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SIXTY-SECOND DAY

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MORNING SESSION

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Senate Chamber, Olympia, Saturday, March 13, 1993

     The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Bluechel, Deccio, McCaslin and Niemi. On motion of Senator Oke, Senators Bluechel, Deccio and McCaslin were excused. On motion of Senator Spanel, Senator Niemi was excused.

     The Sergeant at Arms Color Guard, consisting of Pages Charryse Birge and Mike Chong, presented the Colors. Reverend Charles Leps, pastor of the Gloria Dei Lutheran Church of Olympia, offered the prayer.

MOTION

     On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.

REPORT OF STANDING COMMITTEE

March 12, 1993

SB 5306          Prime Sponsor, Senator Pelz: Reforming education. Reported by Committee on Ways and Means

     MAJORITY recommendation: That Second Substitute Senate Bill No. 5306 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Moyer, Owen, Pelz, Snyder, Sutherland, Williams, and Wojahn.

     Passed to Committee on Rules for second reading.

MESSAGE FROM THE GOVERNOR

March 12, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

     I have the honor to advise you that on March 12, 1993, Governor Lowry approved the following Senate Bills entitled:

     SENATE BILL NO. 5166

     Relating to refunding revenue bonds for the department of transportation.

     SENATE BILL NO. 5956

     Relating to establishing a commission on ethics in government and

     campaign practices.

Sincerely,

ED FLEISHER, Legal Counsel to the Governor

MESSAGES FROM THE HOUSE

March 11, 1993

MR. PRESIDENT:

     The House has passed:

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1059,

     HOUSE BILL NO. 1130,

     HOUSE BILL NO. 1244,

     HOUSE BILL NO. 1246,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1249,

     HOUSE BILL NO. 1255,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1259,

     HOUSE BILL NO. 1395,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1500,

     SUBSTITUTE HOUSE BILL NO. 1528,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1603,

     SUBSTITUTE HOUSE BILL NO. 1612,

     HOUSE BILL NO. 1651,

     HOUSE BILL NO. 1689,

     SUBSTITUTE HOUSE BILL NO. 1721,

     SUBSTITUTE HOUSE BILL NO. 1728,

     SUBSTITUTE HOUSE BILL NO. 1741,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1761,

     HOUSE BILL NO. 1764,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1768,

     HOUSE BILL NO. 1769,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818,

     HOUSE BILL NO. 1833,

     SUBSTITUTE HOUSE BILL NO. 1844,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1849,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1897,

     SUBSTITUTE HOUSE BILL NO. 1910,

     SUBSTITUTE HOUSE BILL NO. 1941,

     HOUSE BILL NO. 1943,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1957,

     SUBSTITUTE HOUSE BILL NO. 1976,

     HOUSE BILL NO. 1985, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

March 11, 1993

MR. PRESIDENT:

     The House has passed:

     ENGROSSED HOUSE BILL NO. 1177,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1369,

     HOUSE BILL NO. 1495,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512,

     SUBSTITUTE HOUSE BILL NO. 1520,

     SUBSTITUTE HOUSE BILL NO. 1580,

     SUBSTITUTE HOUSE BILL NO. 1619,

     SUBSTITUTE HOUSE BILL NO. 1681,

     SUBSTITUTE HOUSE BILL NO. 1737,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820,

     SUBSTITUTE HOUSE BILL NO. 1977,

     HOUSE BILL NO. 1993,

     HOUSE BILL NO. 2029,

     HOUSE BILL NO. 2066,

     HOUSE JOINT MEMORIAL NO. 4013, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

March 11, 1993

MR. PRESIDENT:

     The House has passed:

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,

     SUBSTITUTE HOUSE BILL NO. 1183,

     SUBSTITUTE HOUSE BILL NO. 1221,

     SUBSTITUTE HOUSE BILL NO. 1469,

     HOUSE BILL NO. 1521,

     HOUSE BILL NO. 1530,

     SUBSTITUTE HOUSE BILL NO. 1544,

     SUBSTITUTE HOUSE BILL NO. 1566,

     SUBSTITUTE HOUSE BILL NO. 1578,

     SUBSTITUTE HOUSE BILL NO. 1602,

     SUBSTITUTE HOUSE BILL NO. 1673,

     ENGROSSED HOUSE BILL NO. 1756,

     SUBSTITUTE HOUSE BILL NO. 1808,

     HOUSE BILL NO. 1812,

     SUBSTITUTE HOUSE BILL NO. 1914,

     SUBSTITUTE HOUSE BILL NO. 1931,

     HOUSE BILL NO. 1956,

     SUBSTITUTE HOUSE BILL NO. 1973,

     SUBSTITUTE HOUSE BILL NO. 2023, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

March 11, 1993

MR. PRESIDENT:

     The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997, and the same is herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

ESHB 1059     by House Committee on Judiciary (originally sponsored by Representatives Franklin, Scott, Anderson, R. Fisher, Thibaudeau, Ludwig, Pruitt, Jacobsen, Flemming, J. Kohl, Wineberry, Riley, G. Cole, Forner, Appelwick, Johanson, Karahalios and Wang)

Revising provisions relating to areas where weapons are restricted.

Referred to Committee on Law and Justice.

ESHB 1085     by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Jacobsen, Pruitt, Romero, J. Kohl, Leonard, Basich, Shin, Wood, Dunshee, R. Meyers, Brough, Kessler, Johanson and Wolfe)

Authorizing institutions of higher education to develop and fund transportation demand management programs.

Referred to Committee on Transportation.

HB 1130          by Representatives Ludwig, Riley, Ballasiotes, Basich, Brough and Orr (by request of Washington State Patrol)

Modifying furlough notification requirements.

Referred to Committee on Law and Justice.

EHB 1177       by Representatives Jacobsen, R. Fisher, Dunshee, King, Johanson, R. Meyers, J. Kohl, Springer and Orr

Requiring an evaluation of the potential for wildlife enhancement projects on state rights of way.

Referred to Committee on Transportation.

SHB 1183       by House Committee on Judiciary (originally sponsored by Representatives Chappell, Brumsickle, Riley, Tate, Sehlin, Ludwig, H. Myers, Johanson, Brough, Van Luven, R. Meyers, Ballard, Padden, Sheahan, Talcott, Roland, Long, Holm, Wang, Ballasiotes, Mielke, Wood, Foreman and Vance)

Making it a crime for a person under age twenty-one to be under the influence of intoxicating liquor or drugs in public.

Referred to Committee on Law and Justice.

SHB 1221       by House Committee on Appropriations (originally sponsored by Representatives G. Cole, Ballard, Flemming, Jacobsen, Veloria, Cothern, Dellwo, Thibaudeau, Appelwick, Johanson, Orr, Scott, Ballasiotes, Silver, Lisk, Leonard, Cooke, J. Kohl, L. Johnson, Mielke and Kremen)

Centralizing poison information services.

Referred to Committee on Health and Human Services.

HB 1244          by Representatives Franklin, Heavey, King, G. Cole, Springer, Jones and Veloria

Providing for payments for time lost from work while attending a medical examination for industrial insurance.

Referred to Committee on Labor and Commerce.

HB 1246          by Representatives G. Cole, Heavey, King, Franklin, Jones, Veloria and Johanson

Revising provisions for maintaining employee benefits for temporarily disabled workers.

Referred to Committee on Labor and Commerce.

ESHB 1249     by House Committee on Appropriations (originally sponsored by Representatives Heavey, King, Franklin, Orr, G. Cole, Jones, Veloria, Johanson and R. Meyers)

Increasing industrial insurance partial disability awards.

Referred to Committee on Labor and Commerce.

HB 1255          by Representatives Dellwo, Morris, Dyer, Flemming and Wood (by request of Department of Health)

Requiring podiatric physicians and surgeons to have one year of postgraduate podiatric medical training.

Referred to Committee on Health and Human Services.

ESHB 1259     by House Committee on Judiciary (originally sponsored by Representatives Locke, Appelwick, J. Kohl, Wang, Reams, Veloria, Johanson, L. Johnson, Flemming and Pruitt)

Allowing for the destruction of forfeited firearms.

Referred to Committee on Law and Justice.

ESHB 1369     by House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Brumsickle, Quall, Pruitt, Wood, Basich, G. Cole, Carlson, Orr, Bray, Rayburn, Finkbeiner, Flemming, Kessler, J. Kohl, Shin, Campbell, Lemmon, Johanson, Jones and L. Johnson)

Changing provisions relating to vocational education.

Referred to Committee on Higher Education.

HB 1395          by Representatives Scott, Long, G. Cole, Riley, Johanson, Leonard, Ogden, King and Locke

Allowing counties to impose additional marriage license fees for funding family services.

Referred to Committee on Health and Human Services.

SHB 1469       by House Committee on Corrections (originally sponsored by Representatives L. Johnson, Morris, Long and Thibaudeau)

Clarifying that the department of social and health services is not required to reimburse certain health care costs under the limited casualty program.

Referred to Committee on Health and Human Services.

HB 1495          by Representatives Dorn, Brough, Ogden, Rayburn, G. Cole, Springer and G. Fisher

Changing local effort assistance distribution.

Referred to Committee on Education.

ESHB 1500     by House Committee on Health Care (originally sponsored by Representatives R. Johnson, Dyer, L. Johnson and Mastin)

Modifying hearing aid regulatory authority.

Referred to Committee on Health and Human Services.

ESHB 1509     by House Committee on Appropriations (originally sponsored by Representatives Locke, Sommers, Silver, Jacobsen, Ludwig and Bray)

Increasing flexibility of institutions of higher education.

Referred to Committee on Higher Education.

ESHB 1512     by House Committee on Human Services (originally sponsored by Representatives Brough, Leonard, Chappell, Romero, Veloria, Riley, Karahalios, Horn, Wolfe, Ballasiotes, Talcott, G. Cole, Flemming and J. Kohl)

Changing provisions relating to dependent children.

Referred to Committee on Health and Human Services.

SHB 1520       by House Committee on Education (originally sponsored by Representatives Holm, Brumsickle, Wolfe, Chappell, Sheldon, Romero, Dorn, Basich, Kessler, Jones, Zellinsky, Pruitt, Brough, Cothern, Riley, King, R. Meyers, Rayburn and Quall) (by request of Superintendent of Public Instruction)

Expanding the use of skill centers.

Referred to Committee on Education.

HB 1521          by Representative Valle (by request of Office of Financial Management)

Funding the state auditor municipal corporation division.

Referred to Committee on Government Operations.

SHB 1528       by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Locke and R. Meyers) (by request of Office of Financial Management)

Modifying the state's cash management system.

Referred to Committee on Ways and Means.

HB 1530          by Representatives Morris, Foreman, Springer, Ogden, Carlson, Riley, Silver, Leonard, Chappell, H. Myers, Rayburn, Mastin, Thibaudeau, Anderson, Holm, Campbell, Brough, King, Hansen, Jones, Basich, Quall, Conway, Van Luven, Cothern, Long and Finkbeiner

Providing for continuation of property tax exemptions for senior citizens confined in hospitals and nursing homes.

Referred to Committee on Health and Human Services.

SHB 1544       by House Committee on Judiciary (originally sponsored by Representatives Appelwick and Johanson)

Requiring that criminal penalties set by cities and counties be the same as those set in state law.

Referred to Committee on Law and Justice.

SHB 1566       by House Committee on Judiciary (originally sponsored by Representative H. Myers)

Changing who gives notice of estate tax findings filings.

Referred to Committee on Law and Justice.

SHB 1578       by House Committee on Corrections (originally sponsored by Representatives L. Johnson, Morris, G. Cole, Padden, Riley, Edmondson, Mastin, Johanson, Jones, Basich, King, Valle, Campbell, Long, Shin, Springer, Karahalios, Roland, Rayburn, Conway, Kremen, Ogden, Cothern and H. Myers) (by request of Department of Corrections)

Revising provisions relating to offenders under the jurisdiction of the department of corrections.

Referred to Committee on Law and Justice.

SHB 1580       by House Committee on Higher Education (originally sponsored by Representatives Quall, Brumsickle, Jacobsen, Bray, Rayburn, Finkbeiner, Kessler, J. Kohl, Shin, G. Fisher, Springer, Romero, R. Johnson, Linville and Basich)

Requiring strategies to shorten time to degree and improve graduation rates.

Referred to Committee on Higher Education.

SHB 1602       by House Committee on Education (originally sponsored by Representatives Chappell, Cothern and Thomas) (by request of Superintendent of Public Instruction)

Changing election provisions for regional committee members.

Referred to Committee on Education.

ESHB 1603     by House Committee on Higher Education (originally sponsored by Representatives Locke, Jacobsen, Quall, Shin, R. Johnson, Zellinsky, Pruitt, Carlson, Jones, Basich, Wang, Patterson, Thibaudeau, R. Meyers, Kessler, Bray, Campbell, Dorn, G. Fisher, Springer, Karahalios, Roland, Eide, Sheldon, Finkbeiner, Ogden, Orr, Wineberry, Veloria, Morris, Hansen and Wolfe)

Reforming higher education tuition and financial aid.

Referred to Committee on Higher Education.

SHB 1612       by House Committee on Appropriations (originally sponsored by Representatives Morton, King, Basich, Kremen, Sheldon, Foreman, Fuhrman, Chandler and Padden)

Testing the feasibility of remote site incubators for salmon enhancement.

Referred to Committee on Natural Resources.

SHB 1619       by House Committee on Higher Education (originally sponsored by Representatives Shin, Jacobsen, Campbell, Finkbeiner, Sheldon, J. Kohl, Wood, Schoesler, Veloria, Dorn, G. Cole, Forner, Wineberry, Heavey, Edmondson, Cothern, Long, Horn, Pruitt, Quall, Basich and King)

Creating the Washington Task Force on International Education and Cultural Exchanges.

Referred to Committee on Higher Education.

HB 1651          by Representatives Anderson, Reams, Campbell, Valle, King, Pruitt and Jacobsen

Removing the sunset provisions from the naturopathy statutes.

Referred to Committee on Health and Human Services.

SHB 1673       by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Roland, Eide, Vance, Brough, Campbell, Wang, Jacobsen, Patterson and Forner)

Creating the aerospace industry legislative task force.

Referred to Committee on Trade, Technology and Economic Development.

SHB 1681       by House Committee on State Government (originally sponsored by Representatives Eide, Dyer, Pruitt, Vance, Kessler, Locke, G. Fisher, Anderson, Roland, Zellinsky, Brough, Jones, R. Meyers, Dorn, Leonard, Finkbeiner, J. Kohl and Johanson)

Requiring a statement of responsibility to accompany political advertising.

Referred to Committee on Law and Justice.

HB 1689          by Representatives Chappell, Springer, Appelwick, Riley, Campbell, Brough, Basich, J. Kohl and Johanson

Making it a misdemeanor to impersonate a law enforcement officer.

Referred to Committee on Law and Justice.

SHB 1721       by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives R. Meyers, Dorn, Zellinsky, Wang, Reams, G. Fisher, H. Myers and Mielke)

Authorizing jointly administered health and welfare benefits trusts for local government employees.

Referred to Committee on Health and Human Services.

SHB 1728       by House Committee on Judiciary (originally sponsored by Representative Appelwick) (by request of Law Revision Commission)

Correcting unconstitutional provisions relating to resident employees on public works.

Referred to Committee on Labor and Commerce.

SHB 1737       by House Committee on Judiciary (originally sponsored by Representatives Ballasiotes, Campbell, Dyer, Morris, Thomas, Schoesler, Chappell, Dorn, Riley, Anderson, H. Myers, Mielke, Van Luven, Cooke, Scott, Foreman, Jones, Ballard, Jacobsen, Brough, Kremen, Silver, Rayburn, G. Fisher, Orr, Long, Johanson, Schmidt and Wood)

Changing provisions relating to crimes against minors and developmentally disabled persons.

Referred to Committee on Law and Justice.

SHB 1741       by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Ludwig, Johanson and Orr)

Revising penalties for ignoring traffic tickets.

Referred to Committee on Law and Justice.

EHB 1756       by Representatives Veloria, Brumsickle and Casada

Requiring the use of licensed or certified electricians for certain purposes.

Referred to Committee on Labor and Commerce.

ESHB 1761     by House Committee on Local Government (originally sponsored by Representatives H. Myers, Edmondson, Bray, Pruitt, Appelwick, R. Fisher, Wineberry, Peery, Wood, Eide, Cothern, Ogden, Jones, Ludwig, Riley, Ballard, Springer, Linville, Rayburn, Kessler, Brown, Long, Chandler, Foreman, Mastin, Johanson, Sehlin, L. Johnson, Morris, Karahalios, Lemmon, Hansen, Cooke and Forner)

Clarifying and extending dates established under the growth management act.

Referred to Committee on Government Operations.

HB 1764          by Representatives Basich, Dorn, Carlson, Jacobsen, Wood, Roland, Karahalios, Eide, Brumsickle, G. Cole, Rayburn, G. Fisher, Leonard, Linville, Wineberry, Kremen, Pruitt, Brough, Wang, Quall, Flemming, Johanson, L. Johnson, J. Kohl, H. Myers, Hansen, Patterson and Anderson

Encouraging common schools serving students in grades seven through twelve to offer opportunities for students to do volunteer community service.

Referred to Committee on Education.

ESHB 1768     by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Padden and Johanson)

Creating a courthouse facilitator program.

Referred to Committee on Law and Justice.

HB 1769          by Representatives Linville, R. Johnson, Dunshee, Wolfe, Pruitt, Rust, Karahalios, Stevens, Schoesler, Jacobsen, Basich and J. Kohl

Expanding the authority of the interagency committee for outdoor recreation regarding recreational trails.

Referred to Committee on Ecology and Parks.

SHB 1808       by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Shin, Mastin, Forner, Wineberry, Rayburn, Jones, Cothern, J. Kohl, Wang, Van Luven, Chandler and Linville)

Creating the Washington council on international trade.

Referred to Committee on Trade, Technology and Economic Development.

HB 1812          by Representatives Jones, Dorn, R. Meyers, Schmidt, Pruitt, Kessler, Karahalios and Carlson

Changing teacher evaluations for teachers with at least four years of satisfactory evaluations.

Referred to Committee on Education.

ESHB 1818     by House Committee on Appropriations (originally sponsored by Representatives Karahalios, Sehlin, R. Meyers, Schmidt, Peery, Wood, Zellinsky, Edmondson, Stevens, Schoesler, Flemming, Mielke, Thomas, Foreman, Eide, Campbell, Pruitt, Holm and Talcott)

Providing for military dependent communities.

Referred to Committee on Trade, Technology and Economic Development.

ESHB 1820     by House Committee on Education (originally sponsored by Representatives Dorn, Brough, Brumsickle, Heavey, Vance, Mastin, R. Meyers, Jones, Peery, Cothern, Campbell, Orr, Holm, Carlson, Springer, Stevens, Jacobsen, Thomas, Pruitt, Foreman, Finkbeiner, Lemmon, Leonard, Rayburn, Riley, Patterson, Conway, King, Johanson, Roland, Tate, Karahalios, Mielke, Eide, Wolfe, Romero, Edmondson, Morris, Shin, G. Fisher, Horn, L. Johnson, Thibaudeau, Kremen, Basich, Miller, J. Kohl, H. Myers, Long, Cooke, Fuhrman, Van Luven, Talcott, Forner, Ballasiotes, Hansen, Kessler, Silver and Wood)

Creating the school-to-work transitions program.

Referred to Committee on Education.

HB 1833          by Representatives Jacobsen and Appelwick

Conforming statutes relating to firearm handling by minors.

Referred to Committee on Law and Justice.

SHB 1844       by House Committee on Natural Resources and Parks (originally sponsored by Representatives Horn, Rust, Van Luven, Appelwick, Wineberry, Edmondson, Forner, Brumsickle, Long, Foreman, Chandler, Dyer, Ballard, Cooke, Miller, Vance, Finkbeiner, Reams and Silver)

Establishing procedures by which owners of single-family residences may use lake water for noncommercial landscape irrigation.

Referred to Committee on Energy and Utilities.

ESHB 1849     by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Mielke, Peery, Kessler, Dyer, R. Johnson, Jones, R. Meyers, Jacobsen and Kremen)

Providing for security of automated teller machines and night depositories.

Referred to Committee on Labor and Commerce.

ESHB 1897     by House Committee on Human Services (originally sponsored by Representatives Thibaudeau, Leonard, Brown, Patterson, J. Kohl and L. Johnson)

Modifying provisions regarding mental health.

Referred to Committee on Health and Human Services.

SHB 1910       by House Committee on Capital Budget (originally sponsored by Representatives Silver, Wang, Sommers, Brough, Mielke, Foreman, Dyer, Brumsickle, Long, Edmondson, Horn, Casada, Wood, Flemming, Morton, Miller, Cooke, Forner and Anderson)

Creating an inventory system for state-owned or leased facilities.

Referred to Committee on Government Operations.

SHB 1914       by House Committee on Human Services (originally sponsored by Representatives Brown, Long, Johanson, L. Johnson, Edmondson, Cothern, Scott, Wood, Leonard, Brough, Kremen, Dyer, Brumsickle, Jones, King, Carlson, Karahalios, Schoesler, Hansen, Lemmon, Springer, Rayburn, Patterson, J. Kohl and Cooke)

Allowing volunteers to assist agencies with at-risk youth.

Referred to Committee on Government Operations.

SHB 1931       by House Committee on Transportation (originally sponsored by Representatives Schmidt, Zellinsky and Wood)

Regulating steamboat operators.

Referred to Committee on Transportation.

SHB 1941       by House Committee on Education (originally sponsored by Representatives Cothern, Foreman, L. Johnson, Jones, Vance, Campbell, Pruitt, Shin, Holm, Springer, Brough, Horn, King, J. Kohl, Hansen, Johanson, Miller, Long, Casada, Edmondson, Mielke and Karahalios)

Requiring school districts to notify parents of students carrying dangerous weapons at school.

Referred to Committee on Education.

HB 1943          by Representatives Brumsickle, Jacobsen, Dorn, Quall, Shin, L. Johnson, King and Long

Allowing community and technical college foundations to manage funds for their exceptional faculty awards.

Referred to Committee on Higher Education.

HB 1956          by Representatives Cothern, Locke, Wolfe and Springer (by request of Department of Social and Health Services)

Requiring computerized collection of health insurance coverage provided by certain state entities.

Referred to Committee on Health and Human Services.

ESHB 1957     by House Committee on Health Care (originally sponsored by Representatives Dellwo, Wolfe, R. Meyers, Pruitt, L. Johnson, J. Kohl, Conway and Karahalios) (by request of Insurance Commissioner)

Creating the Washington health care coverage determination board.

Referred to Committee on Health and Human Services.

SHB 1973       by House Committee on Appropriations (originally sponsored by Representatives Quall, Linville, Locke, Sheldon, L. Johnson, Cothern, Basich, Kessler, Holm and J. Kohl)

Allowing people to take early retirement who filed late applications.

Referred to Committee on Ways and Means.

SHB 1976       by House Committee on Judiciary (originally sponsored by Representatives Scott, Riley and Anderson)

Requiring firearms dealers to offer trigger-locking devices.

Referred to Committee on Law and Justice.

SHB 1977       by House Committee on Natural Resources and Parks (originally sponsored by Representatives Schoesler, Sheahan, Rayburn, Chappell, Vance, Morton, Dyer, Fuhrman, Long, Chandler, Brumsickle, Foreman and Mastin)

Clarifying authorization for water right certificate holders to participate in acreage expansion programs.

Referred to Committee on Energy and Utilities.

HB 1985          by Representatives Mielke, Zellinsky, Dyer, R. Johnson, Kremen, Anderson, Dorn, Peery, R. Meyers, Kessler, Grant, Reams, Appelwick, Schmidt and Tate

Regulating liquidators' rights to collect premiums.

Referred to Committee on Labor and Commerce.

HB 1993          by Representatives Finkbeiner, Jacobsen, Quall, Wood, Brumsickle, Ogden, Basich, Dellwo and Miller

Making technical amendments to the future teachers and the health professionals conditional scholarship programs to continue existing repayment regulations.

Referred to Committee on Higher Education.

ESHB 1997     by House Committee on Higher Education (originally sponsored by Representatives Quall, Jacobsen, Ogden, Brumsickle, Miller, Basich, Shin, Locke, Wood, Silver and J. Kohl)

Redefining the relationship between the state and its postsecondary institutions.

Referred to Committee on Higher Education.

SHB 2023       by House Committee on Transportation (originally sponsored by Representative R. Meyers)

Transferring jurisdiction for certain roads and highways.

Referred to Committee on Transportation.

HB 2029          by Representatives Dorn, Brough, Holm, Zellinsky and Rayburn (by request of Superintendent of Public Instruction)

Changing funding procedures for high school students enrolled in the running start program in community or technical colleges.

Referred to Committee on Higher Education.

HB 2066          by Representatives J. Kohl, Wang, G. Cole, Silver, Leonard, R. Fisher, Patterson, Peery, Locke, Pruitt, Brough, Cothern, Appelwick and Eide

Changing school levy provisions.

Referred to Committee on Education.

HJM 4013       by Representatives Kessler, Basich, Riley, Jones, Holm and J. Kohl

Petitioning the federal government for coastal economic recovery investment.

Referred to Committee on Trade, Technology and Economic Development.

SECOND READING

     SENATE BILL NO. 5744, by Senators Haugen, Loveland, Vognild, Winsley and M. Rasmussen

Changing provisions concerning streets that are part of the state highway system.

MOTIONS

     On motion of Senator Vognild, Substitute Senate Bill No. 5744 was substituted for Senate Bill No. 5744 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5744 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5744.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5744 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

     Excused: Senators Bluechel, Deccio, McCaslin and Niemi - 4.

