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FIFTY-NINTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, March 8, 2000

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Costa, Deccio, Finkbeiner, Gardner, Honeyford, Horn, Loveland, McDonald, Patterson and Sellar. On motion of Senator McCaslin, Senators Benton, Deccio, Horn and Sellar were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Erin Murray and Shane Qualls, presented the Colors. Reverend Kathryn Everett, pastor o f the First United Methodist Church in Olympia, 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.


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS


January 1, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Phillip Boshaw, appointed January 1, 2000, for a term ending September 30, 2004, as a member of the Board of Trustees for Lake Washington Technical College District No. 26.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Higher Education.


January 19, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Judith D. Hosea, appointed January 19, 2000, for a term ending September 30, 2004, as a member of the Board of Trustees for Clover Park Technical College District No. 29.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Higher Education.


February 16, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Katherine Kreiter, appointed March 13, 2000, for a term ending January 15, 2003, as a member of the Liquor Control Board.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Commerce, Trade, Housing and Financial Institutions.


MESSAGES FROM THE HOUSE

March 7, 2000

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to HOUSE BILL No. 2686 and passed the bill as amended by the Senate.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


March 7, 2000

MR. PRESIDENT:

      The House receded from its amendment(s) to SENATE BILL No. 5739 and passed the bill without the House amendment(s), and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5001,

      SENATE BILL NO. 5739.


INTRODUCTION AND FIRST READING

 

SB 6863             by Senators Thibaudeau, Costa, Kohl-Welles and Deccio


                           AN ACT Relating to the omnibus credentialing act for counselors, social workers, mental health counselors, and marriage        and family therapists;                   amending RCW 18.19.010, 18.19.020, 18.19.030, 18.19.090, 18.19.040, 18.19.050, 18.19.060, 18.19.070, 18.19.080, 18.19.100, 18.19.140, 18.19.150,        18.19.160, 18.19.170, 18.19.180, 18.19.190, 18.19.900, and 18.130.040; adding new sections to chapter 18.19 RCW; creating a new section; and                 repealing RCW 18.19.110, 18.19.120, and 18.19.130.

 

Referred to Committee on Health and Long-Term Care.


MOTION


      On motion of Senator Eide, the following resolution was adopted:


SENATE RESOLUTION 2000-8755


By Senators Eide, Sheldon, B., Fairley, Kohl-Welles, Franklin, Brown, McAuliffe, Rasmussen, Patterson, Winsley, Loveland, Spanel, Wojahn, Haugen, Prentice, Gardner, Shin, Heavey, Thibaudeau, Kline, Costa and Goings


      WHEREAS, Women of every age, race, ethnicity, religion, sexual orientation, economic status, occupation, and degree of ability or disability have made considerable contributions to the growth and development of our communities, states, country, and nations around the world; and  

      WHEREAS, Women have played a critical role in the social, cultural, and spiritual development of communities around the globe; and

      WHEREAS, Women of all backgrounds have constituted significant portions of the labor force, whether working outside or inside the home, whether paid or as a volunteer, and have played a critical role in the nurturing of our children; and

      WHEREAS, Women have served as leaders of progressive social movements to secure individual rights and freedoms, and continue to lead efforts to eliminate discrimination and violence against all people and to promote equality, security and peace; and

      WHEREAS, Women have been largely unrecognized and undervalued for their historical and contemporary scientific, governmental, athletic, literary, and artistic accomplishments; and

      WHEREAS, Women continue to experience day-to-day discrimination and continue to be victims of violence around the globe; and

      WHEREAS, Washington State has been a champion of womens’ rights and a national leader in promoting progress for women, having been one of the first states to grant suffrage to women, and having the highest proportion of women legislators of any State Legislature in the history of the United States; and

      WHEREAS, 2000 is the ninetieth anniversary of womens’ suffrage in Washington State and the eightieth anniversary of womens’ suffrage in the United States; and

      WHEREAS, The United States of America, as a world leader, recognized the critical role of women in America by establishing March as National Womens’ History Month; and

      WHEREAS, The United Nations has proclaimed March 8 to be International Womens’ Day since 1975; and

      WHEREAS, 2000 is the fifth anniversary of the 1995 World Conference on Women in Beijing which brought together over 47,000 women and men from one hundred eighty-nine countries who unanimously agreed that inequalities between women and men create serious consequences for all people.

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honors and celebrates the women of our state, country, and the world, and recognizes March 8 as International Womens’ Day and that March is National Womens’ History Month.


      Senators Eide, Kohl-Welles and Brown spoke to Senate Resolution 2000-8755.


MOTION


      On motion of Senator Snyder, the following resolution was adopted:


SENATE RESOLUTION 2000-8764


By Senators Snyder, Spanel, Goings, Wojahn, Oke, Hale, Kohl-Welles and Winsley


      WHEREAS, The Boys and Girls Club has been an integral part of building the character of youth and changing young lives since 1860; and

      WHEREAS, there are 2,500 Boys and Girls clubs and three million youth members nationally; and

      WHEREAS, there are fifteen Boys and Girls Club Organizations, and seventy-seven individual Boys and Girls Club locations; and 52,000 youth members in Washington State; and

      WHEREAS, involvement with the Boys and Girls Club gives children advantages that last a lifetime; and

      WHEREAS, in every community, boys and girls are left to find their own recreation and companionship in the streets and many do not have any adult care or supervision.

      WHEREAS, the Boys and Girls Club aims to let young people know that someone cares about them; and

      WHEREAS, the Boys and Girls Clubs of America's national programs have taken members from the Clubhouse to the White House, from the games room to the corporate boardroom, and from the high school orchestra to Carnegie Hall; and

      WHEREAS, the Boys and Girls Clubs of America has a lineup of nationally recognized programs that address today's most pressing youth issues, teaching young people the skills they need to succeed in life.

      NOW, THEREFORE, BE IT RESOLVED, that the Washington State Senate applauds the effort and work of the fifteen Boys and Girls Club organizations in Washington State and the positive programs they provide for our youth; and

      BE IT FURTHER RESOLVED, that the Washington State Senate encourages all alumni to “Come on Home” during Boys and Girls Club week of April 9 - 15, to their club, and help the future generations of kids in our state and nation; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Honorable Gary Locke, Governor of Washington; the Boys and Girls Club of America; and to the Boys and Girls Clubs serving Washington State.


      Senators Snyder, Hale, Thibaudeau and Wojahn spoke to Senate Resolution 2000-8764.


MOTION


      On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9146, Pat Lovett, as a member of the Western State Hospital Advisory Board, was confirmed.


APPOINTMENT OF PAT LOVETT


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 8; Excused, 4.

     Voting yea: Senators Brown, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 37.

     Absent: Senators Bauer, Costa, Finkbeiner, Gardner, Honeyford, Loveland, McDonald and Patterson - 8.

     Excused: Senators Benton, Deccio, Horn and Sellar - 4.

 

MOTION


      On motion of Senator Franklin, Senators Bauer, Gardner, Patterson and Thibaudeau were excused.


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9197, Michael Spearman, as a member of the Sentencing Guidelines Commission, was confirmed.


APPOINTMENT OF MICHAEL SPEARMAN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 2; Excused, 9.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 38.

     Absent: Senators Honeyford and Snyder - 2.

     Excused: Senators Bauer, Benton, Deccio, Gardner, Horn, Loveland, Patterson, Sellar and Thibaudeau - 9.

 

MOTION


      On motion of Senator Eide, Senator Snyder was excused.

 

MOTION


      On motion of Senator Hale, Senator Honeyford was excused.


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9237, James R. Faulstich, as a member of the Higher Education Coordinating Board, was confirmed.


APPOINTMENT OF JAMES R. FAULSTICH


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 40.

     Excused: Senators Bauer, Benton, Deccio, Gardner, Honeyford, Horn, Loveland, Sellar and Snyder - 9.

 

 

PERSONAL PRIVILEGE

 

      Senator Kohl-Welles: “A point of personal privilege, Mr. President. Yesterday when we had the floor resolution honoring President Jane Jervis from The Evergreen State College, I was actually very dismayed that the remarks were limited. I understood why; I understood the President’s Ruling, because it was a resolution honoring President Jervis. However, I thought about it all day and it was very bothersome to me that some members of our body were not allowed to speak. I thought about it very much and this was not in keeping with the tradition of The Evergreen State College and President Jervis herself, who always has been one to stand up for everyone’s ability to express her or his opinion. In fact, that dialogue and debate and a free open expression of different viewpoints is what Evergreen is about and what Jane Jervis, herself as an individual, has always stood for. So, I would like to express my regrets that what happened yesterday happened as it did. I value having every Senator’s expression of opinions be able to be continued. Thank you.”

 

PERSONAL PRIVILEGE


      Senator Hochstatter: “A point of personal privilege, Mr. President. One of the things that I really like about this place and one of the things that really astounded me is to have my opinion changed by things that were said on this floor. I don’t think there is a place on earth where we can push and shove at one another on different issues and put together constituencies that are so nebulous and on the very next issue make up a whole different constituency. I think that these kinds of things that we just passed through make us all tougher and more thankful. I am intensely honored to take my part in this body. Thank you very much.”


MOTION


      On motion of Senator Hochstatter, Senator Oke was excused.


MOTION


      On motion of Senator Brown, Gubernatorial Appointment No. 9257, Steve Kolodney, as Director of the Department of Information Services, was confirmed.


APPOINTMENT OF STEVE KOLODNEY


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.

     Excused: Senators Bauer, Benton, Gardner, Horn, Loveland, Oke, Sellar and Sheldon, B. - 8.

 

MOTION

 

      On motion of Senator Spanel, Gubernatorial Appointment No. 9266, Ruth M. Mahan, as a member of the Interagency Committee for Outdoor Recreation, was confirmed.

 

APPOINTMENT OF RUTH M. MAHAN

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Bauer, Benton, Gardner, Oke and Sellar - 5.

 

MOTION

 

      On motion of Senator Prentice, Gubernatorial Appointment No. 9272, Robert D. McVicars, as a member of the Housing Finance Commission, was confirmed.

 

APPOINTMENT OF ROBERT D. McVICARS

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

     Absent: Senators McAuliffe, Patterson and Snyder - 3.

     Excused: Senators Bauer, Benton, Gardner and Sellar - 4.

 

MOTION


      On motion of Senator Eide, Senator Patterson was excused.





MOTION


      On motion of Senator Prentice, Gubernatorial Appointment No. 9274, Karen Miller, as Chair of the Housing Finance Commission, was confirmed.

      Senators Prentice and Long spoke to the confirmation of Karen Miller as Chair of the Housing Finance Commission.


APPOINTMENT OF KAREN MILLER


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Excused: Senators Benton, Gardner, Patterson and Sellar - 4.


MOTION


      On motion of Senator Honeyford, Senator Rossi was excused.


MOTION


      On motion of Senator Franklin, Gubernatorial Appointment No. 9298, Marilyn Walton, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.


APPOINTMENT OF MARILYN WALTON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Benton, Gardner, Patterson, Rossi and Sellar - 5.


MOTION


      On motion of Senator Hargrove, Gubernatorial Appointment No. 9303, Vickie L. Wallen, as Director Ombudsman, Office of the Family and Children's Ombudsman, was confirmed.

      Senators Hargrove, Long and Zarelli spoke to the confirmation of Vickie L. Wallen as a Director Ombudsman of the Office of the Family and Children's Ombudsman.


APPOINTMENT OF VICKIE L. WALLEN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43.

     Absent: Senators Deccio and West - 2.

     Excused: Senators Benton, Gardner, Rossi and Sellar - 4.


MOTION


      On motion of Senator Goings, the Senate reverted to the fourth order of business.


MOTION


      On motion of Senator Honeyford, Senator West was excused.


MOTION


      On motion of Senator Eide, Senators Fairley and Loveland were excused.


MESSAGE FROM THE HOUSE

March 7, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 2353 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTION


      On motion of Senator Prentice, the Senate receded from its amendment(s) to House Bill No. 2353.



      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2353, without the Senate amendment(s).


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2353, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 37; Nays, 7; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 37.

     Voting nay: Senators Benton, Hargrove, Hochstatter, Long, Snyder, Stevens and Zarelli - 7.

     Excused: Senators Fairley, Loveland, Rossi, Sellar and West - 5.

      HOUSE BILL NO. 2353, 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

March 7, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2491 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


MOTIONS


      On motion of Senator Costa, the Senate receded from its amendment(s) to Substitute House Bill No 2491.

      On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 2491 was returned to second reading and read the second time.


MOTION


      Senator Costa moved that the following striking amendment by Senators Costa, Long and Hargrove be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 10.73 RCW to read as follows:

       (1) On or before December 31, 2002, a person in this state who has been sentenced to death or life imprisonment without possibility of release or parole and who has been denied postconviction DNA testing may submit a request to the county prosecutor in the county where the conviction was obtained for postconviction DNA testing, if DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or DNA testing technology was not sufficiently developed to test the DNA evidence in the case. On and after January 1, 2003, a person must raise the DNA issues at trial or on appeal.

       (2) The prosecutor shall screen the request. The request shall be reviewed based upon the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis. Upon determining that testing should occur and the evidence still exists, the prosecutor shall request DNA testing by the Washington state patrol crime laboratory. Contact with victims shall be handled through victim/witness divisions.

       (3) A person denied a request made pursuant to subsections (1) and (2) of this section has a right to appeal his or her request within thirty days of denial of the request by the prosecutor. The appeal shall be to the attorney general's office. If the attorney general's office determines that it is likely that the DNA testing would demonstrate innocence on a more probable than not basis, then the attorney general's office shall request DNA testing by the Washington state patrol crime laboratory.

       NEW SECTION. Sec. 2. By December 1, 2001, the office of public defense shall prepare a report detailing the following: (1) The number of postconviction DNA test requests approved by the respective prosecutor; (2) the number of postconviction DNA test requests denied by the respective prosecutor and a summary of the basis for the denials; (3) the number of appeals for postconviction DNA testing approved by the attorney general's office; (4) the number of appeals for postconviction DNA testing denied by the attorney general's office and a summary of the basis for the denials; and (5) a summary of the results of the postconviction DNA tests conducted pursuant to section 1 (2) and (3) of this act. The report shall also provide an estimate of the number of persons convicted of crimes where DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or where DNA testing technology was not sufficiently developed to test the DNA evidence in the case.

       Sec. 3. RCW 10.37.050 and 1891 c 28 s 29 are each amended to read as follows:

       The indictment or information is sufficient if it can be understood therefrom--

       (1) That it is entitled in a court having authority to receive (([it.])) it;

       (2) That it was found by a grand jury or prosecuting attorney of the county in which the court was held;

       (3) That the defendant is named, or if his name cannot be discovered, that he is described by a fictitious name or by reference to a unique genetic sequence of deoxyribonucleic acid, with the statement that his real name is ((to the jury)) unknown;

       (4) That the crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein;

       (5) That the crime was committed at some time previous to the finding of the indictment or filing of the information, and within the time limited by law for the commencement of an action therefor;

       (6) That the act or omission charged as the crime is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended;

       (7) The act or omission charged as the crime is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of the case.

       NEW SECTION. Sec. 4. Nothing in this act is intended to create a legal right or cause of action. Nothing in this act is intended to deny or alter any existing legal right or cause of action. Nothing in this act should be interpreted to deny postconviction DNA testing requests under existing law by convicted and incarcerated persons who were sentenced to confinement for a term less than life or the death penalty."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Costa, Long and Hargrove, to Substitute House Bill No. 2491, under suspension of the rules.

      The motion by Senator Costa carried and the striking amendment, under suspension of the rules, was adopted.



MOTIONS


      On motion of Senator Costa, the following title amendment was adopted:

      On page 1, line 1 of the title, after "evidence;" strike the remainder of the title and insert "amending RCW 10.37.050; adding a new section to chapter 10.73 RCW; and creating new sections."

      On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 2491, 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.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2491, 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. 2491, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Finkbeiner - 1.

     Excused: Senators Brown, Fairley, Rossi and Sellar - 4.

      SUBSTITUTE HOUSE BILL NO. 2491, 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

March 7, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2392 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


MOTIONS


      On motion of Senator Patterson, the Senate receded from its amendment(s) to Substitute House Bill No 2392.

      On motion of Senator Patterson, the rules were suspended and Substitute House Bill No. 2392 was returned to second reading and read the second time.


MOTION


      Senator Patterson moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that while government services are provided to the citizens of the state of Washington through many mechanisms, the most prevalent delivery of services occurs through city, county, or state government actions. Increased demand for these services and limited revenue to meet those services have led to unproductive competition between cities, counties, and the state for the revenue that is collected and shared between cities, counties, and the state.

       Therefore, the legislature finds that there is a need to evaluate the delivery of government services, the allotment of revenues, and the collection and distribution of various fines and forfeitures through the establishment of a joint task force on local governments.

       The legislature further finds that rules adopted by state agencies cause local governments to allocate funds to meet those rules that are not fully funded at the state level.

       The legislature further finds that the state must recognize the costs to local governments of rules adopted by state agencies and mitigate the financial impacts of those rules for a significant period to allow local governments to develop strategies to comply with the requirements of Initiative Measure No. 695.

       NEW SECTION. Sec. 2. (1) The joint task force on local governments is created, to consist of seventeen members including:

       (a) The following four members of the house of representatives or their designees: (i) The chair and ranking minority member or the cochairs of the committee on appropriations; and (ii) the chair and ranking minority member or the cochairs of the committee on local government;

       (b) The following four members of the senate or their designees: (i) The chair and the ranking minority member of the committee on ways and means; and (ii) the chair and ranking minority member of the committee on state and local government;

       (c) One member from the office of the governor;

       (d) Four members from the association of Washington cities;

       (e) Two members from the Washington state association of counties; and

       (f) Two members from the Washington association of county officials.

       (2) The nonlegislative members of the task force shall serve without compensation, but will be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members of the task force will be reimbursed for travel expenses as provided in RCW

44.04.120. The staff of senate committee services and the office of program research of the house of representatives shall provide support to the task force.

       (3) The task force must be cochaired by one senator, chosen by the task force, and one state representative, chosen by the task force, from opposite political parties. The cochairs shall appoint experts and advisors as nonvoting members of the task force to provide information on various subjects, including but not limited to special purpose districts and public employee unions. The task force shall establish rules of procedure at its first meeting.

       NEW SECTION. Sec. 3. The joint task force on local governments shall:

       (1) Complete a thorough study of the delivery of government services, allotment of revenues, and collection and distribution of various fines and forfeitures; and

       (2) Commence the study by July 1, 2000, present an interim report of its findings and any recommendations to the legislature by January 30, 2001, and present a final report, including proposed legislation, addressing its recommendations to the legislature by January 1, 2002.

       NEW SECTION. Sec. 4. This act expires March 30, 2002."

      Debate ensued.

      The President declared the question before the Senate to the adoption of the striking amendment by Senator Patterson to Substitute House Bill No. 2392, under suspension of the rules.

      The motion by Senator Patterson carried and the striking amendment, under suspension of the rules, was adopted.



MOTIONS


      On motion of Senator Patterson, the following title amendment was adopted:

       On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

      On motion of Senator Patterson, Substitute House Bill No. 2392, 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.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2392, 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. 2392, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Excused: Senators Brown, Fairley, Rossi and Sellar - 4.

      SUBSTITUTE HOUSE BILL NO. 2392, 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


      At 11:25 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 1:22 p.m. by President Owen.


MOTION


      On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Deccio, Gubernatorial Appointment No. 9199, Cecilia Vogt, as a member of the Parks and Recreation Commission, was confirmed.


APPOINTMENT OF CECILIA VOGT


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 7; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 41.

     Absent: Senators Hargrove, Haugen, Heavey, McAuliffe, Prentice, Sheldon, B. and Thibaudeau - 7.

     Excused: Senator Sellar - 1.


MOTION


      On motion of Senator Franklin, Senators Prentice, Betti Sheldon and Spanel were excused.


MOTION


      On motion of Senator Brown, Gubernatorial Appointment No. 9318, Mark Mays, as a member of the Board of Trustees for Eastern Washington University, was confirmed.


APPOINTMENT OF MARK MAYS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     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, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Excused: Senators Prentice, Sellar, Sheldon, B. and Spanel - 4.

 

MOTION


      On motion of Senator Jacobsen, Gubernatorial Appointment No. 9208, Eliot Scull, as a member of the Parks and Recreation Commission, was confirmed.


APPOINTMENT OF ELIOT SCULL


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     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, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Hargrove - 1.

     Excused: Senators Prentice, Sellar, Sheldon, B. and Spanel - 4.

 

MOTION

 

      On motion of Senator Eide, Senator Hargrove was excused.

 

MOTION

 

      On motion of Senator Jacobsen, Gubernatorial Appointment No. 9211, Gregory Costello, as a member of the Forest Practices Appeals Board, was confirmed.

 

APPOINTMENT OF GREGORY COSTELLO

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     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, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Hargrove, Prentice, Sellar, Sheldon, B. and Spanel - 5.

 

MOTION

 

      On motion of Senator Franklin, Gubernatorial Appointment No. 9321, Lawrence Kenney, as a member of the Board of Directors for the Washington Public Power Supply System, was confirmed.

 

APPOINTMENT OF LAWRENCE KENNEY

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4. 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, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Excused: Senators Prentice, Sellar, Sheldon, B. and Spanel - 4.

 

MOTION

 

      On motion of Senator Brown, Gubernatorial Appointment No. 9323, Margaret Allen, as a member of the Board of Directors for the Washington Public Power Supply System, was confirmed.

 

APPOINTMENT OF MARGARET ALLEN

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     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, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Excused: Senators Prentice, Sellar and Spanel - 3.

 

MOTION

 

      On motion of Senator Goings, the Senate returned to the fourth order of business.

 

MESSAGE FROM THE HOUSE

March 2, 2000

 

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6675 with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature makes the following findings:

       (1) Access to telecommunications facilities and services is essential to the economic well-being of both rural and urban areas.

       (2) Many persons and entities, particularly in rural areas, do not have adequate access to telecommunications facilities and services.

       (3) Public utility districts and rural port districts may be well-positioned to construct and operate telecommunications facilities.

       NEW SECTION. Sec. 2. A new section is added to chapter 54.16 RCW to read as follows:

       The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Commission" means the Washington utilities and transportation commission.

       (2) "Telecommunications" has the same meaning as that contained in RCW 80.04.010.

       (3) "Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by any entity to facilitate the provision of telecommunications services.

       (4) "Wholesale telecommunications services" means the provision of telecommunications services or facilities for resale by an entity authorized to provide telecommunications services to the general public and internet service providers.

       NEW SECTION. Sec. 3. A new section is added to chapter 54.16 RCW to read as follows:

       (1) A public utility district in existence on the effective date of this act may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes:

       (a) For the district's internal telecommunications needs; and

       (b) For the provision of wholesale telecommunications services within the district and by contract with another public utility district.

       Nothing in this subsection shall be construed to authorize public utility districts to provide telecommunications services to end users.

       (2) A public utility district providing wholesale telecommunications services shall ensure that rates, terms, and conditions for such services are not unduly or unreasonably discriminatory or preferential. Rates, terms, and conditions are discriminatory or preferential when a public utility district offering rates, terms, and conditions to an entity for wholesale telecommunications services does not offer substantially similar rates, terms, and conditions to all other entities seeking substantially similar services.

       (3) When a public utility district establishes a separate utility function for the provision of wholesale telecommunications services, it shall account for any and all revenues and expenditures related to its wholesale telecommunications facilities and services separately from revenues and expenditures related to its internal telecommunications operations. Any revenues received from the provision of wholesale telecommunications services must be dedicated to the utility function that includes the provision of wholesale telecommunications services for costs incurred to build and maintain the telecommunications facilities until such time as any bonds or other financing instruments executed after the effective date of this act and used to finance the telecommunications facilities are discharged or retired.

       (4) When a public utility district establishes a separate utility function for the provision of wholesale telecommunications services, all telecommunications services rendered by the separate function to the district for the district's internal telecommunications needs shall be charged at its true and full value. A public utility district may not charge its nontelecommunications operations rates that are preferential or discriminatory compared to those it charges entities purchasing wholesale telecommunications services.

       (5) A public utility district shall not exercise powers of eminent domain to acquire telecommunications facilities or contractual rights held by any other person or entity to telecommunications facilities.

       (6) Except as otherwise specifically provided, a public utility district may exercise any of the powers granted to it under this title and other applicable laws in carrying out the powers authorized under this section. Nothing in this act limits any existing authority of a public utility district under this title.

       NEW SECTION. Sec. 4. A new section is added to chapter 54.16 RCW to read as follows:

       (1) Prior to financing or constructing telecommunications facilities for the provision of wholesale telecommunications services, a public utility district shall:

       (a) Develop a written implementation plan stating the district's intent to provide wholesale telecommunications services which must include:

       (i) A general description of how the district intends to engage in the provision of wholesale telecommunications services under section 3 of this act; and

       (ii) A discussion of how the public interest shall be served by the provision of wholesale telecommunications services; and

       (b) Present the implementation plan to the district's commission, and make the plan available to the general public. The commission shall conduct at least three public hearings throughout the district to take public comment on the implementation plan. At least two weeks prior to each public hearing, a notice that includes a general description of the implementation plan and the date and place of hearing shall be published in a newspaper of general circulation in the county in which the district is located.

       (2) After the public hearings, the commission may adopt, alter, or reject the implementation plan by resolution. Within ninety days after the adoption of such resolution, a petition signed by at least ten percent of the registered voters in the district may be submitted to the commission requiring the subject of the resolution be put to a vote of the people in the district.

       (3) If a petition meets the requirements of subsection (2) of this section, the commission shall submit the resolution to the legislative authority of the county in which the district is located. Upon receipt of the resolution, the legislative authority shall submit a proposal to the voters of the district at the next general election regarding the question of providing wholesale telecommunications services in the district in substantially the following terms:

Shall Public Utility District No. . . . . of . . . . . . . . County be authorized to provide wholesale telecommunications services within the boundaries of the district?

                              Yes . . .

                              No . . .

       Within ten days after such an election, the election board of the county shall canvass the returns, and if at such an election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the authority to provide wholesale telecommunications services.

       (4) A public utility district providing wholesale telecommunications services shall submit a report to the appropriate committees of the legislature by December 1st of the second year of each biennium. The report must include, at a minimum, a description of the following activities:

       (a) All activities relating to the construction, acquisition, operation, marketing, and leasing of telecommunications facilities and wholesale telecommunications services; and

       (b) The number of new locations connected to the telecommunications facilities resulting from the provision of wholesale telecommunications services to enhanced service providers and entities authorized to provide telecommunications services to the general public.

       NEW SECTION. Sec. 5. A new section is added to chapter 54.16 RCW to read as follows:

       (1) A person or entity that has requested wholesale telecommunications services from a public utility district providing wholesale telecommunications services under this chapter may petition the commission under the procedures set forth in RCW 80.04.110 (1) through (3) if it believes the district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential. The person or entity shall provide the public utility district notice of its intent to petition the commission and an opportunity to review within thirty days the rates, terms, and conditions as applied to it prior to submitting its petition. In determining whether a district is providing discriminatory or preferential rates, terms, and conditions, the commission may consider such matters as service quality, cost of service, technical feasibility of connection points on the district's facilities, time of response to service requests, system capacity, and other matters reasonably related to the provision of wholesale telecommunications services. If the commission, after notice and hearing, determines that a public utility district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential, it shall issue a final order finding noncompliance with this section and setting forth the specific areas of apparent noncompliance. An order imposed under this section shall be enforceable in any court of competent jurisdiction.

       (2) The commission may order a public utility district to pay a share of the costs incurred by the commission in connection with adjudicating or enforcing the provisions of this section.

       (3) Without limiting other remedies at law or equity, the commission and prevailing party may also seek injunctive relief to compel compliance with an order.

       (4) Nothing in this section shall be construed to affect the commission's authority and jurisdiction with respect to actions, proceedings, or orders permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).

       NEW SECTION. Sec. 6. A new section is added to chapter 53.08 RCW to read as follows:

       The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Commission" means the Washington utilities and transportation commission.

       (2) "Rural port district" means a port district formed under chapter 53.04 RCW and located in a county with an average population density of fewer than one hundred persons per square mile.

       (3) "Telecommunications" has the same meaning as contained in RCW 80.04.010.

       (4) "Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by any entity to facilitate the provision of telecommunications services.

 

 

       (5) "Wholesale telecommunications services" means the provision of telecommunications services or facilities for resale by an entity authorized to provide telecommunications services to the general public and internet service providers.

       NEW SECTION. Sec. 7. A new section is added to chapter 53.08 RCW to read as follows:

       (1) A rural port district in existence on the effective date of this act may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes:

       (a) For the district's own use; and

       (b) For the provision of wholesale telecommunications services within the district's limits. Nothing in this subsection shall be construed to authorize rural port districts to provide telecommunications services to end users.

       (2) A rural port district providing wholesale telecommunications services under this section shall ensure that rates, terms, and conditions for such services are not unduly or unreasonably discriminatory or preferential. Rates, terms, and conditions are discriminatory or preferential when a rural port district offering such rates, terms, and conditions to an entity for wholesale telecommunications services does not offer substantially similar rates, terms, and conditions to all other entities seeking substantially similar services.

       (3) When a rural port district establishes a separate utility function for the provision of wholesale telecommunications services, it shall account for any and all revenues and expenditures related to its wholesale telecommunications facilities and services separately from revenues and expenditures related to its internal telecommunications operations. Any revenues received from the provision of wholesale telecommunications services must be dedicated to the utility function that includes the provision of wholesale telecommunications services for costs incurred to build and maintain the telecommunications facilities until such time as any bonds or other financing instruments executed after the effective date of this act and used to finance the telecommunications facilities are discharged or retired.

       (4) When a rural port district establishes a separate utility function for the provision of wholesale telecommunications services, all telecommunications services rendered by the separate function to the district for the district's internal telecommunications needs shall be charged at its true and full value. A rural port district may not charge its nontelecommunications operations rates that are preferential or discriminatory compared to those it charges entities purchasing wholesale telecommunications services.

       (5) A rural port district shall not exercise powers of eminent domain to acquire telecommunications facilities or contractual rights held by any other person or entity to telecommunications facilities.

       (6) Except as otherwise specifically provided, a rural port district may exercise any of the powers granted to it under this title and other applicable laws in carrying out the powers authorized under this section. Nothing in this act limits any existing authority of a rural port district under this title.

       NEW SECTION. Sec. 8. A new section is added to chapter 53.08 RCW to read as follows:

       (1) Prior to financing or constructing telecommunications facilities for the provision of wholesale telecommunications services, a rural port district shall:

       (a) Develop a written implementation plan stating the district's intent to provide wholesale telecommunications services which must include:

       (i) A general description of how the district intends to engage in the provision of wholesale telecommunications services under section 7 of this act; and

       (ii) A discussion of how the public interest shall be served by the provision of wholesale telecommunications services; and

       (b) Present the implementation plan to the district's commission, and make the plan available to the general public. The commission shall conduct at least three public hearings throughout the district to take public comment on the implementation plan. At least two weeks prior to each public hearing, a notice that includes a general description of the implementation plan and the date and place of hearing shall be published in a newspaper of general circulation in the county in which the district is located.

       (2) After the public hearings, the commission may adopt, alter, or reject the implementation plan by resolution. Within ninety days after adoption of such resolution, a petition signed by at least ten percent of the registered voters in the district may be submitted to the commission requiring the subject of the resolution be put to a vote of the people in the district.

       (3) If a petition meets the requirements of subsection (2) of this section, the commission shall submit the resolution to the legislative authority of the county in which the district is located. Upon receipt of the resolution, the legislative authority shall submit a proposal to the voters of the district at the next general election regarding the question of providing wholesale telecommunications services in the district in substantially the following terms:

Shall Port District No. . . . . of . . . . . . . . County be authorized to provide wholesale telecommunications services within the boundaries of the district?

Yes . . .

No . . .

       Within ten days after such an election, the election board of the county shall canvass the returns, and if at such an election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the authority to provide wholesale telecommunications services.

       (4) A rural port district providing wholesale telecommunications services shall submit a report to the appropriate committees of the legislature by December 1st of the second year of each biennium. The report must include, at a minimum, a description of the following activities:

       (a) All activities relating to the construction, acquisition, operation, marketing, and leasing of telecommunications facilities and wholesale telecommunications services; and

       (b) The number of new locations connected to the telecommunications facilities resulting from the provision of wholesale telecommunications services to enhanced service providers and entities authorized to provide telecommunications services to the general public.

       NEW SECTION. Sec. 9. A new section is added to chapter 53.08 RCW to read as follows:

       (1) A person or entity that has requested wholesale telecommunications services from a rural port district may petition the commission under the procedures set forth in RCW 80.04.110 (1) through (3) if it believes the district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential. The person or entity shall provide the district notice of its intent to petition the commission and an opportunity to review within thirty days the rates, terms, and conditions as applied to it prior to submitting its petition. In determining whether a district is providing discriminatory or preferential rates, terms, and conditions, the commission may consider such matters as service quality, technical feasibility of connection points on the district's telecommunications facilities, time of response to service requests, system capacity, and other matters reasonably related to the provision of wholesale telecommunications services. If the commission, after notice and hearing, determines that a rural port district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential, it shall issue a final order finding noncompliance with this section and setting forth the specific areas of apparent noncompliance. An order imposed under this section shall be enforceable in any court of competent jurisdiction.

       (2) The commission may order a rural port district to pay a share of the costs incurred by the commission in adjudicating or enforcing this section.

       (3) Without limiting other remedies at law or equity, the commission and prevailing party may also seek injunctive relief to compel compliance with an order.

       (4) Nothing in this section shall be construed to affect the commission's authority and jurisdiction with respect to actions, proceedings, or orders permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).

       NEW SECTION. Sec. 10. A new section is added to chapter 80.01 RCW to read as follows:

       The commission is authorized to perform the duties required by sections 5 and 9 of this act."

       Correct the title., and the same are herewith transmitted.

 

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

 

MOTION

 

      Senator Brown moved that the Senate concur in the House amendment to Substitute Senate Bill No. 6675.

 

 

 

 

POINT OF INQUIRY

 

      Senator Long: “Senator Brown, I see that the House amendment says, ‘Clarification is added that the injunctive relief available through the WUTC remedial procedures are not exclusive remedies.’ What does that mean?”

      Senator Brown: “Thank you, Senator. That is a good question. Included in this bill is a limited amount of authority for the WUTC. If there is some concern about rates being charged that are preferential or discriminatory, an individual having that complaint must first go to their PUD Commission with the complaint. The complaint cannot be resolved at that level. They are allowed to take the complaint further to the WUTC.”

      Senator Long: “Thank you, Senator Brown.”

      Further debate ensued.

 

POINT OF INQUIRY

 

      Senator Snyder: “Senator Brown, Public Utility Districts have historically used telecommunications as part of operating their electrical, water and sewer utilities, and for some time have made excess capacity in and on their facilities available to others for telecommunications purposes. Many PUDs have existing telecommunications projects which they undertook pursuant to authorities recognized at the time these activities were undertaken. Does this bill affect their authority to continue these projects?”

      Senator Brown: “Thank you, Senator Snyder. No, this bill intends to preserve the existing authority of PUDs and ports, which is defined both in current statutes and through a long history of interpretive court decisions. Current law makes very clear that PUDs’ authorities are to be construed broadly. The bill does not limit any current authorities, but clarifies new ones with regard to new wholesale telecommunications services.

      “Neither the procedural requirements nor operational parameters nor UTC oversight in this bill are intended to apply to telecommunications or other services provided pursuant to any existing authority. For example, the authority for the NOA Net project is not dependent on this legislation. Rather, this bill applies only to new wholesale telecommunications services that a PUD or rural port district may provide after the effective date of the act.”

      Further debate ensued.

      The President declared the question before the Senate to be the motion by Senator Brown to concur in the House amendment to Substitute Senate Bill No. 6675.

      The motion by Senator Brown carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 6675.      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6675, as amended by the House

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6675, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

     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, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Voting nay: Senator Long - 1.

     Excused: Senators Prentice and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 6675, 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.

 

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced PUD Commissioners from around the state visiting the state capital today. The guests were seated in the gallery.

 

MOTION

 

      On motion of Senator Betti Sheldon, Senator Loveland was excused.

 

MOTION

 

      On motion of Senator Goings, the Senate advanced to the sixth order of business.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      On motion of Senator Jacobsen, Gubernatorial Appointment No. 9278, Robert L. Parlette, as a member of the Interagency Committee for Outdoor Recreation, was confirmed.

 

 

 

APPOINTMENT OF ROBERT L. PARLETTE

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3. Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senators Kline and Snyder - 2.

     Excused: Senators Loveland, Prentice and Sellar - 3.

 

MOTION

 

      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9212, Jay Reich, as a member of the Board of Trustees for Central Washington University, was confirmed.

 

APPOINTMENT OF JAY REICH

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Kline and Sellar - 2.

 

MOTION

 

      On motion of Senator Goings, the Senate reverted to the first order of business.

 

REPORTS OF STANDING COMMITTEES


March 8, 2000

 

SB 5802             Prime Sponsor, Senator Fairley: Regulating telecommunications contractors and installations. Reported by Committee on Ways and Means

 

      MAJORITY Recommendation: That Second Substitute Senate Bill No. 5802 be substituted therefor and the second substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.

 

      Passed to Committee on Rules for second reading.

 

March 8, 2000

 

SHB 2460          Prime Sponsor, House Committee on Economic Development, Housing and Trade: Addressing economic revitalization. Reported by Committee on Ways and Means

 

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Spanel, Thibaudeau, Winsley and Wojahn.

 

      Passed to Committee on Rules for second reading.

 

March 8, 2000

 

SHB 2850          Prime Sponsor, House Committee on Finance: Modifying the tax treatment of line and uniform supply services. Reported by Committee on Ways and Means

 

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Rossi, B. Sheldon, Spanel, Thibaudeau, Winsley, Wojahn and Zarelli.

 

      Passed to Committee on Rules for second reading.

 

MOTION


      At 2:17 p.m., on motion of Senator Goings, the Senate was declared to be at ease.


      The Senate was called to order at 2:27 p.m. by President Owen.


MOTION


      On motion of Senator Goings, the Senate advanced to the sixth order of business.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9213, Reverend Stephen V. Sundborg, as a member of the Higher Education Facilities Authority, was confirmed.

      Senators Kohl-Welles and Deccio spoke to the confirmation of Reverend Stephen V. Sundborg as a member of the Higher Education Facilities Authority.


APPOINTMENT OF REVEREND STEPHEN V. SUNDBORG


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Absent: Senators Finkbeiner and Stevens - 2.

     Excused: Senator Sellar - 1.

 

MOTION

 

      On motion of Senator Costa, Gubernatorial Appointment No. 9218, Bob Bavasi, as a member of the State Board for Community and Technical Colleges, was confirmed.

      Senators Costa and Shin spoke to the confirmation of Bob Bavasi as a member of the State Board for Community and Technical Colleges.

 

APPOINTMENT OF BOB BAVASI

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Absent: Senators Finkbeiner, Hargrove and McAuliffe - 3.

     Excused: Senator Sellar - 1.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.

 

APPOINTMENT OF COMMITTEE

 

      The President appointed a Committee of Honor composed of Senators Snyder and West to escort Senator Lorraine Wojahn to the rostrum.

 

MOTION

 

      On motion of Senator Snyder, the following resolution was adopted:

 

SENATE RESOLUTION 2000-8766

 

By Senators Snyder, 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, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli

 

      WHEREAS, Lorraine Wojahn has served the Twenty-seventh District faithfully and well for thirty-two years by providing a strong voice in the Legislature for her constituents; and

      WHEREAS, Lorraine Wojahn often spoke loudest for those least able to speak for themselves, especially the poor, the troubled and the disabled; and

      WHEREAS, Her vigorous advocacy in behalf of these groups before her colleagues in the Legislature was a hallmark of her long career in public service; and

      WHEREAS, Senator Wojahn was relentless in her support of issues affecting the lives of women; and

      WHEREAS, Senator Wojahn was instrumental in the passage of the Equal Rights Amendment, as well as bills that allow women to obtain credit on their own and give displaced homemakers and their children a chance to start a new life; and

      WHEREAS, The tragedy of domestic violence was a continuing and abiding concern of Senator Wojahn; and

      WHEREAS, Senator Wojahn championed efforts to curb domestic violence as a member of the Pierce County Commission Against Domestic Violence and was honored by the commission in 1999, with special recognition for her dedication and courage; and

      WHEREAS, Lorraine Wojahn was a pioneer in many ways during her distinguished career in the Legislature, being, among other things, the first woman and non-attorney appointed to the Washington State Judicial Council; and

      WHEREAS, Her attention to budget matters has proved beneficial to the City of Tacoma and residents of the Twenty-seventh District, making it a better place to live and work thanks to the state’s financial support of The Pantages Center for the Performing Arts, the Washington State History Museum and the University of Washington Branch Campus in Tacoma; and

      WHEREAS, Lorraine Wojahn was vigilant in her efforts to protect public health, as evidenced by her sponsorship of the bill that created the Department of Health and her unflagging determination to raise public awareness to the preventable health threats posed by osteoporosis and fetal alcohol syndrome, as well as her efforts to highlight the need for childhood immunizations and mental health parity; and

      WHEREAS, During her tenure as President Pro Tempore, Lorraine Wojahn became the first woman Senator to preside during sine die; and

      WHEREAS, Her cat-like reflexes while presiding at the rostrum earned her the title of “Fastest Gavel in the West” among her colleagues; and

      WHEREAS, Her longtime friend and former Senate colleague Ray Moore summed it up best, when, in his Oral History Moore stated, “There can never be too many Wojahns in any legislative body;” and

      WHEREAS, It was Senator Moore who admiringly bestowed on Lorraine Wojahn the nickname for which she will best be remembered, “The Norse Goddess of Terror”;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington congratulate Lorraine Wojahn on a job well and faithfully done and wish her the best for the remainder of her term in the Senate and in her well deserved retirement; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to Senator Lorraine Wojahn; her son, Mark Wojahn; her daughter-in-law, Sandra Wojahn; and her two grandsons, Rian and Grant Wojahn.

 

      Senators Snyder, Deccio, Thibaudeau, Hargrove, Long, McDonald, McAuliffe, Winsley, Kohl-Welles, Prentice, Hochstatter, Franklin, Jacobsen, Hale, Oke, Rasmussen, Heavey, and Bauer spoke to Senate Resolution 2000-8766.

 

REMARKS BY GOVERNOR GARY LOCKE

 

      Governor Locke: “Thank you, Mr. President, and members of the Senate. It is really an honor to be here. It is really an honor to pay tribute to Senator Wojahn, who has served thirty-two years in this great institution on behalf of the people of the state of Washington. I don’t think any of us can ever claim that we could have had such an impact on the people of the state of Washington.

      “As I heard the resolution and all the issues that you have worked on, a lot of those things are accepted as common-place now in our state of Washington. Yet, they were quite a struggle to even have them considered years and years ago.

      “For any of us to have served that many years--for any of us to have actually touched as many people as you have, would be quite a legacy in and of itself. Just think, Senator Wojahn, you have made it possible for countless of thousands of women, the disabled, the sick, the poor, to reach higher limits which never could have been possible without your work. If any of us could even come close--not even to being one quarter of the woman you are, but even one-tenth of the person that you have been--one-tenth of the accomplishments that you have made, we would all be so very proud.

      “On behalf of the great state of Washington, we just thank you for your dedicated service and we know that you will continue to be a trail blazer. We are blessed by your efforts and look forward to your continuing efforts. Thank you very much.”

 

REMARKS BY SENATOR WOJAHN

 

      Senator Wojahn: “You may wish that I am what Senator Snyder called the--the bulldog with lockjaw, because I couldn’t talk that long.

I want to reminisce with you for a few minutes here and to lay out some hall marks in the legislative history in which I have either been a part or helped to pass. The first one done was in 1970, my second year here, which was the bacon bill. That was the bill that the meat packers reverse the bacon in the package, so that the people could see the lean content rather than all the fat. Everybody laughed at that bill. I put it in 1969, my first year here, and I didn’t get it. I went back the next year and we got it and we changed federal law with that

bill.

      “I had been back to Washington D.C., when I worked for the State AFL/CIO, lobbying for the Wholesome Meat Act and I knew that the Wholesome Meat Act said that there should be no mislabeling of packages, but it was not being enforced. That bill was a little tiny bill--about a one-half pager--and it changed federal law throughout the nation--good.

      “Don Moos, who was the Secretary of Agriculture, came to me when we started session--we gave them a year to do it, that was in 1971 that it was supposed to be in effect. He came to me and said, ‘Would you mind extending that time a little bit by law?’ He said that there were only two meat packers in the country and they can’t keep up with this demand. So, yes, we did that.

      “The next year it was the Equal Rights Amendment to the State’s Constitution, which we did pass and our Attorney General’s aide had to change one hundred thirty-two codes all at once. That was done in the next session. She almost had a nervous breakdown and she didn’t think--she worked and worked and didn’t get through until it was on the ballot and it didn’t look like it would pass, so she had relaxed because she didn’t think she was going to have to continue to work on this. Low and behold, the absentee ballots from Fort Lawton in Seattle, which was a military base, passed the Equal Rights Amendment. It was a Seattle group at Fort Lawton, of all places. So, it did pass and she didn’t have a nervous breakdown but we did get one hundred thirty-two changes to the state code at that point.

      “The next one was the ERA, the federal, which we were one of the last states to ratify. It only had thirty-five states that had never been ratified. I remember it passing here and passing by a two-thirds vote in both houses of the Legislature.

      “Then, the next one in 1974 came in sex in Education. That is when we tied into Title Nine, the federal act, to suggest that academic and sports should open to women, also. That is what the University has been doing the last twenty years adding fields for women.

      “Next was the extension of credit to women. Before that, a woman could not get--didn’t have to be notified if her husband encumbered the estate. He could charge anything or buy anything without her knowledge and he also owned all of her personal property that was acquired after the wedding. So, that got changed really fast.

      “Anyway, I hope I have opened the doors and I want to thank you for this wonderful, wonderful occasion. I will treasure this all of my life and I am sure I have a few more years left. As Pat suggested, I may be down lobbying for my one percent for health.”

 

      The Committee of Honor escorted Senator Wojahn to her seat in the Senate Chamber.

 

      The President requested the Committee of Honor composed of Senators Snyder and West to escort Senator Al Bauer to the rostrum.

 

MOTION

 

      On motion of Senator Snyder, the following resolution was adopted:

 

SENATE RESOLUTION 2000-8763

 

By Senators Snyder, 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, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, and Zarelli

 

      WHEREAS, At the end of the 2000 Legislative Session, the Washington State Senate will bid farewell to a respected colleague and dear friend; and

      WHEREAS, Senator Al Bauer will retire from this body marking a near-thirty-year career of dedicated elected public service, having served in the Legislature since 1971; and

      WHEREAS, In those three decades, Al Bauer has been the Legislature’s most tireless advocate and leader on behalf of public education; and  

      WHEREAS, His belief in its importance began as a child, as the son of German immigrants who instilled in Al a fierce pride and a deep commitment to education; and

      WHEREAS, After dropping out of high school to serve his country in the Navy, he returned from the service after six years to receive his high school diploma, go on to college, and eventually begin his long career as a public school teacher in La Center and Vancouver; and

      WHEREAS, Behind nearly every major piece of legislation that has shaped our system of public education in the last thirty years was Al Bauer. No governor, superintendent of public instruction or legislator has had more influence on the state’s “paramount duty”; and

      WHEREAS, Parents, teachers, and students alike can thank him for leading the charge on key education issues and programs such as: the Learning Assistance Program, smaller class sizes in the early grades, increasing parental involvement, bringing technology to smaller, rural communities, and defining basic education -- to name just a few; and

      WHEREAS, His constituents in Clark County will be forever grateful for the work he has done to bring the Washington State University branch campus, attract new high-tech industries that pay good wages, and advocate tax benefits important to residents of the border county; and

      WHEREAS, Bauer Hall, dedicated in 1988 at Clark College, will forever stand as a tribute to the good Senator from first the Seventeenth and then the Forty-ninth Legislative Districts; and

      WHEREAS, The members of the Senate know that when Al Bauer sets his mind to something or as Al Bauer would say, “when he puts his pick in the ground,” you had better get out of the way, for he is determined, committed, single-minded, and, more often than not, right; and

      WHEREAS, Never known to have burned a bridge, Al Bauer has built his credibility and reputation as a gentleman by his true belief in cooperation and his willingness to step across the aisle to get things done; and

      WHEREAS, He reminds us all why we’re here in the first place: not to win, but to do good; not to gloat over victories, but to share the credit; and

      WHEREAS, His humility, loyalty, integrity, and knowledge of this institution are qualities that will be truly missed upon his retirement; and

      WHEREAS, We thank Al Bauer’s wife of forty-seven years, Pat, and their three children, Sue, Jim and Nancy for sharing their husband and father for the past thirty years with the Washington State Legislature.

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate do hereby recognize and honor the extraordinary public service career of Senator Al Bauer, thank him on behalf of the nearly one million students in our public schools whom he has helped, and wish him the very best in his retirement; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to Senator Al Bauer, a good friend and an outstanding legislator.

 

      Senators Snyder, McCaslin, Deccio, Kohl-Welles, Hargrove and Oke spoke to Senate Resolution 2000-8763.


REMARKS BY GOVERNOR GARY LOCKE

 

      Governor Locke: “Thank you, Mr. President and members of the Senate. It is an equal pleasure to be here to hear the great remarks and the tributes paid to Senator Al Bauer. I think that both Senator Wojahn and Senator Bauer have engendered so many great friends all through the years and that is why we see so many former members of the State Senate here--Senator George Fleming, Senator Rick Bender, Senator Marc Gaspard and a former member of the House of Representatives from the Vancouver area, Denny Heck, now head of TVW.

      “Senator Wojahn has had a great influence on so many people throughout our state, so has Senator Bauer. In the resolution that was read, it mentioned the million children, who are in our public schools today. When you think about the fact that Senator Bauer has worked on education for some thirty years, the number of school age children may not have been a million children strong thirty years ago, but it must be fairly close, because of the kids of the baby-boomers--in fact, just the baby-boomers generation itself. Think of it Senator Bauer, your policies in terms of education, in terms of the Learning Assistance Program, reducing class sizes, emphasis on reading, scholarship programs. You really touched close to thirty million--thirty million--residents--school aged children in the state of Washington. How many of us will ever have that legacy that we can point to--thirty million kids?

 

 

      “I think, as Senator Oke indicated, you have a strong affection, an allegiance to the military of our great state, of our great country. You interrupted your high school career to join the military; then you pursued your education upon your returning from the military. I think that is why you have embraced so many policies that are akin to our version of the GI Bill, always trying to make sure that people can go back to school and finish their education--go on to college. You have first hand knowledge of the benefits of that education and what it does for our society. You just have done so much in a gentlemanly way, in such a soft-spoken way, and for that I appreciate it as a former member of the Legislature and as Governor and as a parent now.

      “I thank you for what you have established in making education a paramount duty of our state. So much of what I am doing now is just trying to build on the foundation that you have established and to continue that legacy that you set forth in motion. Thank you in behalf of all the children and now the adults of our great state of Washington. Thank you very much.”

.

      Senators Rossi, McAuliffe, Shin, Hochstatter, Heavey, Winsley, Haugen, Benton, Franklin, Wojahn and Thibaudeau continued to speak to Senate Resolution 2000-8763.

 

REMARKS BY SENATOR BAUER

 

      Senator Al Bauer: “Thank you. I wonder if I could have an amendment to the resolution. My wife tells me that we have been married forty-seven years instead of forty-six. Thank you Mr. President, Governor, Senators, friends, citizens, family for the opportunity you gave me to serve you here in Olympia for thirty years. I would never have time here this evening, and you wouldn’t allow me, to express all the gratitude I have for staff, for the House of Representatives, the Governor’s office--all the people that we work with, including all those citizens that come here everyday to make the pitch that assist us in doing the right thing for them.

      “Special thanks to my family, my wife. For thirty years--I didn’t realize it until just recently that I had been gone thirty years--almost a half a year for all those thirty years away from home. In addition to that, at one time we had a little cattle ranch over in Eastern Washington, and when I left here, I would saddle up and go over there and spend all summer over there, while my family was in Vancouver. In October, we would move the cattle back to Pasco and then I would come home for a few months and then come back up here. It has been difficult for them and I apologize that I didn’t take my daughters and my son and grandchildren to the mountains to ski, the ocean to dig clams, because I always had some other kind of priority. If it wasn’t working on the farm, it was to get back here.

      “When I say special thanks to the citizens of the state of Washington, you know they elected everyone of you. Your constituents decided you were the best person for this job. No matter what your politics are and how serious you are about that, and how you conduct yourself those citizens said, ‘you are the best; we want you down there representing us.’ Really, I think sometimes I feel guilty that I have not respected that other view as much as I should. Not that I had to agree with that view, but to respect that person that has been projecting that view. I can remember being so mad at some legislator for killing my bill or whatever and we got into some real battles--all of you have had that experience. But, the next day, you were together on a bill and you were the best of buddies and you couldn’t say enough good things about that person.

      “I want to mention the staff. In 1973, Lenny Sawyer in the House developed a new staffing system where the staff would be here the year round and helped us have some institutional memory. Where before, the staff went home and there was a void there and very little interim committee work and then we would all come back and we would all be starting over again, so to speak. He created that staff and implemented it also and those staff members are so important to all of us. I can’t believe that we could all function now days without them--in the manner in the time it takes to study the issues to be prepared and all that.

      “I want to mention just one staff member and there are so many that I would like to mention. But, I have to mention just one. At one time when I was doing some strawberries out there on the farm and I ran out of strawberry flats for the cannery, so I went over to the neighbors to get some flats. Here was about a fifteen year old boy on a truck loading strawberries like a grown man and I borrowed some flats. In later years, that fifteen year old boy was a student at Columbia River High School and later that boy went to the Army Academy and came to the Legislature and was a leader in the House-- majority leader--and later was Chief of Staff for the Governor and now he has created a major improvement for the people of the state of Washington in developing TVW. That is Denny Heck--my dear friend Denny Heck.

      “With that I want to say thanks ever so much and with that I regret that I didn’t have or take enough time to come around to each and every one of you and express my appreciation for your loving spirit, your dedication to the state of Washington and to the people of the state of Washington. God Bless You!”

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President introduced Mrs. Bauer, who was seated on the rostrum and the family of Senator Bauer, who were seated in gallery.

 

      The Committee of Honor escorted Senator Bauer to his seat in the Senate Chamber.

 

MOTION

 

      At 4:14 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 4:50 p.m. by President Owen.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.

 

 

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      On motion of Senator Snyder, Gubernatorial Appointment No. 9324, Donna DeJarnatt, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.

 

APPOINTMENT OF DONNA DeJARNATT

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.

     Voting yea: Senators Benton, Brown, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senators Bauer, Eide, Hargrove and McCaslin - 4.

     Excused: Senator Sellar - 1.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2460, by House Committee on Economic Development, Housing and Trade (originally sponsored by: Representatives Gombosky, D. Sommers, Veloria, Lovick, Kessler, Kenney, Conway, Ogden, Murray, Schual-Berke, Stensen, Edmonds, Santos, Lantz, Linville, Wood and Benson)

 

Addressing economic revitalization.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Brown, the following Committee on Ways and Means striking amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) The legislature finds that:

       (a) There are geographic areas within communities that are characterized by a lack of employment opportunities, an average income level that is below the median income level for the surrounding community, a lack of affordable housing, deteriorating infrastructure, and a lack of facilities for community services, job training, and education;

       (b) Strategies to encourage reinvestment in these areas by assisting local businesses to become stronger and area residents to gain economic power involve a variety of activities and partnerships;

       (c) Reinvestment in these areas cannot be accomplished with only governmental resources and require a comprehensive approach that integrates various incentives, programs, and initiatives to meet the economic, physical, and social needs of the area;

       (d) Successful reinvestment depends on a local government's ability to coordinate public resources in a cohesive, comprehensive strategy that is designed to leverage long-term private investment in an area;

       (e) Reinvestment can strengthen the overall tax base through increased tax revenue from expanded and new business activities and physical property improvement;

       (f) Local governments, in cooperation with area residents, can provide leadership as well as planning and coordination of resources and necessary supportive services to address reinvestment in the area; and

       (g) It is in the public interest to adopt a targeted approach to revitalization and enlist the resources of all levels of government, the private sector, community-based organizations, and community residents to revitalize an area.

       (2) The legislature declares that the purposes of the community empowerment zone act are to:

       (a) Encourage reinvestment through strong partnerships and cooperation between all levels of government, community-based organizations, area residents, and the private sector;

       (b) Involve the private sector and stimulate private reinvestment through the judicious use of public resources;

       (c) Target governmental resources to those areas of greatest need; and

       (d) Include all levels of government, community individuals, organizations, and the private sector in the policy-making process.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

       (1) "Area" means a geographic area within a local government that is described by a close perimeter boundary.

       (2) "Community empowerment zone" means an area meeting the requirements of RCW 43.63A.700 (as recodified by this act) and officially designated by the director.

       (3) "Department" means the department of community, trade, and economic development.

       (4) "Director" means the director of the department of community, trade, and economic development.

       (5) "Local government" means a city, code city, town, or county.

       Sec. 3. RCW 43.63A.700 and 1994 sp.s. c 7 s 702 are each amended to read as follows:

       (1) The department, in cooperation with the department of revenue, the employment security department, and the office of financial management, ((shall)) may approve applications submitted by local governments for an area's designation as a community empowerment zone under this ((section)) chapter. The application for designation shall be in the form and manner and contain such information as the department may prescribe, provided that the application ((for designation)) shall:

       (a) Contain information sufficient for the director to determine if the criteria established in RCW 43.63A.710 (as recodified by this act) have been met((.));

       (b) Be submitted on behalf of the local government by its chief elected official, or, if none, by the governing body of the local government((.));

       (c) Contain a five-year community empowerment plan that ((describes the proposed designated community empowerment zone's community development needs and present a strategy for meeting those needs. The plan shall address the following categories: Housing needs; public infrastructure needs, such as transportation, water, sanitation, energy, and drainage/flood control; other public facilities needs, such as neighborhood facilities or facilities for provision of health, education, recreation, public safety, or other services; community economic development needs, such as commercial/industrial revitalization, job creation and retention considering the unemployment and underemployment of area residents, accessibility to financial resources by area residents and businesses, investment within the area, or other related components of community economic development; and social service needs.

       The local government is required to provide a description of its strategy for meeting the needs identified in this subsection (1)(c). As part of the strategy, the local government is required to identify the needs for which specific plans are currently in place and the source of funds expected to be used. For the balance of the area's needs, the local government must identify the source of funds expected to become available during the next two-year period and actions the local government will take to acquire those funds.)) meets the requirements of section 5 of this act; and

       (d) Certify that ((neighborhood)) area residents were given the opportunity to participate in the development of the five-year community empowerment strategy required under (((c) of this subsection)) section 5 of this act.

       (2) No local government shall submit more than two ((neighborhoods)) areas to the department for possible designation as a ((designated)) community empowerment zone under this ((section)) chapter.

       (3)(a) ((Within ninety days after January 1, 1994,)) The director may designate up to six ((designated)) community empowerment zones, state-wide, from among the applications ((eligible)) submitted for designation as a ((designated)) community empowerment zone.

       (b) The director shall make determinations of designated community empowerment zones on the basis of the following factors:

       (i) The strength and quality of the local government commitments to meet the needs identified in the five-year community empowerment plan required under ((this)) section 5 of this act.

       (ii) The level of private ((commitments by private entities)) sector commitment of additional resources and contribution to the ((designated)) community empowerment zone.

       (iii) The potential for revitalization of the area as a result of designation as a ((designated)) community empowerment zone.

       (iv) Other factors the director deems necessary.

       (c) The determination of the director as to the areas designated as community empowerment zones shall be final.

       (4) Except as provided in section 6 of this act, an area that was designated a community empowerment zone before January 1, 1996, under this section, automatically and without additional action by the local government continues its designation under this chapter.

       (5) The department may not designate additional community empowerment zones after January 1, 2004, but may amend or rescind designation of community empowerment zones in accordance with section 6 of this act.

       Sec. 4. RCW 43.63A.710 and 1994 sp.s. c 7 s 703 are each amended to read as follows:

       (1) The director may not designate an area as a ((designated)) community empowerment zone unless that area meets the following requirements:

       (a) The area must be designated by the legislative authority of the local government as an area to receive federal, state, and local assistance designed to increase economic, physical, or social activity in the area;

       (b) The area must have at least fifty-one percent of the households in the area with incomes at or below eighty percent of the county's median income, adjusted for household size;

       (c) The average unemployment rate for the area, for the most recent twelve-month period for which data is available must be at least one hundred twenty percent of the average unemployment rate of the county; and

       (d) A five-year community empowerment plan for the area that meets the requirements of ((RCW 43.63A.700(1)(c) and as further defined by the director)) section 5 of this act must be adopted.

       (2) The director may establish, by rule, such other requirements as the director may reasonably determine necessary and appropriate to assure that the purposes of this ((section)) chapter are satisfied.

       (3) In determining if an area meets the requirements of this section, the director may consider data provided by the United States bureau of the census from the most recent census or any other reliable data that the director determines to be acceptable for the purposes for which the data is used.

       NEW SECTION. Sec. 5. (1) The five-year community empowerment plan required under RCW 43.63A.700 (as recodified by this act) shall contain information that describes the community development needs of the proposed community empowerment zone and present a strategy for meeting those needs. The plan shall address the following categories:

       (a) Housing needs for all economic segments of the proposed community empowerment zone;

       (b) Public infrastructure needs, such as transportation, water, sanitation, energy, and drainage and flood control;

       (c) Other public facilities needs, such as neighborhood facilities or facilities for the provision of health, education, recreation, public safety, and other services;

       (d) Community economic development needs, such as commercial and industrial revitalization, job creation and retention considering the unemployment and underemployment of area residents, accessibility to financial resources by area residents and businesses, investment within the area, and other related components of community economic development; and

       (e) Social service needs of residents in the proposed community empowerment zone.

       (2) The local government must provide a description of its strategy for meeting the needs identified in subsection (1) of this section. As part of the community empowerment zone strategy, the local government must identify the needs for which specific plans are currently in place and the source of funds expected to be used. For the balance of the area's needs, the local government must identify the source of funds expected to become available during the next two-year period and actions the local government will take to acquire those funds.

       (3) The local government must submit an annual progress report to the department that details the extent to which the local government is working to meet the needs identified in the five-year community empowerment plan. If applicable, the progress report must also contain a discussion on the impediments to meeting the needs outlined in the five-year community empowerment plan. The department must determine the date the annual progress reports are due from each local government.

       NEW SECTION. Sec. 6. (1) The terms or conditions of a community empowerment zone approved under this chapter may be amended to:

       (a) Alter the boundaries of the community empowerment zone; or

       (b) Terminate the designation of a community empowerment zone.

       (2)(a) A request for an amendment under subsection (1)(a) of this section may not be in effect until the department issues an amended designation for the community empowerment zone that approves the requested amendment. The local government must promptly file with the department a request for approval that contains information the department deems necessary to evaluate the proposed changes and its impact on the area's designation as a community empowerment zone under RCW 43.63A.710 (as recodified by this act). The local government must hold at least two public hearings on the proposed changes and include the information in its request for an amendment to its community empowerment zone.

       (b) The department shall approve or disapprove a proposed amendment to a community empowerment zone within sixty days of its receipt of a request under subsection (1)(a) of this section. The department may not approve changes to a community empowerment zone that are not in conformity with this chapter.

       (3)(a) The termination of an area's designation as a community empowerment zone under subsection (1)(b) of this section is not effective until the department issues a finding stating the reasons for the termination, which may include lack of commitment of resources to activities in the community empowerment zone by the public, private, and community-based sectors. The local government may file an appeal to the department's findings within sixty days of the notice to terminate the area's designation. The department must notify the local government of the results within thirty days of the filing of the appeal.

       (b) A termination of an area's designation as a community empowerment zone has no effect on benefits previously extended to individual businesses. The local government may not commit benefits to a business after the effective date of the termination of an area's designation as a community empowerment zone.

       (4) The department may request applications from local governments for designation as community empowerment zones under this chapter as a result of a termination of an area's designation as a community empowerment zone under this section.

       NEW SECTION. Sec. 7. The department must administer this chapter and has the following powers and duties:

       (1) To monitor the implementation of chapter . . ., Laws of 2000 (this act) and submit reports evaluating the effectiveness of the program and any suggestions for legislative changes to the governor and legislature by December 1, 2000;

       (2) To develop evaluation and performance measures for local governments to measure the effectiveness of the program at the local level on meeting the objectives of this chapter;

       (3) To provide information and appropriate assistance to persons desiring to locate and operate a business in a community empowerment zone;

       (4) To work with appropriate state agencies to coordinate the delivery of programs, including but not limited to housing, community and economic development, small business assistance, social service, and employment and training programs which are carried on in a community empowerment zone; and

       (5) To develop rules necessary for the administration of this chapter.

       NEW SECTION. Sec. 8. The administration of a community empowerment zone is under the jurisdiction of the local government. Each local government must, by ordinance, designate a community empowerment zone administrator for the area designated as a community empowerment zone that is within its jurisdiction. A community empowerment zone administrator must be an officer or employee of the local government. The community empowerment zone administrator is the liaison between the local government, the department, the business community, and labor and community-based organizations within the community empowerment zone.

       NEW SECTION. Sec. 9. This chapter may be known and cited as the Washington community empowerment zone act.

       NEW SECTION. Sec. 10. Sections 1, 2, and 5 through 9 of this act constitute a new chapter in Title 43 RCW.

       NEW SECTION. Sec. 11. RCW 43.63A.700 and 43.63A.710, as amended by this act, are each recodified as sections in chapter 43.-- RCW (sections 1, 2, and 5 through 9 of this act).

       NEW SECTION. Sec. 12. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

       NEW SECTION. Sec. 13. (1) The legislature finds that establishing a clear state-wide strategy for successful economic development will best prepare the state of Washington to respond to the challenges and take advantage of future economic cycles. The legislature further finds that without a state-wide economic development plan the state's budget and election cycles make it difficult for government to adhere to consistent, long-term economic development priorities that are essential to successful, enhanced economic development. The legislature further finds that the purpose of economic development is to increase the standard of living and enhance the quality of life of the citizens of this state.

       (2) It is the intent of the legislature that a strategic state-wide economic development plan be created that reflects the following goals and objectives:

       (a) To create and maintain jobs and income that would not otherwise be created or maintained, and to increase wealth rather than to redistribute it;

       (b) To add value to private sector economic activity; and

       (c) To assist businesses in developing their business strategies, increasing the skills of their workers and managers, applying advanced technologies, developing infrastructure, accessing capital, and enhancing social capital.

       NEW SECTION. Sec. 14. For the purposes of this chapter "department" means the department of community, trade, and economic development, or its successor agency or agencies. "The plan" or "state plan" means a state-wide economic development plan, as developed under sections 15 and 16 of this act.

       NEW SECTION. Sec. 15. (1) The legislative committee on economic development shall take the lead responsibility for creating a state-wide strategic plan for economic development in conjunction with the department, and an advisory group of business, labor, and other interests. The advisory group shall be appointed by the lieutenant governor and shall consist of no more than twelve members.

       (2) In preparing the state plan, the legislative committee on economic development and the department shall recognize:

       (a) Regional economic, political, and cultural differences, and acknowledge the special challenges facing urban and rural communities; and

       (b) Special contributions of, and challenges facing, women and minority-owned businesses.

       (3) The plan should set priorities and concentrate resources on those priorities.

       (4) The plan should include specific implementation steps and establish a process for institutionalizing economic development planning.

       NEW SECTION. Sec. 16. The legislative committee on economic development and the department shall develop and include the following elements in the plan:

       (1) New strategies that seek to improve the overall competitiveness of groups of similar businesses, usually termed clusters, and entire industries or sectors rather than traditional strategies that focus on individualized assistance. These strategies should foster interfirm cooperation and learning, technology adaptation, and work-based learning to improve work force skills. Under these strategies the state acts as a broker of available private and public development resources, or contracts for such broker services;

       (2) Direction to the department to develop programs consistent with the state plan, and that are characterized by outcome-based performance management systems and decentralized decision making;

       (3) Direction to the department to assist local governments and other interested parties in the creation of regional economic development plans consistent with the state plan; and

       (4) Direction to the department to develop a professional research capacity to keep the state's trade assistance operation regularly appraised of opportunities and updated on performance.

       NEW SECTION. Sec. 17. The legislature recognizes the urgent need for having a plan in place as soon as is reasonably possible. The legislative committee on economic development and the department are directed to immediately develop a work plan and take other steps necessary to implement sections 13 through 16 of this act.

       NEW SECTION. Sec. 18. Sections 13 through 16 of this act constitute a new chapter in Title 43 RCW.

       Sec. 19. RCW 43.330.070 and 1993 c 280 s 10 are each amended to read as follows:

       (1) The department shall work closely with local communities to increase their capacity to respond to economic, environmental, and social problems and challenges. The department shall coordinate the delivery of development services and technical assistance to local communities or regional areas. It shall promote partnerships between the public and private sectors and between state and local officials to encourage appropriate economic growth and opportunity in communities throughout the state, in particular strategies designed to encourage economic growth and opportunities in community empowerment zones designated under RCW 43.63A.700 (as recodified by this act). The department shall promote appropriate local development by: Supporting the ability of communities to develop and implement strategic development plans; assisting businesses to start up, maintain, or expand their operations; encouraging public infrastructure investment and private and public capital investment in local communities; supporting efforts to manage growth and provide affordable housing and housing services; providing for the identification and preservation of the state's historical and cultural resources; and expanding employment opportunities.

       (2) The department shall define a set of services including training and technical assistance that it will make available to local communities, community-based nonprofit organizations, regional areas, industry clusters, or businesses. The department shall simplify access to these programs by providing more centralized and user-friendly information and referral. The department shall coordinate community and economic development efforts to minimize program redundancy and maximize accessibility. The department shall develop a set of criteria for targeting services to local communities.

       (3) The department shall develop a coordinated and systematic approach to providing training to community-based nonprofit organizations, local communities, industry clusters, and businesses. The approach shall be designed to increase the economic and community development skills available in local communities by providing training and funding for training for local citizens, nonprofit organizations, industry clusters, and businesses. The department shall emphasize providing training in those communities most in need of state assistance.

       (4) As used in this section, "industry clusters" means a geographic concentration of interdependent competitive firms that do business with each other. Clusters also include firms that sell inside and outside of the geographic region as well as support firms that supply raw materials, components, and business services.

       NEW SECTION. Sec. 20. The legislature finds that economic development, work force training, international trade, tourism development, housing assistance, assistance to local governments, and other programs and services provided by the department of community, trade, and economic development are vital to all regions of the state. The legislature further finds that program development and service delivery to the eastern region of the state could be significantly enhanced by a continuous, full-time physical staff presence in that region.

       NEW SECTION. Sec. 21. For the purposes of sections 20 through 23 of this act:

       (1) "Department" means the department of community, trade, and economic development, or its successor agency or agencies.

       (2) "Director" means the director of the department.

       NEW SECTION. Sec. 22. In order to more effectively respond to the needs of eastern Washington communities, the department shall, as soon as practicable, establish a field office and a full-time staff presence in eastern Washington. If practicable, the office shall be colocated with one or more existing state agencies in the Tri-Cities area to facilitate the urgent economic development needs of southeastern Washington. This office shall be staffed by the director in the most efficient manner that is likely to provide improved service to eastern Washington communities.

       NEW SECTION. Sec. 23. Program activities and priorities for this office serving eastern Washington shall be determined by the director, in consultation with local government officials, business, labor, and educational advisors from the region.

       NEW SECTION. Sec. 24. (1) The legislature finds that Washington's quality of life, standard of living, and social and economic opportunity all depend on the vitality of the state's economy. The legislature further finds that economic development tries to reinforce the natural way by which strong foundations in the areas of human resources, capital resources, technology, tax and regulatory, advanced physical infrastructure, information and communication infrastructure, and quality of life strengthen the economy. The legislature further finds that the strength and vitality of the state's economy depends on the competitiveness of the state's industry clusters. The legislature further finds industry clusters can become a powerful magnet for businesses to locate in an area and create a spawning ground for start-up companies. The legislature further finds that industry clusters create large, diverse pools of experienced workers; attract suppliers who tend to congregate in their vicinity for increased efficiency; and foster a competitive spirit that stimulates growth and innovative strategic alliances. The legislature further finds that the state must first identify and understand the industry clusters before strategies can be developed to enhance their competitive position in the world.

       (2) It is the intent of the legislature to establish an industry cluster-based approach to economic development as a component of a state-wide strategy to address economic growth and quality of life issues.

       NEW SECTION. Sec. 25. A new section is added to chapter 43.330 RCW to read as follows:

       (1) The department of community, trade, and economic development, or its successor agency, shall work with industry associations and organizations to identify industry clusters on a regional and state-wide basis. The industry clusters may include, but not be limited to aerospace, agriculture, food processing, forest products, business services, financial services, health and biomedical, software, transportation and distribution, environmental technology, and microelectronics.

       (2) In the identification of industry clusters, the department's activities may include, but are not limited to:

       (a) Conducting focus group discussions, facilitating meetings, and conducting studies to identify industry clusters, members of an industry cluster, the current state of the industry cluster, and issues of common concern of the industry cluster;

       (b) Supporting the formation of industry cluster associations, publication of cluster association directories, and related efforts to encourage the entry of new firms into the industry cluster; and

       (c) Providing methods for electronic communication and information dissemination among firms within industry clusters.

       (3) The department shall work with identified industry clusters, private sector organizations, local governments, local economic development organizations, and higher education and training institutions to assist in the development of strategies designed to strengthen the competitiveness of the state's industry clusters. The department shall, on a continuing basis, evaluate effectiveness of the services provided to industry clusters using information gathered at the regional and state-wide level.

       (4) As used in this section, "industry cluster" means a geographic concentration of interdependent competitive firms that do business with each other. Clusters also include firms that sell inside and outside of the geographic region as well as support firms that supply raw materials, components, and business services.

       Sec. 26. RCW 43.330.090 and 1998 c 245 s 85 are each amended to read as follows:

       (1) The department shall work with private sector organizations, industry clusters, local governments, local economic development organizations, and higher education and training institutions to assist in the development of strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production by focusing on targeted sectors. The targeted sectors may include, but are not limited to, software, forest products, biotechnology, environmental industries, recycling markets and waste reduction, aerospace, food processing, tourism, film and video, microelectronics, new materials, robotics, and machine tools. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to a targeted sector's approach to economic development and including additional sectors in its efforts. The department shall use information gathered in each service delivery region in formulating its sectoral strategies and in designating new targeted sectors.

       (2) The department shall ensure that the state continues to pursue a coordinated program to expand the tourism industry throughout the state in cooperation with the public and private tourism development organizations. The department shall work to provide a balance of tourism activities throughout the state and during different seasons of the year. In addition, the department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state; to this end the department is directed to assist in the location of a film and video production studio within the state.

       (3) In assisting in the development of a targeted sector, the department's activities may include, but are not limited to:

       (a) Conducting focus group discussions, facilitating meetings, and conducting studies to identify members of the sector, appraise the current state of the sector, and identify issues of common concern within the sector;

       (b) Supporting the formation of industry associations, publications of association directories, and related efforts to create or expand the activities or industry associations;

       (c) Assisting in the formation of flexible networks by providing (i) agency employees or private sector consultants trained to act as flexible network brokers and (ii) funding for potential flexible network participants for the purpose of organizing or implementing a flexible network;

       (d) Helping establish research consortia;

       (e) Facilitating joint training and education programs;

       (f) Promoting cooperative market development activities;

       (g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services; and

       (h) Providing for methods of electronic communication and information dissemination among firms and groups of firms to facilitate network or industry cluster activity.

       (4) As used in this section, "industry cluster" has the same meaning as in section 25 of this act.

       Sec. 27. RCW 82.60.049 and 1999 c 164 s 304 are each amended to read as follows:

       (1) For the purposes of this section:

       (a) "Eligible area" also means a designated community empowerment zone approved before January 1, 2000, under RCW 43.63A.700 or a county containing a community empowerment zone approved before January 1, 2000.

       (b) "Eligible investment project" also means an investment project in an eligible area as defined in this section.

       (2) In addition to the provisions of RCW 82.60.040, the department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW, on each eligible investment project that is located in an eligible area, if the applicant establishes that at the time the project is operationally complete:

       (a) The applicant will hire at least one qualified employment position for each seven hundred fifty thousand dollars of investment on which a deferral is requested; and

       (b) The positions will be filled by persons who at the time of hire are residents of the community empowerment zone in which the project is located. As used in this subsection, "resident" means the person makes his or her home in the community empowerment zone. A mailing address alone is insufficient to establish that a person is a resident for the purposes of this section. The persons must be hired after the date the application is filed with the department.

       (3) All other provisions and eligibility requirements of this chapter apply to applicants eligible under this section.

       (4) If a person does not meet the requirements of this section by the end of the calendar year following the year in which the project is certified as operationally complete, all deferred taxes are immediately due.

       NEW SECTION. Sec. 28. A new section is added to chapter 82.14 RCW to read as follows:

       (1) The county legislative authority of a county in which there is a community empowerment zone as defined in section 2 of this act may submit an authorizing proposition to the county voters and, if the proposition is approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter for the purposes designated in subsection (3) of this section.

       (2) The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax shall equal one-tenth of one percent of the selling price in the case of sales tax, or value of the article used in the case of a use tax.

       (3) Moneys received from any tax imposed under this section shall be used solely for the purpose of providing funds for costs associated with financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, reequipping, and improvement of emergency communication systems and facilities.

       (4) Counties in which there are community empowerment zones as defined in section 2 of this act are authorized to develop joint ventures to collocate emergency communication systems and facilities.

       NEW SECTION. Sec. 29. 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."

 

 

 

MOTIONS

 

      On motion of Senator Brown, the following title amendment was adopted:

       On page 1, line 1 of the title, after "zones;" strike the remainder of the title and insert "amending RCW 43.63A.700, 43.63A.710, 43.330.070, 43.330.090, and 82.60.049; adding a new section to chapter 43.330 RCW; adding a new section to chapter 82.14 RCW; adding new chapters to Title 43 RCW; creating new sections; and recodifying RCW 43.63A.700 and 43.63A.710."

      On motion of Senator Brown, the rules were suspended, Substitute House Bill No. 2460, 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.

Hale

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2460, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2460, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; 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, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

     Voting nay: Senators McDonald and Zarelli - 2.

     Absent: Senator Wojahn - 1.

     Excused: Senator Sellar - 1.

      SUBSTITUTE HOUSE BILL NO. 2460, 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.

 

SECOND READING

 

      SENATE BILL NO. 5802, by Senators Fairley, Hochstatter, Honeyford, Spanel and Franklin

 

      Regulating telecommunications contractors and installations.

 

MOTIONS

 

      On motion of Senator Fairley, Second Substitute Senate Bill No. 5802 was substituted for Senate Bill No. 5802 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Fairley, the rules were suspended, Second Substitute Senate Bill No. 5802 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 Second Substitute Senate Bill No. 5802.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5802 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 38.

     Voting nay: Senators Finkbeiner, Hochstatter, Johnson, Long, McCaslin, McDonald, Rossi, Sheahan, Stevens and Zarelli - 10.

     Excused: Senator Sellar - 1.

      SECOND SUBSTITUTE SENATE BILL NO. 5802, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

      There being no objection, the President returned the Senate to the fourth order of business

 

MOTION

 

      On motion of Senator Eide, Senator Thibaudeau was excused.

 

MESSAGE FROM THE HOUSE

March 8, 2000

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2420 and asks the Senate to recede therefrom, and the same are herewith transmitted.

 

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

 

 

MOTIONS

 

      On motion of Senator Spanel, the Senate receded from its amendment(s) to Engrossed Second Substitute House Bill No 2420.

      On motion of Senator Spanel, the rules were suspended, Engrossed Second Substitute House Bill No. 2420 was returned to second reading and read the second time.

 

MOTION

 

      Senator Spanel moved that the following striking amendment by Senators Spanel and Morton be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) The intent of this act is to protect the health and safety of the citizens of the state of Washington and the quality of the state's environment by developing and implementing environmental and public safety measures applicable to persons transporting hazardous liquids and gas by pipeline within the state of Washington. The legislature finds that public safety and the environment may best be protected by adopting standards that are equal to, or more stringent than, those adopted by the federal government, so long as they do not impermissibly interfere with interstate commerce.

       (2) The legislature recognizes that additional federal authority is needed to implement a comprehensive pipeline safety program and by this act and other measures directs the state to seek that authority.

       (3) It is also the intent of the legislature that the governor work with the state congressional delegation in seeking:

       (a) To amend the federal pipeline safety act to delegate authority to qualified states to adopt and enforce standards equal to or more stringent than federal standards;

       (b) State authority to administer and enforce federal requirements related to pipeline safety; and

       (c) Higher levels of funding for state and federal pipeline safety activities and for states to respond to pipeline accident emergencies.

       (4) While the legislature acknowledges that serious accidents have occurred for hazardous liquid and gas pipelines in this nation and elsewhere, it recognizes that there are fundamental differences between hazardous liquid pipelines and gas pipelines and that a different system of safety regulations must be applied for each kind of pipeline.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Commission" means the utilities and transportation commission.

       (2) "Department" means the department of ecology.

       (3) "Failsafe" means a design feature that will maintain or result in a safe condition in the event of malfunction or failure of a power supply, component, or control device.

       (4) "Gas" means natural gas, flammable gas, or toxic or corrosive gas.

       (5) "Gas pipeline" means all parts of a pipeline facility through which gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Gas pipeline" does not include process or transfer pipelines.

       (6) "Gas pipeline company" means a person or entity constructing, owning, or operating a gas pipeline for transporting gas. A "gas pipeline company" does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a gas pipeline company.

       (7) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (b) carbon dioxide.

       (8) "Local government" means a political subdivision of the state or a city or town.

       (9) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any political subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

       (10) "Pipeline," "pipeline system," or "hazardous liquid pipeline" means all parts of a pipeline facility through which a hazardous liquid moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines.

       (11) "Pipeline company" or "hazardous liquid pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid. A "pipeline company" does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.

       (12) "Reportable release" means a spilling, leaking, pouring, emitting, discharging, or any other uncontrolled escape of a hazardous liquid in excess of one barrel, or forty-two gallons.

       (13) "Safety management systems" means management systems that include coordinated and interdisciplinary evaluations of the effect of significant changes to a pipeline system before such changes are implemented.

       (14) "Transfer pipeline" means a buried or aboveground pipeline used to carry oil between a tank vessel or transmission pipeline and the first valve inside secondary containment at the facility provided that any discharge on the facility side of that first valve will not directly impact waters of the state. A transfer pipeline includes valves, and other appurtenances connected to the pipeline, pumping units, and fabricated assemblies associated with pumping units. A transfer pipeline does not include process pipelines, pipelines carrying ballast or bilge water, transmission pipelines, or tank vessel or storage tanks.

       (15) "Transmission pipeline" means a gas pipeline that transports gas within a storage field, or transports gas from an interstate pipeline or storage facility to a distribution main or a large volume gas user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength.

       Sec. 3. RCW 81.88.040 and 1998 c 123 s 1 are each amended to read as follows:

       (1) ((The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

       (a) "Pipeline company" means a person or entity constructing, owning, or operating an intrastate pipeline for transporting hazardous liquid, whether or not such a person or entity is a public service company otherwise regulated by the commission. For the purposes of this section, a pipeline company does not include: (i) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (ii) excavation contractors or other contractors that contract with a pipeline company.

       (b) "Hazardous liquid" means: (i) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (ii) carbon dioxide. The commission by rule may incorporate by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).

       (2) The commission shall adopt by rule intrastate pipeline safety standards for pipeline transportation and pipeline facilities that: (a) Apply to pipeline companies transporting hazardous liquids; (b) cover the design, construction, and operation of pipelines transporting hazardous liquids; and (c) require pipeline companies to design, construct, and maintain their pipeline facilities so they are safe and efficient.

       (3))) A person, officer, agent, or employee of a pipeline company who, as an individual or acting as an officer, agent, or employee of such a company, violates or fails to comply with this ((section)) chapter or a rule adopted under this section, or who procures, aids, or abets another person or entity in the violation of or noncompliance with this section or a rule adopted under this section, is guilty of a gross misdemeanor.

       (((4))) (2)(a) A pipeline company, or any person, officer, agent, or employee of a pipeline company that violates a provision of this section, or a rule adopted under this section, is subject to a civil penalty to be assessed by the commission.

       (b) The commission shall adopt rules: (i) Setting penalty amounts, but may not exceed the penalties specified in the federal pipeline safety laws, 49 U.S.C. Sec. 60101 et seq.; and (ii) establishing procedures for mitigating penalties assessed((; and (iii) incorporating by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4))).

       (c) In determining the amount of the penalty, the commission shall consider: (i) The appropriateness of the penalty in relation to the position of the person charged with the violation; (ii) the gravity of the violation; and (iii) the good faith of the person or company charged in attempting to achieve compliance after notification of the violation.

       (d) The amount of the penalty may be recovered in a civil action in the superior court of Thurston county or of some other county in which the violator may do business. In all actions for recovery, the rules of evidence shall be the same as in ordinary civil actions. All penalties recovered under this section must be paid into the state treasury and credited to the ((public service revolving fund)) hazardous liquid pipeline safety account.

       (3) The commission shall adopt rules incorporating by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).

       (((5))) (4) The commission shall also have the power of injunctive relief, as required by 49 U.S.C. Sec. 60105(b), to enforce the provisions of this chapter.

       (5) Nothing in this section duplicates the authority of the energy facility site evaluation council under chapter 80.50 RCW.

       NEW SECTION. Sec. 4. (1) The hazardous liquid pipeline safety account is created in the custody of the state treasurer. All receipts from the federal office of pipeline safety and any other state or federal funds provided for hazardous liquid pipeline safety must be deposited in the account, except as provided in subsection (2) of this section. Any fines collected under this chapter, or otherwise designated to this account must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding pipeline safety.

       (2) Federal funds received before June 30, 2001, shall be treated as receipt of unanticipated funds and expended, without appropriation, for the designated purposes.

       NEW SECTION. Sec. 5. (1) A comprehensive program of hazardous liquid pipeline safety is authorized by sections 2, 4, 5, 9, 11, 13, and 20 of this act, and RCW 81.88.040 to be developed and implemented consistent with federal law. Except as provided in subsection (6) of this section, the commission shall administer and enforce all laws related to hazardous liquid pipeline safety.

       (2) The commission shall adopt rules for pipeline safety standards for hazardous liquid pipeline transportation that:

       (a) Require pipeline companies to design, construct, operate, and maintain their pipeline facilities so they are safe and efficient;

       (b) Require pipeline companies to rapidly locate and isolate all reportable releases from pipelines, that may include:

       (i) Installation of remote control shut-off valves; and

       (ii) Installation of remotely monitored pressure gauges and meters;

       (c) Require the training and certification of personnel who operate pipelines and the associated systems;

       (d) Require reporting of emergency situations, including emergency shutdowns and material defects or physical damage that impair the serviceability of a pipeline; and

       (e) Require pipeline companies to submit operations safety plans to the commission once every five years, as well as any amendments to the plan made necessary by changes to the pipeline system or its operation. The safety plan shall include emergency response procedures.

       (3) The commission shall approve operations safety plans if they have been deemed fit for service. A plan shall be deemed fit for service when it provides for pipelines that are designed, developed, constructed, operated, and periodically modified to provide for protection of public safety and the environment. Pipeline operations safety plans shall, at a minimum, include:

       (a) A schedule of inspection and testing within the pipeline distribution system of:

       (i) All mechanical components;

       (ii) All electronic components; and

       (iii) The structural integrity of all pipelines as determined through pressure testing, internal inspection tool surveys, or another appropriate technique;

       (b) Failsafe systems;

       (c) Safety management systems; and

       (d) Emergency management training for pipeline operators.

       (4) The commission shall coordinate information related to pipeline safety by providing technical assistance to local planning and siting authorities.

       (5) The commission shall evaluate, and consider adopting, proposals developed by the federal office of pipeline safety, the national transportation safety board, and other agencies and organizations related to methods and technologies for testing the integrity of pipeline structure, leak detection, and other elements of pipeline operation.

       (6) The authorities of sections 2, 4, 5, 9, 11, 13, and 20 of this act, and RCW 81.88.040 relating to hazardous liquid pipeline safety shall be transferred from the commission to the department pursuant to section 13 of this act upon the occurrence of either:

       (a) Amendments to federal pipeline safety laws to eliminate preemption of state authority to regulate safety requirements for such pipelines; or

       (b) The granting of federal authority to the state to enforce or adopt any safety requirements for interstate hazardous liquid pipelines.

       NEW SECTION. Sec. 6. (1) The commission shall develop, in consultation with representatives of hazardous liquid pipeline companies, gas pipeline companies, local governments, and the excavation and construction industries: (a) A curricula aimed at the prevention of third-party excavation damage to hazardous liquid pipelines and gas pipelines; and (b) a plan for distribution of the curricula.

       (2) The curricula shall include training on:

       (a) Prevention of damage to hazardous liquid and gas pipelines;

       (b) The danger involved if a hazardous liquid or gas pipeline is damaged;

       (c) The significance of hazardous liquid or gas pipeline damage that does not cause immediate failure; and

       (d) The importance of immediately reporting damage to a hazardous liquid or gas pipeline and the importance of immediately repairing a damaged hazardous liquid or gas pipeline.

       NEW SECTION. Sec. 7. (1) The commission shall require hazardous liquid pipeline companies, and gas pipeline companies with interstate pipelines, gas transmission pipelines, or gas pipelines operating over two hundred fifty pounds per square inch gauge, to provide accurate maps of their pipeline to specifications developed by the commission sufficient to meet the needs of first responders including installation depth information when known.

       (2) The commission shall evaluate the sufficiency of the maps and consolidate the maps into a state-wide geographic information system. The commission shall assist local governments in obtaining hazardous liquid and gas pipeline location information and maps. The maps shall be made available to the one-number locator services as provided in chapter 19.122 RCW. The mapping system shall be consistent with the United States department of transportation national pipeline mapping program.

       (3) The mapping system shall be completed by January 1, 2006, and periodically updated thereafter. The commission shall develop a plan for funding the geographic information system and report its recommendations to the legislature by December 15, 2000.

       NEW SECTION. Sec. 8. A new section is added to chapter 43.110 RCW to read as follows:

       The municipal research council shall, by June 30, 2001, develop and periodically update, for the consideration by local governments:

       (1) A model ordinance that establishes setback and depth requirements for new hazardous liquid and gas pipeline construction; and

       (2) A model franchise agreement for jurisdictions through which a hazardous liquid or gas pipeline is located.

       NEW SECTION. Sec. 9. (1) The commission and the department shall apply for federal delegation for the state's program for the purposes of enforcement of federal hazardous liquid pipeline safety requirements. If the secretary of transportation delegates inspection authority to the state as provided in this subsection, the department, at a minimum, shall do the following:

       (a) Inspect hazardous liquid pipelines periodically as specified in the inspection program;

       (b) Collect fees;

       (c) Order and oversee the testing of hazardous liquid pipelines as authorized by federal law and regulation; and

       (d) File reports with the United States secretary of transportation as required to maintain the delegated authority.

       (2) The commission and the department shall also seek federal authority to adopt safety standards related to the monitoring and testing of interstate hazardous liquid pipelines.

       (3) Upon delegation under subsection (1) of this section or under a grant of authority under subsection (2) of this section, to the extent authorized by federal law, the department shall adopt rules for interstate pipelines that are no less stringent than the state's laws and rules for intrastate hazardous liquid pipelines.

       NEW SECTION. Sec. 10. A new section is added to chapter 80.28 RCW to read as follows:

       (1) The commission shall seek and accept federal delegation for the commission's inspectors as federal agents for the purposes of enforcement of federal laws covering gas pipeline safety and the associated federal rules, as they exist on the effective date of this section. The commission shall establish and submit to the United States secretary of transportation an inspection program that complies with requirements for delegated interstate agent inspection authority. If the secretary of transportation delegates inspection authority to the state as provided in this subsection, the commission, at a minimum, shall do the following:

       (a) Inspect gas pipelines periodically as specified in the inspection program;

       (b) Collect fees;

       (c) Order and oversee the testing of gas pipelines as authorized by federal law and regulation; and

       (d) File reports with the United States secretary of transportation as required to maintain the delegated authority.

       (2) The commission shall also seek federal authority to adopt safety standards related to the monitoring and testing of interstate gas pipelines.

       (3) Upon designation under subsection (1) of this section or under a grant of authority under subsection (2) of this section, to the extent authorized by federal law, the commission shall adopt rules for interstate gas pipelines that are no less stringent than the state's laws and rules for intrastate gas pipelines.

       NEW SECTION. Sec. 11. The commission may inspect any record, map, or written procedure required by federal law to be kept by a hazardous liquid pipeline company concerning the reportable releases, and the design, construction, testing, or operation and maintenance of hazardous liquid pipelines.

       NEW SECTION. Sec. 12. A new section is added to chapter 80.28 RCW to read as follows:

       The commission may inspect any record, map, or written procedure required by federal law to be kept by a gas pipeline company concerning the reporting of gas releases, and the design, construction, testing, or operation and maintenance of gas pipelines.

       NEW SECTION. Sec. 13. (1) All powers, duties, and functions of the utilities and transportation commission pertaining to hazardous liquid pipeline safety, except economic regulatory authority under chapters 81.88, 80.24, and 81.24 RCW, are transferred to the department of ecology effective upon the department's receipt of any delegated federal authority over interstate hazardous liquid pipelines, or upon such earlier date as the office of financial management may determine in the event that federal law is amended to remove all or part of the federal preemption of state regulation of hazardous liquid pipelines. The timing of the transfer shall be facilitated by a memorandum of agreement between the two agencies, with any disputes resolved by the office of financial management. All references to the commission or the utilities and transportation commission in the Revised Code of Washington shall be construed to mean the director or the department of ecology when referring to the functions transferred in this section.

       (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of ecology. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of ecology. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of ecology.

       (b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall be transferred and credited to the department of ecology under the agreement authorized in subsection (1) of this section.

       (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

       (3) All employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

       (4) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of ecology. All existing contracts and obligations shall remain in full force and shall be performed by the department of ecology.

       (5) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed before the effective date of this section.

       (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

       (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

       NEW SECTION. Sec. 14. (1) The citizens committee on pipeline safety is established to advise the state agencies and other appropriate federal and local government agencies and officials on matters relating to hazardous liquid and gas pipeline safety, routing, construction, operation, and maintenance. The committee shall have thirteen total members who shall be appointed by the governor to staggered three-year terms and shall consist of: (a) Nine members representing local government, including elected officials and the public; and (b) four nonvoting members, representing owners and operators of hazardous liquid and gas pipelines. The committee shall review and comment on proposed rules and the operation of the state pipeline safety programs.

       (2) The committee may create one or more technical advisory committees comprised of gas and hazardous liquid pipeline owners or operators, agency representatives, natural resource and environmental interests, or other interested parties.

       (3) The committee established in subsection (1) of this section constitutes a class one group under RCW 43.03.220. Expenses for this group, as well as staff support, shall be provided by the utilities and transportation commission and, if additional pipeline authority is transferred to it, the department of ecology.

       Sec. 15. RCW 19.122.020 and 1984 c 144 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) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.

       (2) "Damage" includes the substantial weakening of structural or lateral support of an underground facility, penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected utility owner determines that repairs are required.

       (3) "Emergency" means any condition constituting a clear and present danger to life or property, or a customer service outage.

       (4) "Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.

       (5) "Excavator" means any person who engages directly in excavation.

       (6) "Gas" means natural gas, flammable gas, or toxic or corrosive gas.

       (7) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b) carbon dioxide. The utilities and transportation commission may by rule incorporate by reference other substances designated as hazardous by the secretary of transportation.

       (8) "Identified facility" means any underground facility which is indicated in the project plans as being located within the area of proposed excavation.

       (((7))) (9) "Identified but unlocatable underground facility" means an underground facility which has been identified but cannot be located with reasonable accuracy.

       (((8))) (10) "Locatable underground facility" means an underground facility which can be field-marked with reasonable accuracy.

       (((9))) (11) "Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.

       (((10))) (12) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

 

 

 

       (((11))) (13) Pipeline" or "pipeline system" means all or parts of a pipeline facility through which hazardous liquid or gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines as defined in section 2 of this act.

       (14) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas. A pipeline company does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.

       (15) "Reasonable accuracy" means location within twenty-four inches of the outside dimensions of both sides of an underground facility.

       (((12))) (16) "Underground facility" means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground. This definition does not include pipelines as defined in subsection (13) of this section, but does include distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail.

       (((13))) (17) "One-number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.

       NEW SECTION. Sec. 16. A new section is added to chapter 19.122 RCW to read as follows:

       (1) By December 31, 2000, the utilities and transportation commission shall cause to be established a single state-wide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service.

       (2) The utilities and transportation commission, in consultation with the Washington utilities coordinating council, shall establish minimum standards and best management practices for one-number locator services consistent with the recommendations of the governor's fuel accident prevention and response team issued in December 1999. By December 31, 2000, the commission shall provide its recommendations to the appropriate standing committees of the house of representatives and the senate.

       (3) One-number locator services shall be operated by nongovernmental agencies.

       Sec. 17. RCW 19.122.030 and 1988 c 99 s 1 are each amended to read as follows:

       (1) Before commencing any excavation, excluding agriculture tilling less than twelve inches in depth, the excavator shall provide notice of the scheduled commencement of excavation to all owners of underground facilities through a one-number locator service.

       (2) All owners of underground facilities within a one-number locator service area shall subscribe to the service. One-number locator service rates for cable television companies will be based on the amount of their underground facilities. If no one-number locator service is available, notice shall be provided individually to those owners of underground facilities known to or suspected of having underground facilities within the area of proposed excavation. The notice shall be communicated to the owners of underground facilities not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties.

       (3) Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the excavator with reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of such facilities shall provide the excavator with the best available information as to their locations. The owner of the underground facility providing the information shall respond no later than two business days after the receipt of the notice or before the excavation time, at the option of the owner, unless otherwise agreed by the parties. Excavators shall not excavate until all known facilities have been marked. Once marked by the owner of the underground facility, the excavator is responsible for maintaining the markings. Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section.

       (4) The owner of the underground facility shall have the right to receive compensation for costs incurred in responding to excavation notices given less than two business days prior to the excavation from the excavator.

       (5) An owner of underground facilities is not required to indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible facilities, such as buildings, manholes, or meter and junction boxes on or adjacent to the construction site.

       (6) Emergency excavations are exempt from the time requirements for notification provided in this section.

       (7) If the excavator, while performing the contract, discovers underground facilities which are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner or operator of such facilities, or the one-number locator service.

       NEW SECTION. Sec. 18. A new section is added to chapter 19.122 RCW to read as follows:

       (1) Before commencing any excavation, excluding agricultural tilling less than twelve inches in depth, an excavator shall notify pipeline companies of the scheduled commencement of excavation through

a one-number locator service in the same manner as is required for notifying owners of underground facilities of excavation work under RCW 19.122.030. Pipeline companies shall have the same rights and responsibilities as owners of underground facilities under RCW 19.122.030 regarding excavation work. Excavators have the same rights and responsibilities under this section as they have under RCW 19.122.030.

       (2) Project owners, excavators, and pipeline companies have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near underground facilities as provided in RCW 19.122.040.

       NEW SECTION. Sec. 19. A new section is added to chapter 19.122 RCW to read as follows:

       (1) After a pipeline company has been notified by an excavator pursuant to section 18 of this act that excavation work will uncover any portion of the pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for damage prior to being reburied.

       (2) Immediately upon receiving information of third-party damage to a hazardous liquid pipeline, the company that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the pipeline. After visual inspection, the operator of the hazardous liquid pipeline shall determine whether the damaged pipeline section should be replaced or repaired, or whether it is safe to resume pipeline operation. Immediately upon receiving information of third-party damage to a gas pipeline, the company that operates the pipeline shall conduct a visual inspection of the pipeline to determine whether the flow of gas through that pipeline should be terminated, and whether the damaged pipeline should be replaced or repaired. A record of the pipeline company's inspection report and test results shall be provided to the utilities and transportation commission consistent with reporting requirements under 49 C.F.R. 195 Subpart B.

       (3) Pipeline companies shall immediately notify local first responders and the department of any reportable release of a hazardous liquid from a pipeline. Pipeline companies shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has ignited or represents a probable hazard to persons or property. Pipeline companies shall take all appropriate steps to ensure the public safety in the event of a release of hazardous liquid or gas under this subsection.

       (4) No damaged pipeline may be buried until it is repaired or relocated. The pipeline company shall arrange for repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

       NEW SECTION. Sec. 20. A new section is added to chapter 48.48 RCW to read as follows:

       (1) The chief of the Washington state patrol, through the director of fire protection or his or her authorized deputy, shall, in consultation with the emergency management program within the state military department, the department of ecology, the utilities and transportation commission, and local emergency services organizations:

       (a) Evaluate the preparedness of local first responders in meeting emergency management demands under subsection (2) of this section; and

       (b) Conduct an assessment of the equipment and personnel needed by local first responders to meet emergency management demands related to pipelines.

       (2) The chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall develop curricula for training local first responders to deal with hazardous liquid and gas pipeline accidents. The curricula shall be developed in conjunction with pipeline companies and local first responders, and shall include a timetable and costs for providing training as defined in the curricula to all communities housing pipelines. Separate curricula shall be developed for hazardous liquid and gas pipelines so that the differences between pipelines may be recognized and appropriate accident responses provided. The need for a training program for regional incident management teams shall also be evaluated.

       (3) In consultation with other relevant agencies, the chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall identify the need and means for achieving consistent application of the national interagency incident management system.

       (4) For the purposes of this section, "local first responders" means police, fire, emergency medical staff, and volunteers.

       NEW SECTION. Sec. 21. A pipeline company that has been notified by an excavator that excavation work will occur near a hazardous liquid pipeline shall ensure that the pipeline company's representative consults with the excavator on-site prior to the excavation. The pipeline company has the discretion to require that the pipeline section in the vicinity of the excavation is fully uncovered and examined for damage prior to being reburied.

       NEW SECTION. Sec. 22. A new section is added to chapter 80.28 RCW to read as follows:

       A gas pipeline company that has been notified by an excavator that excavation work will occur near a gas transmission pipeline shall ensure that the pipeline company's representative consults with the excavator on-site prior to the excavation. The gas pipeline company has the discretion to require that the pipeline section in the vicinity of the excavation is fully uncovered and examined for damage prior to being reburied.

       NEW SECTION. Sec. 23. A new section is added to chapter 19.122 RCW to read as follows:

       Any person who willfully damages or removes a permanent marking used to identify an underground facility or pipeline, or a temporary marking prior to its intended use, is subject to a civil penalty of not more than one thousand dollars for each act.

       NEW SECTION. Sec. 24. A new section is added to chapter 19.122 RCW to read as follows:

       (1) Any person who fails to notify the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.

       (2) All civil penalties recovered under this section relating to hazardous liquid pipelines shall be deposited into the hazardous liquid pipeline safety account created in section 4 of this act. All civil penalties recovered under this section relating to gas pipelines shall be deposited in the general fund and expended for the purpose of enforcement of gas pipeline safety laws.

       NEW SECTION. Sec. 25. A pipeline containing petroleum or petroleum products that is wholly owned by an individual and which pipeline is located wholly on the individual's property, that is not adjoining marine waters, is exempt from the provisions of this chapter. This exemption applies only for pipelines that do not have any connections to pipelines or facilities that extend beyond the pipeline owner's property and the petroleum or petroleum products must be for use only at that location.

       NEW SECTION. Sec. 26. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

       NEW SECTION. Sec. 27. This act may be known and cited as the Washington state pipeline safety act.

       NEW SECTION. Sec. 28. Sections 1, 2, 4 through 7, 9, 11, 13, 14, 21, and 25 through 27 of this act are each added to chapter 81.88 RCW.

       NEW SECTION. Sec. 29. 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 Spanel and Morton to Engrossed Second Substitute House Bill No. 2420, under suspension of the rules.

      The motion by Senator Spanel carried and the striking amendment, under suspension of the rules, was adopted.

 

MOTIONS

 

      On motion of Senator Spanel, the following title amendment was adopted:

       On page 1, line 1 of the title, after "safety;" strike the remainder of the title and insert "amending RCW 81.88.040, 19.122.020, and 19.122.030; adding new sections to chapter 81.88 RCW; adding a new section to chapter 43.110 RCW; adding new sections to chapter 80.28 RCW; adding new sections to chapter 19.122 RCW; adding a new section to chapter 48.48 RCW; prescribing penalties; and declaring an emergency.”

       On motion of Senator Spanel, Engrossed Second Substitute House Bill No. 2420, 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.

 

POINT OF INQUIRY

 

      Senator Morton: “Senator Spanel, under Section 13 (1) of the bill, all powers, duties and functions of the UTC pertaining to hazardous liquid pipeline safety are transferred to the Department of Ecology. The transfer is effective upon the department’s receipt of any delegated federal authority over interstate hazardous liquid pipelines. My question is, if the Federal Office of Pipeline Safety were to decline or refuse to grant the state authority over interstate hazardous liquid pipelines, because they want the authority for all pipelines to be located in a single agency, is there any discretion to avoid this transfer of authority from the UTC to the Department of Ecology?”

      Senator Spanel: “Yes, Senator Morton. Section 13 (1) specifically addresses this issue by requiring the transfer to be effective upon the department’s receipt of any delegated federal authority. If the Federal Office of Pipeline Safety did not grant the authority over hazardous liquid pipelines specifically to the Department of Ecology, the authority would remain with the UTC.”

      Senator Morton: “Thank you, Senator Spanel.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2420, as amended by the Senate under suspension of the rules.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2420, as amended by the Senate under suspension of the rules, the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Sellar and Thibaudeau - 2.

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2420, 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 Betti Sheldon, the Senate advanced to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2850, by House Committee on Finance (originally sponsored by Representatives Reardon, Schoesler, Scott, D. Schmidt, Tokuda, Skinner, Thomas, Clements, Dunshee, McIntire and Pennington)

 

      Modifying the tax treatment of linen and uniform supply services.

 

      The bill was read the second time.

 

MOTION

 

      Senator Loveland moved that the following Committee on Ways and Means striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that linen and uniform supply services have been incorrectly sited for tax purposes and as a result, some companies that perform laundry activities outside the state of Washington have not been required to collect retail sales taxes upon linen and uniform supply services provided to Washington customers. This error in tax treatment provides an incentive for businesses to locate their laundry functions out-of-state. In-state businesses cannot compete if out-of-state competitors are not required to collect sales tax.

       The purpose of this act is to clarify the taxable situs of linen and uniform supply services.

       Sec. 2. RCW 82.14.020 and 1997 c 201 s 1 are each amended to read as follows:

       For purposes of this chapter:

       (1) A retail sale consisting solely of the sale of tangible personal property shall be deemed to have occurred at the retail outlet at or from which delivery is made to the consumer((;)).

       (2) A retail sale consisting essentially of the performance of personal business or professional services shall be deemed to have occurred at the place at which such services were primarily performed, except that for the performance of a tow truck service, as defined in RCW 46.55.010, the retail sale shall be deemed to have occurred at the place of business of the operator of the tow truck service((;)).

       (3) A retail sale consisting of the rental of tangible personal property shall be deemed to have occurred (a) in the case of a rental involving periodic rental payments, at the primary place of use by the lessee during the period covered by each payment, or (b) in all other cases, at the place of first use by the lessee((;)).

       (4) A retail sale within the scope of ((the second paragraph of)) RCW 82.04.050(2), and a retail sale of taxable personal property to be installed by the seller shall be deemed to have occurred at the place where the labor and services involved were primarily performed((;)).

       (5) A retail sale consisting of the providing to a consumer of telephone service, as defined in RCW 82.04.065, other than a sale of tangible personal property under subsection (1) of this section or a rental of tangible personal property under subsection (3) of this section, shall be deemed to have occurred at the situs of the telephone or other instrument through which the telephone service is rendered((;)).

       (6) A retail sale of linen and uniform supply services shall be deemed to have occurred at the place of delivery to the customer. "Linen and uniform supply service" means the activity of providing customers with a supply of clean linen, towels, uniforms, gowns, protective apparel, clean room apparel, mats, rugs, and similar items, whether ownership of the item is in the person operating the linen and uniform supply service or in the customer. The term includes supply services operating their own cleaning establishments as well as those contracting with other laundry or dry cleaning businesses.

       (7) "City" means a city or town((;)).

       (((7))) (8) The meaning ascribed to words and phrases in chapters 82.04, 82.08 and 82.12 RCW, as now or hereafter amended, insofar as applicable, shall have full force and effect with respect to taxes imposed under authority of this chapter((;)).

       (((8))) (9) "Taxable event" shall mean any retail sale, or any use of an article of tangible personal property, upon which a state tax is imposed pursuant to chapter 82.08 or 82.12 RCW, as they now exist or may hereafter be amended: PROVIDED, HOWEVER, That the term shall not include a retail sale taxable pursuant to RCW 82.08.150, as now or hereafter amended((;)).

       (((9))) (10) "Treasurer or other legal depository" shall mean the treasurer or legal depository of a county or city.

       NEW SECTION. Sec. 3. This act takes effect July 1, 2000."

 

MOTION

 

      On motion of Senator Loveland, the following amendment to the Committee on Ways and Means striking amendment was adopted:

       On page 1, line 20 of the amendment, after "chapter" insert "and chapter 82.08 RCW"

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 2850.

      The motion by Senator Loveland carried and the Committee on Ways and Means striking amendment, as amended, was adopted.

 

MOTIONS

 

      On motion of Senator Loveland, 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 82.14.020; creating a new section; and providing an effective date."

      On motion of Senator Loveland, the rules were suspended, Substitute House Bill No. 2850, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

POINT OF INQUIRY

 

      Senator Deccio: “Senator Loveland, this is no time for nitpicking, but on line sixteen on the first page of the committee amendment, the word ‘situs’ is used and I was just checking with the Secretary whether that should be ‘status’ or if that is the correct word?”

      Senator Loveland: “‘Situs’ would be correct--the place--at the place.”

      Senator Deccio: “Thank you. Next time, I will take my glasses off, so I won’t spot it.”

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2850, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2850, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.

     Voting yea: Senators 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.

     Voting nay: Senators Bauer and Snyder - 2.

     Absent: Senator West - 1.

    Excused: Senator Sellar - 1.

      SUBSTITUTE HOUSE BILL NO. 2850, 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 Hale, Senator West was excused.

 

SECOND READING

 

      SENATE BILL NO. 6216, by Senators Haugen, Loveland, Gardner, T. Sheldon and Rasmussen

 

      Defining rural counties for purposes of sales and use tax for public facilities in rural counties.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 6216 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 Senate Bill No. 6216.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6216 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Sellar and West - 2.

      SENATE BILL NO. 6216, 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.

 

SECOND READING

 

      SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4428, by House Committee on State Government (originally sponsored by Representatives Conway, D. Schmidt, O’Brien, Campbell, Lovick, Miloscia, Talcott, Bush, Woods, Haigh, Radcliff, Kenney, Kessler,

      Creating a joint select committee on veterans and military affairs.

 

      The concurrent resolution was read the second time.

 

MOTION

 

      On motion of Senator Goings, the rules were suspended, Substitute House Concurrent Resolution Bill No. 4428 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 Substitute House Concurrent Resolution No. 4428.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Concurrent Resolution No. 4428 and the concurrent resolution passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Sellar and West - 2.

      SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4428, having received the constitutional majority, was declared passed.

 

MOTION

 

      On motion of Senator Snyder, all bills passed today were ordered to be immediately transmitted to the House of Representatives.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate reverted to the third order of business.

 

MESSAGE FROM THE GOVERNOR

 

March 8, 2000

TO THE HONORABLE, THE SENATE

      AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      In compliance with the provision of Section 11 of Article III of the Constitution of the State of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 1999 First Special Session of the 56th Legislature, copy of which is attached.

Respectfully submitted.

EVERETT H. BILLINGSLEA, General Counsel

 

FULL AND UNCONDITIONAL PARDON

OF

KARLO ALEXIS REYES

 

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

      WHEREAS, on November 20, 1994, Karlo Alexis Reyes, then age 18, was returning from a party in Bremerton, Washington to Seattle with a group of other youths. The group stopped at a convenience store in or near Bremerton. At the store, an alteration and shouting match broke out between the group with which Mr. Reyes was traveling and another group of youths. Mr. Reyes fired gunshots from the car he was riding in, injuring one young man. The car sped away, but was later apprehended. Mr. Reyes was arrested and charged with second degree assault with a deadly weapon. He accepted full responsibility for the crime, and in May of 1995 pled guilty to the charge and served time at the Washington State Reformatory in Monroe from June 1995 through July 1996. He was then transferred to immigration custody until he was bonded out on August 2, 1996. The remainder of his state sentence was served in community placement. Mr. Reyes had no prior offenses, and has remained law-abiding since his release from prison. This is the sole criminal offense in his life.

      WHEREAS, the United State Immigration and Naturalization Service has issued an order to deport Mr. Reyes to the Phillippines for having committed a crime of moral turpitude and having committed an aggravated felony. The order is effective at 9:30 a.m. on September 14, 1999. Categorizing Mr. Reyes as an “aggravated felon” was made possible only due to the passage on September 30, 1996, of the federal Illegal Immigration Reform and Immigrant Responsibility Act in 1996. Under that act, the immigration laws were changed with retroactive effect to include Mr. Reyes’ crime and sentence of more than one year. Under the laws in place at the time that Mr. Reyes entered his guilty plea, the definition of “aggravated felon” did not apply to him. Moreover, the new federal act precludes Mr. Reyes from filing any waivers for relief and eliminates appeal to the federal courts. Pursuant to 8 U.S.C. Section 1251 (a), a full and unconditional pardon is the only avenue of relief that will allow Mr. Reyes to continue his life in the United States.

      WHEREAS, Mr. Reyes was a model prisoner while incarcerated and was commended by the prison counselor. At the request of the Assistant Superintendent, he spoke to young visitors to the prison. Mr. Reyes has accepted full responsibility for his actions. He has pre-paid all restitution and has had no prior or subsequent arrest or charges. He has severed all ties with acquaintances and friends prior to this offense. Convincing testimony that Mr. Reyes was never a gang member was presented to the Clemency and Pardons Board. Well-know Seattle School District youth counselor Mr. Tom Nakao spoke on Mr. Reyes’ behalf at the Clemency and Pardons Board Hearing, and approximately two years later made a personal plea to the Governor to be merciful to Mr. Reyes, as one of his final acts before his death of cancer. Mr. Reyes is now beginning his senior year at the University of Washington, is working several part-tine jobs and has maintained a respectable grade point average.

      WHEREAS, Mr. Reyes moved to the United States from the Philippines with his family when he was approximately five years old, and became a permanent resident on February 6, 1993. Today his immediate and much of his extended family lives in Washington. Mr. Reyes does not speak any of the languages of the Philippines and has no allegiance to that country. The Clemency and Pardons Board was convinced that Mr. Reyes has fully paid for his actions, will be a worthy and productive member of society in the United States, and that deporting him to the Philippines would serve no purpose other than to destroy the hope and opportunity for this young man to complete his education and live a productive life in the United States with his family.

      WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and the purpose for Mr. Reyes’ request, and in light of the circumstances of the crime and all other factors, I have determined that the best interest of justice will be served by this action;

      NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Karlo Alexis Reyes this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States. This Full and Unconditional Pardon does not restore the right to receive, possess, own, ship or transport firearms and shall not under any circumstances be construed to remove any disability related to firearms under any state or federal law.

 

                                                      IN WITNESS WHEREOF, I have hereunto set my hand and caused

                                                      the seal of the State of Washington to be affixed at Olympia on this

                                                      13th day of September, A.D., nineteen hundred ninety nine.

       

(SEAL)                                                                                                                                                                                      GARY LOCKE

Governor of Washington

BY THE GOVERNOR

Donald F. Whiting

Assistant Secretary of State

 

      There being no objection, the President advanced the Senate to the fourth order of business.

 

MESSAGES FROM THE HOUSE

 

March 8, 2000

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:

      HOUSE BILL NO. 2400,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2647,

      HOUSE BILL NO. 2807,

      SUBSTITUTE HOUSE BILL NO. 2903,

      SUBSTITUTE HOUSE BILL NO. 2912.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

 

March 8, 2000

MR. PRESIDENT:

      The House receded from its amendment(s) to ENGROSSED SENATE BILL NO. 6555 and passed the bill without the House amendment(s), and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

 

March 8, 2000

MR. PRESIDENT:

      The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 6336 and passed the bill without the House amendment(s), and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

 

SIGNED BY THE PRESIDENT

 

      The President signed:

      SUBSTITUTE SENATE BILL NO. 6336,

      ENGROSSES SUBSTITUTE SENATE BILL NO. 6487,

      ENGROSSED SENATE BILL NO. 6555,

      SUBSTITUTE SENATE BILL NO. 6557,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6559,

      SENATE BILL NO. 6570,

      SUBSTITUTE SENATE BILL NO. 6663,

      SUBSTITUTE SENATE BILL NO. 6675,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6676,

      SECOND SUBSTITUTE SENATE BILL NO. 6811,

      SUBSTITUTE SENATE BILL NO. 6812.

 

MOTION

 

      At 5:55 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Thursday, March 9, 2000.

 

BRAD OWEN, President of the Senate

 

TONY M. COOK, Secretary of the Senate