CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1389
Chapter 302, Laws of 1991
(partial veto)
52nd Legislature
1991 Regular Session
FRESHWATER AQUATIC WEED CONTROL
EFFECTIVE DATE: 7/1/91
Passed by the House March 19, 1991
Yeas 87 Nays 9
JOE KING
Speaker of the
House of Representatives
Passed by the Senate April 16, 1991
Yeas 33 Nays 14
JOEL PRITCHARD
President of the Senate
Approved May 20, 1991, with
the exception of section 5,
which is vetoed.
BOOTH GARDNER
Governor of the State of Washington
CERTIFICATE
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1389 as passed by the House of Representatives and the Senate on the dates hereon set forth.
ALAN THOMPSON Chief Clerk
FILED
May 20, 1991 - 2:11 p.m.
Secretary of State
State of Washington
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ENGROSSED SUBSTITUTE HOUSE BILL 1389
_______________________________________________
AS AMENDED BY THE SENATE
Passed Legislature - 1991 Regular Session
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Environmental Affairs (originally sponsored by Representatives Fraser, Winsley, Rust and Belcher).
Read first time February 22, 1991.
AN ACT Relating to aquatic plants; adding new sections to chapter 43.21A RCW; adding a new section to chapter 46.16 RCW; creating new sections; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature hereby finds that Eurasian water milfoil and other freshwater aquatic weeds can adversely affect fish populations, reduce habitat for desirable plant and wildlife species, and decrease public recreational opportunities. The legislature further finds that the spread of freshwater aquatic weeds is a state-wide problem and requires a coordinated response among state agencies, local governments, and the public. It is therefore the intent of the legislature to establish a funding source to reduce the propagation of Eurasian water milfoil and other freshwater aquatic weeds and to manage the problems created by such freshwater aquatic plants.
NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:
The freshwater aquatic weeds account is hereby created in the state treasury. Expenditures from this account may only be used as provided in section 4 of this act. Moneys in the account may be spent only after appropriation.
NEW SECTION. Sec. 3. A new section is added to chapter 46.16 RCW to read as follows:
In addition to any other fee required under this chapter, boat trailers shall annually pay a fee of three dollars. The proceeds of this fee shall be deposited in the freshwater aquatic weeds account under section 2 of this act.
NEW SECTION. Sec. 4. A new section is added to chapter 43.21A RCW to read as follows:
Funds in the freshwater aquatic weeds account may be appropriated to the department of ecology to develop a freshwater aquatic weeds management program to:
(1) Issue grants to cities, counties, and state agencies to prevent, remove, reduce, or manage excessive freshwater aquatic weeds. Such grants shall only be issued for lakes, rivers, or streams with a public boat launching ramp. The department shall give preference to projects having matching funds or in-kind services;
(2) Develop public education programs relating to preventing the propagation and spread of freshwater aquatic weeds;
(3) Provide technical assistance to local governments and citizen groups; and
(4) Fund demonstration or pilot projects consistent with the purposes of this section.
*
NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1991, in the omnibus appropriations act, this act shall be null and void.
*Sec. 5 was vetoed, see message at end of chapter.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991, except section 3 of this act shall be effective for vehicle registrations that expire August 31, 1992, and thereafter.
Passed the House March 19, 1991.
Passed the Senate April 16, 1991.
Approved by the Governor May 20, 1991, with the exception of certain items which were vetoed.
Filed in Office of Secretary of State May 20, 1991.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to section 5, Engrossed Substitute House Bill No. 1389 entitled:
"AN ACT Relating to aquatic plants."
This bill assesses an annual $3.00 surcharge on boat trailers in order to fund a program to address the serious environmental damage and loss of recreational opportunities caused by freshwater aquatic weeds. These problem weeds are difficult to check because these plants are usually non-native and lack any natural biological controls. Boats and trailers have been identified as a source of the spread of such problem weeds and therefore the funding mechanism contained in this bill is appropriately user-fee based.
While the legislature provided the funding mechanism, it neglected to provide an appropriation for the expenditure of these funds. I believe that establishing and funding of the freshwater aquatic weeds account is an important first step in addressing the damage caused by these weeds and will work with the legislature to provide the authority necessary to begin program operations. For this reason, I have vetoed section 5, the "null and void" clause, of Engrossed Substitute House Bill No. 1389.
With the exception of section 5, Engrossed Substitute House Bill No. 1389 is approved."