     SUBSTITUTE SENATE BILL NO. 5744, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

     SENATE BILL NO. 5620, by Senators Loveland and Jesernig

Permitting a special excise tax on hotel, motel, roominghouse, and trailer camp charges for a trade recreation agricultural center in Pasco.

MOTIONS

     On motion of Senator Rinehart, Substitute Senate Bill No. 5620 was substituted for Senate Bill No. 5620 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5620 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

POINT OF INQUIRY

     Senator Nelson: "Senator Loveland, as I read this bill now, is it correct to say that this is an additional tax that is specifically identified only for Pasco, Washington?"

     Senator Loveland: "Yes sir."

     Senator Nelson: "Thank you."

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5620.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5620 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Voting nay: Senators Anderson, Roach and Smith, L. - 3.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SUBSTITUTE SENATE BILL NO. 5620, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

     SENATE BILL NO. 5660, by Senators M. Rasmussen, Barr, Deccio, Loveland, Snyder, Fraser, Skratek, Sheldon, Drew, Prince, Winsley, Erwin, Bluechel, Amondson and Franklin

Developing the Washington state citizens' exchange program.

     The bill was read the second time.

MOTION

     On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5660 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 Senate Bill No. 5660.

ROLL CALL

     The Secretary called the roll on the final passage of Senate Bill No. 5660 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     SENATE BILL NO. 5660, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

     SENATE BILL NO. 5638, by Senators Skratek, Drew, Roach, Haugen, Quigley, M. Rasmussen and Oke

Modifying property tax valuation of property affected by growth management regulations.

     The bill was read the second time.

MOTION

     Senator Snyder moved that the following amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen be adopted:

     On page 2, line 11, after "36.70A RCW" insert "that result in a reduction in value would be a taking of property as established in Article I, section 16 of the state Constitution or as defined in statute"

POINT OF ORDER

     Senator Haugen: "A point of order, Mr. President. I would ask for a ruling on the scope and object of this amendment to this bill. The original bill is a bill dealing with telling the assessors that they are to consider comprehensive land use plans and to develop regulations before making appraisal and this amendment is very obviously outside of that scope."

     Debate ensued.

MOTION

     On motion of Senator Jesernig, further consideration of Senate Bill No. 5638 was deferred.

SECOND READING

     SENATE BILL NO. 5940, by Senators Owen, Haugen, Spanel, Snyder, Oke, McAuliffe, Sutherland and Franklin (by request of Governor Lowry)

Creating the department of fish and wildlife.

MOTIONS

     On motion of Senator Owen, Substitute Senate Bill No. 5940 was substituted for Senate Bill No. 5940 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Owen, the following amendments were considered simultaneously and were adopted:

     On page 15, line 3, after "director," strike everything through "wildlife" and insert "((and the director of wildlife))"

     On page 47, beginning on line 29, strike section 79

     Renumber the remaining sections consecutively and correct any internal references accordingly.

MOTIONS

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

     On page 1, beginning on line 14 of the title, after "sections;" strike "repealing RCW 77.04.080;"

     On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 5940 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

     Senator Erwin: "Senator Owen, I am concerned about the Wildlife Commission and I've voiced that concern in committee. Can you give some assurances that Governor Lowry won't veto the section having to do with the Wildlife Commission?"

     Senator Owen: "Well, I can give you some assurances that the bill as it reads right now has the Wildlife Commission in it. It also has the dedicated funds in tact for Wildlife and it is well. I don't know how I would give you the assurance of what the Governor is going to do, but I will assure that there are several of us on this floor who will be meeting with the Governor to insure that the Wildlife Commission is in tact. As you well know, we had dozens and dozens of people in our committee meeting that expressed an interest in merging the two departments, but only if, in fact, the commission was left in tact. So, that is what our endeavor will be."

     Senator Erwin: "Your assurance that you will be meeting with the Governor is sufficient. Thank you, I'll be supporting this bill."

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5940.

ROLL CALL

     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5940 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 39.

     Voting nay: Senators Anderson, Barr, Hochstatter, Nelson, Roach, von Reichbauer and West - 7.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5940, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

     At 8:44 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

     The Senate was called to order at 9:59 a.m. by President Pritchard.

     There being no objection, the Senate resumed consideration of Senate Bill No. 5638 and the pending amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 2, line 11, deferred earlier today.

RULING BY THE PRESIDENT

     President Pritchard: "In ruling upon the point of order raised by Senator Haugen, the President finds that Senate Bill No. 5638 is a measure which specifies one of the criteria to be used in appraisals of real property for taxation purposes.

     "The amendment proposed by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen would define one of the circumstances which creates an unconstitutional taking of property without compensation.

     "The President, therefor, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."

     The amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 2, line 11, to Senate Bill No. 5638 was ruled out of order.

PARLIAMENTARY INQUIRY

     Senator Snyder: "A point of parliamentary inquiry, Mr. President. Does that ruling apply to the other amendments that I have submitted as prime sponsor along with other members? I was just trying to save some time if it does."

REPLY BY THE PRESIDENT

     President Pritchard: "Yes, Senator it appears--"

     Senator Snyder: "Why don't I go ahead and move the amendments and you make the ruling on them individually? That may be better."

MOTION

     Senator Snyder moved that the following amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen be adopted:

     On page 3, after line 2, insert the following:

     "(4) Whenever implementation by the state or any of its political subdivisions of a policy or practice directly or indirectly regulating the use of land operates to reduce the value of a parcel of real property immediately prior to such implementation, the parcel is deemed to be taken for public use."

POINT OF ORDER

     Senator Skratek: "I challenge the scope and object of this particular amendment on the similar lines that were previously argued by Senator Haugen on the previous amendment."

RULING BY THE PRESIDENT

     President Pritchard: "The President would make the same analysis on this amendment as was made on the last one. The President would rule that the amendment is outside the scope and object of the bill."

     The amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 3, after line 2, to Senate Bill No. 5638 was ruled out of order.

MOTION

     Senator Roach moved that the following amendment be adopted:

     On page 2, line 14, after "influences." insert "Counties, cities and towns shall be responsible for notifying county assessors concerning comprehensive plans, development regulations, zoning, and any other governmental policies or practices that affect the use of the appraised property."

     Debate ensued.

     Senator Roach demanded a roll call and the demand was sustained.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Roach on page 2, line 14, to Senate Bill No. 5638.

ROLL CALL

     The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 27; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.

     Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.

     Excused: Senators Deccio, McCaslin and Niemi - 3.

MOTIONS

     Senator Snyder moved that the following amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen be adopted:

     On page 3, after line 2, insert the following:

      "NEW SECTION. Sec. 2. The value of property is directly affected by the regulations, policies, and actions of state and local government. If affected, the property assessment for tax purposes must be reduced because of the taking and the compensation required by the state Constitution must be paid. The criteria established in RCW 84.40.030 (1) through (3) are clarified by sections 3 through 11 of this act.

      NEW SECTION. Sec. 3. (1)(a) Whenever implementation by the state or any of its political subdivisions of a scheme directly or indirectly regulating the use of land operates to reduce the value of a parcel of real property immediately prior to such implementation, the parcel is deemed to be taken for public use.

      (b) The following definitions apply throughout sections 2 through 11 of this act:

      (i) "Compensation" means cash or in-kind payment, if the affected property owner agrees to in-kind payment and then agrees to the in-kind payment actually offered, including but not limited to clustering; transfer of development rights; staging of concurrency; land trades; environmental mitigation credits for prior activity of owners; density bonuses; or adjustments to restrictions on lot size, number of units, or building dimensions.

      (ii) "Parcel" means one or more contiguous tax lots of an owner.

      (iii) "Owner" includes one or more natural or legal persons who own the parcel, whether as sole owner, marital community, cotenants, or tenants in partnership or as a corporation.

      (iv) "Scheme regulating the use of land" means one regulation or government action affecting the use of land; or more than one such regulation or action, though occurring at different times or by different governmental entities, with the same or similar policy objectives, such as development moratoria, zoning, health regulations, safety regulations, aesthetic regulations, fish and wildlife regulations, sensitive-area regulations, and environmental regulations, whether such regulation or action is interim or permanent. A scheme regulating the use of land does not include any regulation or government action of the federal government or regulation or government action of the state or any local governmental entity taken to comply with the minimum requirements of federal law or regulation.

      (2)(a) When a parcel of real property has been taken for public use as provided in sections 2 through 11 of this act, the governmental unit or units that implement the scheme regulating the use of land shall be liable to the owner for compensation, and the owner shall have an action at law to recover such compensation. When more than one governmental unit is involved, the court shall determine the proportion each unit is required to contribute to the compensation.

      (b) The compensation shall be for the full amount of the decrease in assessed value. In addition, an owner who prevails either through settlement or verdict in an action for the recovery of such compensation shall be entitled to reasonable costs, expenses of litigation, and sums for attorneys' fees.

      (3) Governmental units subject to sections 2 through 11 of this act shall not make waiver of the provisions of sections 2 through 11 of this act a condition for approval of the use of real property or the issuance of any permit or other entitlement. Plaintiffs may accept an approval of use, permit, or other entitlement granted by the governmental unit without compromising their rights under sections 2 through 11 of this act if:

      (a) A written reservation of their rights is made at the time of acceptance of the authorization, permit, or other entitlement; or

      (b) An oral statement reserving their rights is made before the governmental unit granting the authorization, permit, or other entitlement at a public meeting at which the governmental unit renders its decision.

      NEW SECTION. Sec. 4. Compensation is required by sections 2 through 11 of this act unless the scheme regulating the use of land is an exercise of the police power solely to prevent or abate a public nuisance as defined at common law or an application of the public trust doctrine as it relates to navigable water only.

      NEW SECTION. Sec. 5. (1) The statute of limitations for actions brought under sections 2 through 11 of this act is the statute of limitations for actions for recovery of real property. The statute of limitations begins to run upon the enactment of the scheme regulating the use of land; or the final administrative decision implementing the scheme regulating the use of land affecting plaintiffs' property or by a showing by the plaintiff that application for administrative decision is futile.

      (2) A scheme regulating the use of land is implemented with respect to an owner's or user's property when actually applied to that property unless the enactment of the scheme by itself operates to reduce the fair market value of real property for the uses permitted at the time the owner acquired title, without further governmental action and the scheme contains no provision allowing for just relief from the scheme's operation.

      (3) Sections 2 through 11 of this act apply to schemes regulating the use of land, all or some part of which is implemented after the effective date of this act. No part of a scheme shall be considered for purposes of sections 2 through 11 of this act if the part was implemented more that ten years before the effective date of this act.

      NEW SECTION. Sec. 6. If a natural event or condition threatens to deprive an owner of land of the land's use or to cause serious damage to the land, and immediate corrective action is required to prevent this deprivation or damage, but this action will violate a state or local law or regulation unless official waiver or permission is obtained, the owner may either:

      (1) Apply to the governmental unit charged with enforcing such regulation to take, or to permit the owner to take, the required corrective action. If the governmental unit wrongfully denies waiver or permission or fails to take reasonably timely action upon the application, so that such deprivation or damage occurs, the governmental unit shall be liable to the owner for the diminution in value of the land which occurs unless the natural event or condition was the fault of the owner; or

      (2) Without notifying the governmental unit under subsection (1) of this section, take such corrective action as is reasonably necessary to prevent the threatened deprivation or damage. However, the owner shall notify the governmental unit that he or she has undertaken the corrective action within five days after commencing such action and shall give a general description of the action undertaken. Thereafter, in a legal action brought by the governmental unit, the owner shall be liable for violation of the regulation if a court determines that there was a violation and that an owner would not have qualified for any available waiver or exemption.

      NEW SECTION. Sec. 7. (1) If a governmental unit is found by a court of competent jurisdiction to have committed a regulatory taking under section 3 of this act, such unit shall be liable for compensation, measured by the owner's diminution in value caused by such taking from the time the scheme that regulated the use of the owner's land became effective until the unit may grant an exemption or choose to repeal such scheme. However, if the governmental unit does not grant an exemption or choose to repeal the regulatory scheme within a reasonable period of time, to be fixed by the court, then the unit shall be liable for compensation for a permanent taking, measured by the diminution of fair market sale value caused by the taking, valued as of the date of trial. This section shall not affect any further remedy that is constitutionally required.

      (2) Any permit, authorization, or other entitlement granted under a scheme repealed under subsection (1) of this section shall continue to be valid.

      NEW SECTION. Sec. 8. Sections 2 through 11 of this act do not preclude any action at law or equity that an owner would have had if sections 2 through 11 of this act had not been enacted.

      NEW SECTION. Sec. 9. If the state or any of its political subdivisions imposes, changes, or implements any scheme regulating the use of land in such a way as to reduce the previous assessed value of a taxpayer's property, the county assessor shall, on or before the ensuing April 1, adjust the property's assessed value downward by an amount equal to the difference between the assessed value of the property under the new scheme, and the previous assessed value.

      NEW SECTION. Sec. 10. Whenever any compensation is paid to a property owner by the state or by any local governmental entity pursuant to a judgment or agreement to compensate for a regulatory taking under sections 2 through 11 of this act, the payor shall cause to be recorded with the county auditor for the county in which the real property is located a notice of compensation for regulatory taking. This notice shall contain a legal description of the affected parcel of real estate, a statement of the reason for compensation, the name of the payor, the name of the owner, and the amount paid.

      NEW SECTION. Sec. 11. If a county, city, or health district is found by a court to have committed a regulatory taking under section 3 of this act, the court shall require that the compensation owed be paid by the state if the scheme regulating the use of land was adopted or implemented by the county or city in order to effectuate a policy or requirement of state or federal law.

      NEW SECTION. Sec. 12. Sections 2 through 11 of this act are each added to chapter 84.40 RCW."

     Senator Haugen moved that the following amendment to the amendment be adopted:

     On page 5, after line 12, insert the following:

      "NEW SECTION. Sec. 12. An additional excise tax is imposed beginning January 1, 1994, on each sale of real property in the state at a rate of one-half of one percent of the selling price. The proceeds of the tax shall be used exclusively for compensation as provided for in this act, the acquisition of a fee simple or lesser interest in conservation areas by counties and for the acquisition of a less than fee simple interest in conservation areas by the state.

      (1) The tax must be imposed and collected in the same manner and under the same conditions as the tax under RCW 82.45.060 is imposed and collected, except that the additional tax dos not apply to the acquisition of an interest in conservation areas by the state or a county, city, town, or park district.

      (2) The treasurer of a county shall place fifty percent of the receipts from the additional tax imposed under this section into an account established for the county for compensation as provided for in this act or to acquire and maintain conservation areas.

      A plan for the expenditure of the county's portion of the excise tax proceeds shall be prepared by the county legislative authority and periodically updated. Prior to the adoption or alteration of this plan, the elected officials of cities and towns located within the county shall be consulted and a public hearing shall be held to obtain public input. The first priority for any funds not used for compensation as required in this act must be the acquisition of interests in conservation areas that are wetlands or agricultural lands. The proceeds of this excise tax that are retained by a county must be expended in conformance with this plan.

      (3) The treasurer of each county shall distribute the remaining fifty percent of the receipts from the additional tax imposed under this section to the state treasurer who shall place the moneys into the takings and conservation lands account created under section 13 of this act.

      (4) As used in this section, "conservation area" has the meaning given under RCW 36.32.570.

      NEW SECTION. Sec. 13. A new section is added to chapter 43.99 RCW to read as follows: