your remarks are very much appreciated, but the President would like to note that we have an outstanding staff who have done a yeoman's job and yeowoman's job here this year, both in the work room and up front here. I think that the Senate and the Legislature as a whole are blessed with some of the finest working people in the world--that do just an outstanding excellent job for us here. I, too, would like to thank them for the job that they do.”
MOTION
On motion of Senator Betti Sheldon, the Senate Journal for the one hundred-fifth day of the 1999 Regular Session of the Fifty-sixth Legislature was approved.
MOTION
At 12:32 a.m., on motion of Senator Betti Sheldon, the 1999 Regular Session of the Fifty-sixth Legislature adjourned SINE DIE.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate