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NINETY-THIRD DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Tuesday, April 11, 1995

The House was called to order at 9:30 a.m. by the Speaker (Representative McMorris presiding). The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Richelle Paulette and Megan Wilson. Prayer was offered by Representative D. Schmidt.

Representative Horn presiding assumed the chair.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

There being no objection, the House advanced to the third order of business.

MESSAGE FROM THE SENATE

April 10, 1995

Mr. Speaker:

The Senate has passed:

HOUSE BILL NO. 1063,

HOUSE BILL NO. 1064,

HOUSE BILL NO. 1081,

HOUSE BILL NO. 1190,

SUBSTITUTE HOUSE BILL NO. 1192,

and the same are herewith transmitted.

Marty Brown, Secretary

RESOLUTION

HOUSE RESOLUTION NO. 95-4613, by Representatives Chandler, Mulliken, Koster, D. Schmidt and Smith

WHEREAS, Mr. Edward McLeary and Mrs. Lois McLeary of Tacoma, Washington, have consistently contributed to this state as successful business persons; and

WHEREAS, 1995 marks the 50th anniversary year of Troutlodge, Inc., world-renowned producers and breeding specialists of rainbow trout and salmon; and

WHEREAS, Mr. McLeary has exemplified the true entrepreneurial spirit of Washingtonians by creating on the headwaters of Rocky Ford Creek, near Soap Lake, Washington, what has become the largest fish breeding and hatchery business in the world, producing and supplying over 300 million live trout and salmon eggs per year; and

WHEREAS, The exemplary success of Troutlodge, and Mr. and Mrs. McLeary, has depended in great part upon the exceptional support of the McLeary children and grandchildren; to wit, Dr. Randy McLeary and Mrs. Jill McLeary and their sons Andrew, John Paul, and Jeff McLeary, and upon their daughter Janice McLeary-Peters and her husband, Mr. Brian Peters and their son, Wesley Peters, and upon Russell McLeary, President of Troutlodge; and

WHEREAS, The exemplary success of Troutlodge has also depended in great part upon the highly valued, indispensable, and tireless contributions of the personnel at the six Washington facilities and one Oregon facility; to wit, those with over thirty years' contribution to Troutlodge are Bill Townsend and Sharon Townsend; those with over twenty years' contribution to Troutlodge are Vera Wilson; those with over ten years' contribution to Troutlodge are Jim Zimmerman, Klaus Meyn, Dave Crosby, Tom Elliott, Brian Peters, Doug Smith, Camilla Timm, Bill Witt, and Tom Wooten; and other highly valued personnel, Steve Amend, Karla Drafs, Shane Drafs, Mary Elliott, Glate Harris, Lee McAfee, Clay Pirtle, Darren Rose, LaDaska Timm, Wes Kight, Patricia Pedersen, Mike Henry, Hazel Gillard, Andy Corollazzo, Maura Jansen, Chris Curtis, Donnie Gillard, Dave Meier, Boyd Ogden, Tonya Gillard, Dale Ronnie Gillard, Mario Pagone, Mark Dixon, Karl Stawski, Mike Arthur, Tina Leonard, and Dolores Arreguin-Carey; and

WHEREAS, This enduring, dauntless, and consistent effort has resulted in Troutlodge being the largest individual trout and salmon egg producer and supplier in the world, exporting to twenty-five foreign countries and thirty states of the Union, earning the Governor's Export Award for Agriculture in 1987 and 1988, with superior performance and service being provided for the past fifty years;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives salute, commend, and honor the entrepreneurial spirit and contributions of Edward and Lois McLeary, the McLeary family, and the resolute and persevering contributions of Troutlodge employees and staff, upon the occasion of the 50th anniversary year of Troutlodge, the world-renowned producers and breeding specialists of rainbow trout and salmon; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Ed and Lois McLeary, the McLeary family, and the personnel of Troutlodge, on Agriculture Business Day, February 9, 1995.

Representative Chandler moved adoption of the resolution.

Representatives Chandler, McMorris, Sheldon and Casada spoke in favor of adoption of the resolution.

House Resolution No. 4613 was adopted.

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker called the House to order.

There being no objection, the House considered the following bills in the following order: Engrossed Substitute Senate Bill No. 5101, Substitute Senate Bill No. 5676, Substitute Senate Bill No. 5799, Substitute Senate Bill No. 5119 and continue down the second reading calendar.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5101, by Senate Committee on Natural Resources (originally sponsored by Senators Drew, Oke, Haugen and Winsley; by request of Department of Fish and Wildlife)

Authorizing the director of fish and wildlife to administer game fish catch record cards.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Buck spoke in favor of passage of the bill.

MOTION

On motion of Representative Brumsickle, Representative Mulliken was excused.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5101.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5101, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

Excused: Representative Mulliken - 1.

Engrossed Substitute Senate Bill No. 5101, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5676, by Senate Committee on Law & Justice (originally sponsored by Senators Fraser and Kohl)

Restricting residential time for abusive parents.

The bill was read the second time.

Representative Romero moved that the House not adopt the committee amendment. Committee on Law & Justice recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

Representatives Romero and Costa spoke against adopting the committee amendment.

Representatives Appelwick and Robertson spoke in favor of adopting the committee amendment.

The committee amendment was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Robertson spoke in favor of passage of the bill.

Representative Costa spoke against passage of the bill.

MOTION

On motion of Representative Talcott, Representatives Reams and Casada were excused.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5676 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5676 as amended by the House, and the bill passed the House by the following vote: Yeas - 84, Nays - 10, Absent - 0, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Conway, Cooke, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Radcliff, Regala, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Wolfe and Mr. Speaker - 84.

Voting nay: Representatives Ballasiotes, Cody, Cole, Costa, Hymes, Mason, Quall, Romero, Tokuda and Veloria - 10.

Excused: Representatives Casada, Mulliken and Reams - 3.

Substitute Senate Bill No. 5676, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5799, by Senate Committee on Human Services & Corrections (originally sponsored by Senators McDonald, Wojahn, Cantu and West)

Modifying adult family homes licensure.

The bill was read the second time.

There being no objection, the committee amendment was moved. Committee on Health Care recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

With the consent of the House, amendment number 680 to Substitute Senate Bill No. 5799 was withdrawn.

There being no objection, the House deferred further consideration of Substitute Senate Bill No. 5799 and the bill held it's place on the second reading calendar.

SUBSTITUTE SENATE BILL NO. 5119, by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Long, Winsley, Loveland, Newhouse, Fraser, Gaspard, Haugen, Sutherland and McAuliffe)

Modifying the cost of living allowance for retirement purposes.

The bill was read the second time.

There being no objection, the committee amendment was moved. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

With the consent of the House, amendment number 750 to Substitute Senate Bill No. 5119 was withdrawn.

The committee amendment was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Carlson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5119 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5119 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Excused: Representatives Casada, Mulliken and Reams - 3.

Substitute Senate Bill No. 5119, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5162, by Senate Committee on Higher Education (originally sponsored by Senators Bauer, Oke, Snyder, Hargrove, Haugen, Kohl, C. Anderson and Winsley)

Changing the Vietnam veterans' tuition exemption.

The bill was read the second time.

There being no objection, the committee amendment was adopted. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Carlson and Benton spoke in favor of passage of the bill.

MOTIONS

On motion of Representative Brown, Representative Kessler was excused.

On motion of Representative Smith, Representative Buck was excused.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5162 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5162 as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 5.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

Excused: Representatives Buck, Casada, Kessler, Mulliken and Reams - 5.

Substitute Senate Bill No. 5162, as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5169, by Senate Committee on Education (originally sponsored by Senators McAuliffe, Cantu, Pelz, Hochstatter, Drew, A. Anderson, Rasmussen and Kohl; by request of Joint Select Committee on Education Restructuring)

Changing education provisions.

The bill was read the second time.

There being no objection, the committee amendment was adopted. Committee on Education recommendation: Majority, do pass as amended. (For committee amendment see Journal, 75th Day, March 24, 1995.)

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Brumsickle and Cole spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5169 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5169 as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 5.

Excused: Representatives Buck, Casada, Kessler, Mulliken and Reams - 5.

Engrossed Substitute Senate Bill No. 5169, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 5200, by Senators Haugen, Winsley, Spanel, Sheldon, West, Roach and Oke; by request of Governor Lowry

Exempting from use tax naval equipment transferred due to base closure.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Beeksma spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 5200.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5200, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 5.

Excused: Representatives Buck, Casada, Kessler, Mulliken and Reams - 5.

Senate Bill No. 5200, having received the constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 5235, by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Sutherland, Palmer and Smith)

Adding a superior court judge in Clark county.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Carlson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 5235.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5235, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 5.

Excused: Representatives Buck, Casada, Kessler, Mulliken and Reams - 5.

Second Substitute Senate Bill No. 5235, having received the constitutional majority, was declared passed.

SENATE BILL NO. 5282, by Senators Fraser and Newhouse; by request of Department of Revenue

Modifying department of revenue tax information disclosure regulations.

The bill was read the second time.

There being no objection, the committee amendment was moved. Committee on Finance recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

Representative Pennington moved adoption of the following amendment to the committee amendment by Representative Pennington:

On page 5, line 11, after "disclosure" insert "are cumulative or duplicative, or"

Representative Pennington spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

The committee amendment as amended was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative B. Thomas spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 5282 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5282 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

Excused: Representatives Casada and Mulliken - 2.

Senate Bill No. 5282, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5326, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Fairley, Roach, Hargrove, West, Oke and Winsley)

Revising provision for registration of sex offenders.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Ballasiotes spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5326 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5326 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

Excused: Representatives Casada and Mulliken - 2.

Substitute Senate Bill No. 5326, as amended by the House, having received the constitutional majority, was declared passed.

The Speaker called on Representative Horn to preside.

There being no objection, the House deferred consideration of Engrossed Second Substitute Senate Bill No. 5342 and the bill held it's place on the second reading calendar.

SENATE BILL NO. 5372, by Senators Sheldon and Wood; by request of Department of Community, Trade, and Economic Development and Public Works Board

Appropriating funds for projects recommended by the public works board.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sehlin and Ogden spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 5372.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5372, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 1, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Absent: Representative Dellwo - 1.

Excused: Representatives Casada and Mulliken - 2.

Senate Bill No. 5372, having received the constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 5397, by Senators Franklin and Pelz; by request of Department of Labor & Industries

Revising provisions regulating asbestos certification.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Lisk and Romero spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5397 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5397 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 1, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Absent: Representative Regala - 1.

Excused: Representatives Casada and Mulliken - 2.

Engrossed Senate Bill No. 5397, as amended by the House, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Engrossed Senate Bill No. 5397.

DEBBIE REGALLA, 27th District

SUBSTITUTE SENATE BILL NO. 5431, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Prentice and Hale; by request of Insurance Commissioner)

Repealing rural health care statutes.

The bill was read the second time.

POINT OF ORDER

Representative Dellwo: Thank you Mr. Speaker. I would request a ruling on the scope and object of the committee amendment.

There being no objection, the House deferred further consideration of Substitute Senate Bill No. 5431 and the bill held it's place on the second reading calendar.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5503, by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Deccio, Pelz, Sellar and Fraser)

Streamlining temporary worker housing safety and health regulations.

The bill was read the second time.

Representative Clements moved adoption of the following amendment by Representative Clements:

On page 5, after line 13, insert the following:

"NEW SECTION. Sec. 10. Any rules adopted under this act pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.), must comply with the housing provisions of that federal act."

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 5, line 34, after "through" strike "9" and insert "10"

Representative Clements spoke in favor of the adoption of the amendment.

The amendment was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Clements spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5503 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5503 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 1, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Absent: Representative Fisher, G. - 1.

Excused: Representatives Casada and Mulliken - 2.

Engrossed Substitute Senate Bill No. 5503, as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House considered the following bills in the following order: Substitute Senate Bill No. 5551, Substitute Senate Bill No. 5800, Engrossed Substitute Senate Bill No. 5880 and Substitute Senate Bill No. 5977.

SUBSTITUTE SENATE BILL NO. 5551, by Senate Committee on Ways & Means (originally sponsored by Senators Sellar and Snyder)

Authorizing special taxation of lodging.

The bill was read the second time.

There being no objection, the committee amendment was adopted. Committee on Finance recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative B. Thomas spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5551 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5551 as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 3, Absent - 0, Excused - 2.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 92.

Voting nay: Representatives Goldsmith, Hargrove and Kremen - 3.

Excused: Representatives Casada and Mulliken - 2.

Substitute Senate Bill No. 5551, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5800, by Senate Committee on Ways & Means (originally sponsored by Senators McDonald, Wojahn, Cantu, West, Rinehart, Pelz and Bauer)

Recognizing that financial savings from efficiencies in the developmental disabilities program should be redirected within the program for community-based services.

The bill was read the second time.

There being no objection, the committee amendment was moved. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

Representative Carlson moved adoption of the following amendment to the committee amendment by Representative Carlson:

On page 1 of the amendment, strike all material on lines 5 and 6

Representative Carlson spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

The committee amendment as amended was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ogden, Carlson and Mitchell spoke in favor of passage of the bill.

MOTION

On motion of Representative Brown, Representative Morris was excused.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5800 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5800 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 1, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

Absent: Representative Schmidt, K. - 1.

Excused: Representatives Casada, Morris and Mulliken - 3.

Substitute Senate Bill No. 5800, as amended by the House, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Substitute Senate Bill No. 5800.

KAREN SCHMIDT, 23rd District

ENGROSSED SUBSTITUTE SENATE BILL NO. 5880, by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Spanel and Winsley)

Authorizing retirement to care for a disabled spouse.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Sehlin spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5880 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5880 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Excused: Representatives Casada, Morris and Mulliken - 3.

Engrossed Substitute Senate Bill No. 5880, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5977, by Senate Committee on Government Operations (originally sponsored by Senators Loveland, Haugen, Long, Smith and Winsley)

Revising administration of forensic investigations.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sheahan and Costa spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5977 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5977 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

Excused: Representatives Casada, Morris and Mulliken - 3.

Substitute Senate Bill No. 5977, as amended by the House, having received the constitutional majority, was declared passed.

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker called the House to order.

MESSAGE FROM THE SENATE

April 11, 1995

Mr. Speaker:

The President has signed:

HOUSE BILL NO. 1059,

HOUSE BILL NO. 1226,

SUBSTITUTE HOUSE BILL NO. 1437,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1452,

HOUSE BILL NO. 1525,

SUBSTITUTE HOUSE BILL NO. 1549,

SUBSTITUTE HOUSE BILL NO. 1671,

SUBSTITUTE HOUSE BILL NO. 1744,

SUBSTITUTE HOUSE BILL NO. 1777,

SUBSTITUTE HOUSE BILL NO. 1917,

HOUSE BILL NO. 2022,

and the same are herewith transmitted.

Marty Brown, Secretary

April 11, 1995

Mr. Speaker:

The President has signed:

SUBSTITUTE SENATE BILL NO. 5106,

SUBSTITUTE SENATE BILL NO. 5647,

SENATE BILL NO. 5771,

and the same are herewith transmitted.

Marty Brown, Secretary

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

HOUSE BILL NO. 1012,

ENGROSSED HOUSE BILL NO. 1014,

HOUSE BILL NO. 1015,

HOUSE BILL NO. 1058,

SUBSTITUTE HOUSE BILL NO. 1067,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1076,

HOUSE BILL NO. 1112,

ENGROSSED HOUSE BILL NO. 1131,

HOUSE BILL NO. 1163,

SUBSTITUTE HOUSE BILL NO. 1233,

SUBSTITUTE HOUSE BILL NO. 1246,

HOUSE BILL NO. 1280,

SUBSTITUTE HOUSE BILL NO. 1287,

HOUSE BILL NO. 1295,

HOUSE BILL NO. 1297,

SUBSTITUTE HOUSE BILL NO. 1414,

SUBSTITUTE HOUSE BILL NO. 1507,

ENGROSSED HOUSE BILL NO. 1550,

ENGROSSED HOUSE BILL NO. 1603,

ENGROSSED HOUSE BILL NO. 1876,

SUBSTITUTE SENATE BILL NO. 5106,

SUBSTITUTE SENATE BILL NO. 5647,

SENATE BILL NO. 5771,

There being no objection, the House resumed consideration of Senate Bill No. 5652.

SPEAKER'S RULING

"Representative Thibaudeau, the Speaker is prepared to Rule on your Point of Order which challenges the Committee Amendment to Senate Bill No. 5652 as being beyond the Scope and Object of the bill.

"The title of Senate Bill No. 5652 is "AN ACT Relating to welfare fraud."

The title is broad. The bill amends RCW 74.08.290 so as to provide that persons convicted of welfare fraud are denied access to welfare payments for at least six months.

The Committee Amendment also amends RCW 74.08.290, and in addition amends RCW 74.04.062; the amendment adds a new section to Chapter 74.08 and 74.12 RCW.

The amendment would preclude persons who are fugitives from justice from receiving public assistance. In addition the amendment would cause the state to implement the federal SAVE program so that welfare funds would be denied to illegal aliens.

Since it is currently an act of welfare fraud for an illegal alien to apply for welfare benefits, implementation of the federal SAVE program is within the Scope of the bill title. However, it is not currently illegal for a fugitive from justice to apply for or receive welfare benefits. Fleeing from a bench warrant is not often an act related to welfare fraud.

The Speaker finds that the committee amendment is beyond the scope of the title of Senate Bill No. 5652.

"Representative Thibaudeau, Your Point of Order is well taken.

With the consent of the House, amendment numbers 725, 735 and 687 to Senate Bill No. 5652 were withdrawn.

POINT OF ORDER

Representative Thibaudeau: Thank you Mr. Speaker. Perhaps I'm confused but I thought that part of the bill just scoped. So I guess that's a point of order.

Speaker: Point of Information Representative Thibaudeau. The Committee Amendment was the one that I ruled on. This is not the amendment to the bill. The Committee Amendment had two parts. The ruling that we had on the scope and object was regarding the felons fleeing.

Representative Bolt moved adoption of the following amendment by Representative Bolt:

On page 1, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that those individuals who abuse and defraud the welfare system not only steal scarce resources, but also perpetuate myths about people on public assistance. The taxpayers of this state have limited resources with which to help those in need and it is imperative that the legislature use its authority to ensure that those resources are assisting the truly needy.

To protect the integrity of the welfare system the legislature must put into place mechanisms that guard against abuse. The message must be sent that we will not tolerate welfare fraud.

People who are caught abusing public trust by defrauding the welfare system should be punished and not allowed to receive public assistance.

Sec. 2. RCW 74.08.290 and 1959 c 26 s 74.08.290 are each amended to read as follows:

(1) The department is hereby authorized to suspend temporarily the public assistance granted to any person for any period during which such person is not in need thereof.

(2) If a recipient is convicted of any crime or offense, and punished by imprisonment, no payment shall be made during the period of imprisonment.

(3)(a) If an applicant for or recipient of public assistance intentionally provides a false or misleading statement or commits an act which statement or act is designed to misrepresent, conceal, or withhold facts for the purpose of establishing or maintaining eligibility for public assistance or for the purpose of increasing, or preventing a reduction in, the amount of a grant, then, the applicant or recipient shall be considered in violation of this subsection (3)(a) and shall be subject to the penalties provided in (b) of this subsection.

(b) An individual who is found to have committed a violation of (a) of this subsection by a state administrative law judge or by a state court or federal court shall be ineligible for continued public assistance for the following periods:

(i) Six months for the first violation;

(ii) Twelve months for the second violation; and

(iii) Permanently for the third violation.

For the purpose of applying these penalties, numerous violations on a single application, or in a single statement, made by an individual shall count as one violation.

Sec. 3. RCW 74.04.062 and 1973 c 152 s 2 are each amended to read as follows:

Upon written request of a person who has been properly identified as an officer of the law with a felony arrest warrant or a properly identified United States immigration official with a warrant for an illegal alien the department shall disclose to such officer the current address and location of the person properly described in the warrant. However, this rule does not restrict in any manner whatsoever the disclosure of address and location information by the department pursuant to its implementation of the federal "systematic alien verification for entitlements" program or pursuant to section 4 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 74.08 RCW to read as follows:

The department shall implement the federal "systematic alien verification for entitlements" program, the "SAVE" program. The department shall:

(a) Coordinate with other state agencies, including but not limited to the employment security department, to ensure that persons receiving federal or state funds are eligible in terms of citizenship and residency status;

(b) Post at every community service office a sign letting applicants and recipients know that illegal aliens will be reported to the United States immigration and naturalization service and that the systematic alien verification for entitlements system is in use in the office; and

(c) Systematically use all processes available to verify eligibility in terms of the citizenship and residency status of applicants and recipients for public assistance.

NEW SECTION. Sec. 5. The department shall have the SAVE program in full force and effect by September 30, 1995, and report to the fiscal committees of the house of representatives and senate by December 1, 1995, regarding the progress of implementation and outcomes by region of the program."

Correct the title.

Representatives Boldt, Clements, Cooke and Ebersole spoke in favor of the adoption of the amendment.

Representative Schoesler demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 1, to Senate Bill No. 5652 and the amendment was adopted by the following vote: Yeas - 88, Nays - 6, Absent - 0, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven and Mr. Speaker - 88.

Voting nay: Representatives Chopp, Mason, Thibaudeau, Tokuda, Veloria and Wolfe - 6.

Excused: Representatives Casada, Dellwo and Mulliken - 3.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Boldt and Ebersole spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 5652 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5652 as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 4, Absent - 0, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Wolfe and Mr. Speaker - 90.

Voting nay: Representatives Chopp, Mason, Thibaudeau and Veloria - 4.

Excused: Representatives Casada, Dellwo and Mulliken - 3.

Senate Bill No. 5652, as amended by the House, having received the constitutional majority, was declared passed.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

HOUSE BILL NO. 2080, by Representatives K. Schmidt, Hankins, Benton, Elliot, Skinner, Buck, McMahan, Robertson, Johnson, D. Schmidt, Chandler, Mitchell, Koster, Backlund, Cairnes, Horn, Blanton and Stevens

Providing transportation funding and appropriations.

The bill was read the second time. There being no objection, Substitute House Bill No. 2080 was substituted for House Bill No. 2080 and the substitute bill was placed on second reading.

Substitute House Bill No. 2080 was read the second time.

Representative K. Schmidt moved adoption of the following amendment by Representative K. Schmidt:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for salaries, wages, and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 1996.

(2) Legislation with fiscal impacts enacted in the 1995 legislative session not referenced in this act are not funded in the fiscal year 1996 transportation budget.

(3) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.

(a) "Fiscal year 1996" or "FY 1996" means the fiscal year ending June 30, 1996.

(b) "FTE" means full time equivalent.

(d) "Provided solely" means the specified amount may be spent only for the specified purpose.

PART I

GENERAL GOVERNMENT AGENCIES--OPERATING

NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 150,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 150,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The department of agriculture shall report to the legislative transportation committee by January 1, 1996, on the number of fuel samples tested and the findings of the tests for the motor fuel quality program.

NEW SECTION. Sec. 102. FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 20,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 20,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The legislative service committee shall enter into a service level agreement with the legislative transportation committee by July 1, 1995.

NEW SECTION. Sec. 103. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 205,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 205,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The legislative evaluation and accountability program committee shall enter into a service level agreement with the legislative transportation committee by July 1, 1995.

NEW SECTION. Sec. 104. FOR THE OFFICE OF FINANCIAL MANAGEMENT

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 55,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 55,000

NEW SECTION. Sec. 105. FOR THE OFFICE OF MARINE SAFETY

State Toxics Control Account--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 70,000

Oil Spill Administration Account--State

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 908,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The appropriation of $838,000 from the oil spill administration account--state appropriation shall be increased by $419,000 and the appropriation of $70,000 from the state toxics control account--state appropriation shall be increased by $35,000 if chapter . . . (Substitute House Bill No. 1510), Laws of 1995 is not enacted by the 1995 legislature. The purpose of this increase is to add three additional months funding to the office of marine safety in the event chapter . . . (Substitute House Bill No. 1510), Laws of 1995 is not enacted, so that the agency continues to be funded until the 1996 legislature determines how the oil spill program should be funded for the remainder of the biennium.

NEW SECTION. Sec. 106. FOR THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 165,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 165,000

NEW SECTION. Sec. 107. FOR THE OFFICE OF THE STATE TREASURER

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 22,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 22,000

NEW SECTION. Sec. 108. FOR THE GOVERNOR--FOR TRANSFER TO THE TORT CLAIMS REVOLVING FUND

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,808,000

Marine Operation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,157,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 3,965,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The amount of the transfer for the motor vehicle fund and the marine operating account is to be transferred into the tort claims revolving fund only as claims have been settled or adjudicated to final conclusion and are ready for payout. The appropriation in this section is to retire tort obligations that occurred before July 1, 1990.

NEW SECTION. Sec. 109. FOR THE STATE PARKS AND RECREATION COMMISSION--OPERATING

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 466,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 466,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The commission shall not expend any state funds for maintenance, repair, or snow and ice removal on county or private roads.

NEW SECTION. Sec. 110. FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Grade Crossing Protective Fund--State

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 111,000

PART II

TRANSPORTATION AGENCIES

NEW SECTION. Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 214,000

Highway Safety Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,587,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 144,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,945,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The transportation fund--state appropriation shall be used solely to fund community DUI task forces. Funding from the transportation fund for any community DUI task force may not exceed fifty percent of total expenditures in support of that task force.

NEW SECTION. Sec. 202. FOR THE BOARD OF PILOTAGE COMMISSIONERS

Pilotage Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 133,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 133,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The appropriation of $133,000 from the pilotage account--state shall be reduced by $52,000 if chapter . . . (House Bill No. 1311 or Senate Bill No. 5356), Laws of 1995 is not enacted by the 1995 legislature.

NEW SECTION. Sec. 203. FOR THE COUNTY ROAD ADMINISTRATION BOARD

Motor Vehicle Fund--Rural Arterial Trust

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 20,395,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 663,000

Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 256,000

Motor Vehicle Fund--County Arterial Preservation

Account --State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 13,167,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 34,481,000

NEW SECTION. Sec. 204. FOR THE TRANSPORTATION IMPROVEMENT BOARD

Motor Vehicle Fund--Urban Arterial Trust

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 28,297,000

Motor Vehicle Fund--Transportation Improvement

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 85,061,000

Motor Vehicle Fund--City Hardship Assistance

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,293,000

Motor Vehicle Fund--Small City Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,815,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 117,466,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The urban arterial trust account--state appropriation includes a $10,000,000 transfer from the transportation improvement account--state appropriation to be repaid by June 30, 1997.

NEW SECTION. Sec. 205. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,264,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 1,264,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The legislative transportation committee shall convene representatives from the department of transportation, Washington state patrol, department of licensing, and any other agency receiving an appropriation in this act, as necessary, to establish performance measures that are associated with the final legislative appropriation. The performance measures are to be established and will be tracked within the transportation executive information system.

(2) The legislative transportation committee shall convene a group including, but not limited to, representatives from the department of licensing, the state patrol, the department of transportation, the attorney general, the federal highway administration, the internal revenue service, and industry groups representing fuel manufacturers, distributors, and retailers to address the problem of fuel tax evasion in the petroleum distribution system in the state. The group shall present its findings to the legislative transportation committee and the office of financial management.

NEW SECTION. Sec. 206. FOR THE MARINE EMPLOYEES COMMISSION

Motor Vehicle Fund--Puget Sound Ferry Operations

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 172,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 172,000

NEW SECTION. Sec. 207. FOR THE TRANSPORTATION COMMISSION

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 327,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 327,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) Transportation commissioners may not be paid for more than sixty days per year on commission business, except the chair of the commission, who may not be compensated for more than ninety days per year working on commission business.

(2) None of the appropriation may be used to conduct studies or hire consultants without specific authorization from the legislative transportation committee prior to commencing any studies or hiring of consultants.

(3) In no event shall the commission hold meetings outside of the state of Washington. The commission is directed to seek methods of reducing travel and meeting costs.

NEW SECTION. Sec. 208. FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS

Motor Vehicle Fund--State Patrol Highway

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 71,638,000

Motor Vehicle Fund--State Patrol Highway

Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 1,599,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 73,237,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The state patrol shall attain a field force level of 755 commissioned officers by February 1996 and shall have a staffing level of no less than 730 commissioned officers at the end of fiscal year 1996. This compares to a level of 700 commissioned officers that was established in the 1993-95 biennium. To achieve these levels: A class of 50 cadets shall begin on July 1, 1995; and a class of 30 cadets shall begin on January 1, 1996. It is the intent of the legislature to attain a field force level of 800 commissioned officers in the 1997-99 biennium.

(2) It is the intent of the legislature to raise the commissioned officers salaries above the 50 percentile, as documented in the 1994 Washington state patrol comprehensive compensation survey results dated September 30, 1994.

(3) Management levels, lieutenants and above, are redirected to perform direct traffic law enforcement activities equivalent to five field force FTE staff years. Management personnel engaged in management activity shall not exceed 55 FTE staff years. This level compares to 76 FTE management level staff years in January of 1993.

(4) Any user of Washington state patrol aircraft shall reimburse the Washington state patrol for its pro rata share of all operating and maintenance costs including capitalization.

(5) The state patrol may not sell or purchase any aircraft until the legislative transportation committee has completed a review of the type of air services provided by the various state agencies, and the feasibility of consolidating the state's air fleet.

NEW SECTION. Sec. 209. FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU

Motor Vehicle Fund--State Patrol Highway

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 26,745,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 245,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 26,990,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The office of the chief of the state patrol shall prepare a strategic plan that represents the future of the Washington state patrol and how management envisions meeting the challenges identified in the plan. The plan shall address the future responsibilities of commissioned and non-commissioned personnel, and the use of technology in law enforcement. It will focus on maximizing joint services and projects with other transportation agencies such as communication systems, computer systems, and facilities. Additionally, the state patrol shall include any other issues it deems necessary and will provide a six-year financial plan to address the future challenges identified in the strategic plan. The plan outline shall be delivered to the legislative transportation committee by August 1, 1995, and the final plan delivered to the legislature by January 1, 1996.

NEW SECTION. Sec. 210. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES

Highway Safety Fund--Motorcycle Safety Education Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 38,000

State Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,556,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,067,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 4,695,000

NEW SECTION. Sec. 211. FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS

General Fund--Wildlife Account--State

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 7,388,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 10,946,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 18,391,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) $15,223,000 for the licensing application migration project (LAMP), of which $9,134,000 is motor vehicle account--state, $6,089,000 is highway safety fund--state.

Of the $15,223,000 LAMP appropriation $761,150 is provided solely as a contingency amount.

(2) The licensing application migration project (LAMP) shall comply with section 49, chapter 23, Laws of 1993 ex. sess.

(3) The steering committee specified in the licensing application migration project (LAMP) feasibility study, dated July 7, 1992, shall meet monthly. In addition to the existing steering committee membership established in the feasibility study, the LAMP project director, the LAMP contractor's project manager, the LAMP quality assurance consultant, and a representative of the Washington state patrol shall be ex officio members of the LAMP steering committee.

(4) The licensing application migration project (LAMP) quality assurance consultant shall provide the LAMP steering committee with bimonthly reports on the status of the LAMP project. The bimonthly reports shall be on alternate months from the bimonthly reports provided by the department of information services. The reports required in this subsection shall also be delivered to the senate and house of representatives transportation committee chairs.

(5) No moneys are provided in this act for the inclusion of general fund activities in the LAMP project.

NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES

General Fund--Marine Fuel Tax Refund Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13,000

General Fund--Wildlife Account--State

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 22,989,000

Department of Licensing Services Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,766,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 25,034,000

NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Highway Safety Fund--Motorcycle Safety Education

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 571,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 27,793,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 28,364,000

NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 12,144,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,878,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 23,222,000

NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION--PROGRAM F

General Fund--Aeronautics Account--State

General Fund--Aeronautics Account--Federal

Aircraft Search and Rescue, Safety, and Education

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 66,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,187,000

NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Motor Vehicle Fund--Economic Development Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 600,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 119,029,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 180,000,000

Motor Vehicle Fund--Private Local

Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 102,500,000

Special Category C Account--Local

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 30,000,000

Puyallup Tribal Settlement Account--State

Puyallup Tribal Settlement Account--Federal

Puyallup Tribal Settlement Account--Private Local

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 490,829,000

The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) Up to $25,487,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $6,286,000 in proceeds from the sale of bonds authorized in RCW 47.10.819(1) for the federal match requirements. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. No bond proceeds shall be used to pay for a federal demonstration study project.

(2) The special category C account--state appropriation of $102,500,000 includes $85,400,000 in proceeds from the sale of bonds authorized by RCW 47.10.812 through 47.10.817 for the 1st avenue south bridge in Seattle, North-South Corridor/Division street improvements in Spokane, and selected sections of state route 18. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

(3) The motor vehicle fund--state appropriation includes $6,356,000 in proceeds from the sale of bonds authorized by RCW 47.10.761 and 47.10.762. These funds shall be expended for the following projects:

(a) Sea Tac International Blvd;

(b) SR 99 to SR 5 - HOV Lanes;

(d) Leavenworth Intermodal Improvement;

(e) Olympic Interchange;

(f) Sunset Dr. I/C - I/C Modifications;

(g) 94th Ave. E. Interchange;

(h) 164th Ave. Interchange; and

(i) NE 160th I/C Modifications (CN only).

These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993.

(4) The motor vehicle fund--state appropriation and the transportation fund--state appropriation in this section include $37,400,000 to be expended on the following projects:

(a) Spring St. to Johnson Rd;

(b) W. Lk. Samm. Pkwy. to SR 202;

(d) 15th SW to SR 161 U-Xing;

(e) Andresen Road to SR 503;

(f) NE 144th St. to Battleground;

(g) Steamboat Island Rd I/C;

(h) Graham Hill Vicinity;

(i) North of Winslow - Stage 1;

(j) SR 5 to Blandford Drive;

(k) North Sumner Interchange; and

(l) Sunnyslope I/C - Stage 2.

These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993.

(5) The motor vehicle fund--state appropriation and the transportation fund--state appropriation in this section include $28,000,000 to be expended on the following projects:

(a) SO 360th St/Milton Rd SO to SR 18 - Stage 1;

(b) SR 522 to 228th St. SE - Stage 1;

(d) 124th NE I/C to W. Lake Samm. Pkwy.;

(e) Lewis Street Interchange;

(f) SR 202 Interchange;

(g) SE 312th Way to SE 304th St - Stage 2;

(h) SR 82 to Selah;

(i) O'Brien to Lewis Rd;

(j) NE 147th to 80th NE - HOV Lanes;

(k) Old Cascade Hwy - to Deception CR - Stage 1;

(l) Prophets point to Old Cascade Hwy - Stage 2; and

(m) Sequim Bypass.

These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993.

(6) The motor vehicle fund--state appropriation in this section includes $16,500,000 for the following high occupancy vehicle lane projects:

(a) 15th St SW to 84th Ave. SO - Stage 2; and

(b) Pierce C.L. to Tukwila I/C - Stage 1.

Construction of the projects under this subsection is subject to the availability of revenue from the repeal of the gasohol exemption and credit.

(7) When the projects identified in subsections (4) through (6) of this section are complete, the legislature will have fulfilled the commitments made in 1990 associated with the passage of the 1990 transportation revenue package.

(8) The motor vehicle fund appropriation in this section includes $11,422,000 for new preconstruction activities.

(9) The department shall report annually to the legislative transportation committee on the status of the projects funded by the special category C appropriations contained in this section. The report shall be submitted by January 1 of each year.

(10) If chapter . . . (House Bill No. 1597), Laws of 1995 is enacted by the 1995 legislature, the department of transportation shall assess the impacts of the bill upon the department of transportation and provide a report on such impacts to the legislative transportation committee by January 1, 1997.

NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 112,853,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 229,000

Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,634,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 114,716,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters such as fire, flooding, and major slides, supplemental appropriations will be requested to restore funding for ongoing maintenance activities.

(2) If projected snow and ice expenditures exceed the plan of $20,000,000, the department will continue service delivery as planned within the other major maintenance groups, and will request a supplemental appropriation in the following legislative session to fund the additional snow and ice expenditures.

NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,650,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,300,000

Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,650,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 57,700,000

Transportation Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70,150,000

Transportation Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,250,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 230,700,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The motor vehicle fund--state appropriation includes $8,300,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 for emergency purposes.

(2) The appropriations in this section include $5,600,000 for seismic retrofit activities.

NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION SYSTEMS MANAGEMENT--PROGRAM Q

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 12,369,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 12,369,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: By December 31, 1995, the department shall adjust fees charged to businesses participating in the motorist information sign program to make the program self-supporting. For purposes of this proviso, the erection, maintenance, and replacement of backpanels shall not be considered part of the program cost.

NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION--SALES AND SERVICES TO OTHERS--PROGRAM R

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 184,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000

Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,050,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 1,434,000

By December 1, 1995, the department of transportation is to provide the legislative transportation committee an analysis and recommended policy modifications, where appropriate, regarding the following regional practices:

(1) Recovery of full costs for reimbursable services; and

(2) Consistency of charging for reimbursable services across the department's regions.

NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Motor Vehicle Fund--Puget Sound Capital Construction

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 555,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 26,403,000

Motor Vehicle Fund--Puget Sound Ferry Operations

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 553,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 9,185,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 36,696,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The transportation fund--state appropriation includes $8,370,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions to public-private transportation initiatives projects. $2,160,000 of the bond proceeds are to be transferred to the improvement program to pay back the loan as recommended by the transportation commission and the legislative transportation committee.

(2) Any additional FTEs required to support the public-private initiatives in the transportation program established under chapter 47.46 RCW shall be funded from program management and administration fees paid by private entities participating in the program.

(3) The department of transportation shall provide quarterly reports to the legislative transportation committee on the status of the public-private initiatives in transportation program. The department shall conduct a program and fiscal review of the public-private initiatives in transportation program, authorized under chapter 47.46 RCW, for the biennium ending June 30, 1997. Such review shall include, at a minimum, the extent to which the program has operated in the public interest and fulfilled its statutory obligation; the extent to which the program is operating in an efficient, effective, and economical manner; and the extent to which continuation of the program maintains, improves, or adversely impacts the transportation system of the state of Washington. The department shall provide a progress report on its program and fiscal review of the public-private initiatives in transportation program by June 30, 1996.

NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSIT RESEARCH AND INTERMODAL PLANNING--PROGRAM T

Essential Rail Assistance Account--State

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 7,444,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,020,000

High Capacity Transportation Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,448,000

Essential Rail Banking Account--State

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 29,222,000

Transportation Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,062,000

Transportation Fund--Private Local

Central Puget Sound Public Transportation

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 6,755,000

Public Transportation Systems Account--State

Air Pollution Control Account--State

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 64,285,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) Up to $26,096,000 of the transportation fund--state and $700,000 of the transportation fund--federal appropriation is provided for intercity rail passenger service including up to $12,000,000 for lease purchase of two advanced technology train sets with total purchase costs not to exceed $20,000,000, subsidies for operating costs not to exceed $7,000,000, to maintain service of one state contracted round trip between Seattle and Portland and Seattle and Vancouver, BC., and capital projects necessary to provide Seattle-Vancouver, British Columbia, train operating times of under 4 hours;

(2) Up to $1,200,000 of the motor vehicle fund--state appropriation is provided for regional transportation planning organizations, with allocations for participating counties maintained at the 1993-1995 biennium levels for those counties not having metropolitan planning organizations within their boundaries; and

(3) The appropriations from the central Puget Sound public transportation account and the public transportation systems account are transferred to the transportation improvement board should either chapter . . . (Engrossed Substitute House Bill No. 1107), Laws of 1995 or chapter . . . (Substitute Senate Bill No. 5199), Laws of 1995 be enacted, and contain provisions transferring responsibility for administration of these accounts from the department of transportation to the transportation improvement board.

(4) If the 1995 legislature does not enact House Bill 2009 or transfer responsibility to the department of transportation for the commute trip reduction program, then the appropriation from the air pollution control account in this section shall lapse.

(5) The appropriation from the high capacity transportation account includes a $760,000 transfer to the passenger ferry account, $300,000 for administration of the freight rail program at the department of transportation, and $315,000 for planning grants to the Spokane and Thurston county areas.

NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U

(1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,323,000

(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 416,000

(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,686,000

(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,120,000

(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 5,524,000

(6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund--Puget Sound Ferry Operations

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,000,000

(7) FOR PAYMENT OF COSTS OF THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 254,000

(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 47,000

(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 180,000

(10) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 115,000

NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE CONSTRUCTION--PROGRAM W

Motor Vehicle Fund--Puget Sound Capital Construction

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 103,330,000

Motor Vehicle Fund--Puget Sound Capital Construction

Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 5,000,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 108,330,000

The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The appropriations in this section are provided to carry out only the projects presented to the legislature (version 3) for the 1995-97 budget. The department shall reconcile the 1993-95 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.

(2) The Puget Sound capital construction account--state appropriation includes $15,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.560 and $69,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for construction of new jumbo ferry vessels in accordance with the requirements of RCW 47.60.770 through 47.60.778. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.

(3) The appropriations contained in this section shall not be expended for the development of park facilities at the Seattle colman dock ferry terminal.

(4) The Washington state ferries shall pursue the acquisition of appropriate passenger-only vessel capacity from potential federal funding sources. If no federal funds are available, it is the intent of the legislature that the construction and assembly of any passenger vessels occur within Washington state.

(5) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.

NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 120,104,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The appropriation is based on the budgeted expenditure of $13,415,000 for vessel operating fuel in fiscal year 1996. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

(2) The appropriation contained in this section provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during fiscal year 1996 may not exceed $80,235,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $305.32 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

The prescribed insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1995.

(3) The appropriation in this section includes $206,000 for the automated ticket vending program. These funds shall be expended only in accordance with the implementation of the automated ticket vending program.

(4) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.

NEW SECTION. Sec. 226. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 3,685,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60,575,000

Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,493,000

Transfer Relief Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 307,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 67,060,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) Up to $6,550,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $1,637,000 in proceeds from the sale of bonds authorized in RCW 47.10.819(1) for the federal match requirements. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

(2) The motor vehicle fund--federal appropriation of transportation enhancements moneys shall be used in the following manner: Priority shall be given for up to fifty percent for the preservation and improvement of freight rail corridors; a maximum of twenty-five percent for bicycle projects; and the remainder for other purposes.

PART III

CAPITAL

NEW SECTION. Sec. 301. The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) JOINT PROJECTS

(a) FOR THE WASHINGTON STATE PATROL, DEPARTMENT OF LICENSING, AND DEPARTMENT OF TRANSPORTATION--TRANSPORTATION SERVICE CENTER--PARKLAND

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 486,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 71,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 628,000

(b) FOR THE WASHINGTON STATE PATROL AND DEPARTMENT OF LICENSING--UNION GAP

Motor Vehicle Fund--State Patrol Highway Account--

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 600,000

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 215,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 215,000

(d) FOR THE DEPARTMENT OF TRANSPORTATION AND WASHINGTON STATE PATROL--BELLINGHAM

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,874,000

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,800,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 4,674,000

(2) The agency listed first in the appropriation in subsection (1) of this section is designated as the lead agency responsible for management of the projects and shall receive the entire appropriation. (3) The state patrol, the department of licensing, and the department of transportation shall coordinate their activities when siting facilities. This coordination shall result in the collocation of driver and vehicle licensing, vehicle inspection service facilities, and other transportation services whenever possible.

The department of licensing, the department of transportation, and the state patrol shall explore alternative state services, such as vehicle emission testing, that would be feasible to collocate in these joint facilities. All services provided at these transportation service facilities shall be provided at cost to the participating agencies.

(4) The department of licensing may lease develop with option to purchase or lease purchase new customer service centers to be paid for from operating revenues. The Washington state patrol shall provide project management for the department of licensing. Alternatively, a financing contract may be entered into on behalf of the department of licensing in the amounts indicated plus financing expenses and reserves pursuant to chapter 39.94 RCW. The locations and amounts for projects covered under this section are as follows:

(a) A new customer service center in Vancouver for $2,629,700;

(b) A new customer service center in West Spokane for $3,083,600;

(d) A new customer service center in Union Gap for $3,026,500; and

(e) A new customer service center in Wenatchee for $2,078,800.

(5) The Washington state patrol, department of licensing, and department of transportation shall provide bimonthly progress reports on the capital facilities receiving an appropriation in this act.

NEW SECTION. Sec. 302. FOR THE WASHINGTON STATE PATROL--CAPITAL PROJECTS

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The appropriations in this section are provided for the following projects:

(1) ACADEMY DRIVE COURSE--SHELTON

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 500,000

(2) MINOR WORKS: PRESERVATION

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 400,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 400,000

(3) MINOR WORKS: PROGRAM

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 100,000

(4) SOUTH SEATTLE DETACHMENT

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 151,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 151,000

(5) WASHINGTON STATE PATROL OFFICE--SILVER LAKE REST AREA

Motor Vehicle Fund--State Patrol Highway Account--

State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 197,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 197,000

NEW SECTION. Sec. 303. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL

All projects in section 303 of this act are funded from the motor vehicle fund--Transportation capital facilities account--state.

(1) OKANAGAN AREA MAINTENANCE FACILITY

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,801,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,801,000

(2) THURSTON COUNTY LIGHT INDUSTRIAL COMPLEX

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 60,000

(3) CHEHALIS AREA MAINTENANCE FACILITY

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,401,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 1,401,000

(4) WOODLAND SECTION MAINTENANCE FACILITY

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 265,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265,000

(5) CONNELL SECTION MAINTENANCE FACILITY

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 150,000

(6) WILBUR SECTION MAINTENANCE FACILITY

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,036,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,036,000

(7) MINOR REGIONAL PROJECTS

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 763,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 763,000

(8) STATE-WIDE ADMINISTRATION AND SUPPORT

Motor Vehicle Fund--Transportation Capital

Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 762,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 762,000

GENERAL GOVERNMENT AGENCIES--CAPITAL

NEW SECTION. Sec. 304. FOR THE STATE PARKS AND RECREATION COMMISSION--CAPITAL

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 400,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 400,000

NEW SECTION. Sec. 305. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION--CAPITAL

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,500,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,500,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for the activity: The amount appropriated represents the total motor vehicle fund--state contribution for all phases of the plaza garage renovation project.

PART IV

TRANSFERS AND DISTRIBUTIONS

NEW SECTION. Sec. 401. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE

Motor Vehicle Fund--Puget Sound Capital Construction

Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,250,000

Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 695,000

Transportation Improvement Account

Transportation Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 208,000

Special Category C Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 4,000,000

Highway Bond Retirement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,814,000

Ferry Bond Retirement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,788,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 243,005,000

NEW SECTION. Sec. 402. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Motor Vehicle Fund--Puget Sound Capital Construction

Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 850,000

Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 139,000

Motor Vehicle Fund--Urban Arterial Trust Account

Motor Vehicle Fund--Transportation Improvement

Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 250,000

Special Category C Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 800,000

Transportation Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 42,000

Transportation Capital Facilities Account

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,087,000

NEW SECTION. Sec. 403. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

Motor Vehicle Fund Appropriation for motor

vehicle fuel tax and overload penalties

distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 452,180,000

Transportation Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 2,352,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 454,532,000

NEW SECTION. Sec. 404. FOR THE GOVERNOR--COMPENSATION--SALARY AND INSURANCE INCREASE REVOLVING ACCOUNT

Motor Vehicle Fund--State Patrol Highway Account

(1) The appropriation provided in this section is to ensure that all commissioned officers and communication officers receive salary increases of 5% on January 1, 1996 and an additional 4% on January 1, 1997. The chief and all deputy chiefs of the state patrol shall not receive the increase provided for in this subsection.

(2) The omnibus operating budget, Engrossed Substitute House Bill No. 1410, provides an amount of $100 per month per state employee effective January 1, 1996. The appropriation provided in this section provides the difference between the $100 per month amount contained in Engrossed Substitute House Bill No. 1410 and the amount granted in subsection (1) of this section for commissioned officers and communication officers of the state patrol.

NEW SECTION. Sec. 405. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--TRANSFERS

Motor Vehicle Fund--State Patrol Highway Account:

For transfer to the department of retirement

systems expense fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 130,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 130,000

NEW SECTION. Sec. 406. FOR THE GOVERNOR--COMPENSATION--SALARY AND INSURANCE INCREASE REVOLVING ACCOUNT

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 592,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 592,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: This amount is for the purpose of reducing, from more than twenty-five percent to twenty-five percent, the salary discrepancies between those classifications of state employees unique to the department of transportation and the prevailing state-wide rates for those classifications.

NEW SECTION. Sec. 407. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenue for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.

NEW SECTION. Sec. 408. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

NEW SECTION. Sec. 409. TRANSFERS

(1) R V Account--State Appropriation:

For transfer to the Motor Vehicle Fund--

State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 454,000

(2) Transfer Relief Account--State Appropriation:

For transfer to the Motor Vehicle Fund--

(3) Motor Vehicle Fund--State Appropriation:

For transfer to the Transportation Capital

Facilities Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 39,579,000

(4) Small City Account--State Appropriation:

For transfer to the Urban Arterial Trust

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,272,000

(5) Small City Account--State Appropriation:

For transfer to the Transportation Improvement

(6) High Capacity Transportation Account--State Appropriation:

For transfer to the Passenger Ferry Account. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 760,000

(7) Transportation Improvement Account--State Appropriation:

For transfer to the Urban Arterial Trust

The transfer provided in this subsection shall be repaid to the transportation improvement account--state by June 30, 1997.

NEW SECTION. Sec. 410. The department of transportation is authorized to transfer any balances available in the highway construction stabilization account to the motor vehicle account to fund the appropriations contained in this act.

NEW SECTION. Sec. 411. The motor vehicle account revenues are received at a relatively even flow throughout the year. Expenditures may exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season. Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding. The governor and the legislature recognize that the department of transportation may require interfund loans or other short-term financing to meet temporary seasonal cash requirements and additional cash requirements to fund federal advance construction projects.

NEW SECTION. Sec. 412. In addition to such other appropriations as are made by this act, there is appropriated to the department of transportation from legally available bond proceeds in the respective transportation funds and accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.

NEW SECTION. Sec. 413. If chapter . . . (Substitute House Bill No. 1510), Laws of 1995 is enacted, an appropriation of $787,000 from the oil spill administration account--state and an appropriation of $70,000 from the state toxics control account--state are made to the department of ecology.

NEW SECTION. Sec. 414. The additional distribution of transit equalization moneys provided for in chapter ... (Substitute House Bill No. 1871), Laws of 1995 is contingent upon the enactment of this act.

NEW SECTION. Sec. 415. EXPENDITURE AUTHORIZATIONS. The appropriations contained in this act are maximum expenditure authorizations. Pursuant to RCW 43.88.037, moneys disbursed from the treasury on the basis of a formal loan agreement shall be recorded as loans receivable and not as expenditures for accounting purposes. To the extent that moneys are disbursed on a loan basis, the corresponding appropriation shall be reduced by the amount of loan moneys disbursed from the treasury during fiscal year 1996.

NEW SECTION. Sec. 416. A new section is added to chapter 47.60 RCW to read as follows:

There is hereby established in the transportation fund the passenger ferry account. Money in the account shall be used for capital improvements for passenger ferry projects including, but not limited to, pedestrian and transit facilities at ferry terminals and passenger only ferry vessels. Moneys in the account shall be expended with legislative appropriation.

PART V

MISCELLANEOUS

NEW SECTION. Sec. 501. COORDINATION OF TRANSPORTATION INFORMATION TECHNOLOGY. To maximize the use of transportation revenues, it is the intent of the legislature to encourage sharing of technology, information, and systems where appropriate between transportation agencies.

To facilitate this exchange, the Washington state department of transportation assistant secretary for finance and budget management; Washington state department of transportation chief for management information systems; the Washington state patrol deputy chief, support services bureau; Washington state patrol manager of the computer services division; the department of licensing deputy director and department of licensing assistant director for information systems will meet quarterly to share plans, discuss progress of key projects, and to coordinate activities for the common good. Minutes of these meetings will be distributed to the respective agency heads, the office of financial management and the legislative transportation committee. Washington state department of transportation will provide staff support and meeting coordination.

NEW SECTION. Sec. 502. INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.

(1) The agency shall produce a feasibility study for each information systems project in accordance with published department of information services instructions. In addition to department of information services requirements, the study shall examine and evaluate the costs and benefits of maintaining the status quo and the costs and benefits of the proposed project. The study shall identify when and in what amount any fiscal savings will accrue, and what programs or fund sources will be affected.

(2) The agency shall produce a project management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan shall include, but is not limited to, the following elements: A description of the business problem or opportunity that the information systems project is intended to address; a statement of project objectives and assumptions; definition of phases, tasks, and activities to be accomplished and the estimated cost of each phase; a description of how the agency will facilitate responsibilities of oversight agencies; a description of key decision points in the project life cycle; a description of variance control measures; a definitive schedule that shows the elapsed time estimated to complete the project and when each task is to be started and completed; and a description of resource requirements to accomplish the activities within specified time, cost, and functionality constraints.

(3) A copy of each feasibility study and project management plan shall be provided to the department of information services, the office of financial management, and legislative transportation committees. Authority to expend any funds for individual information systems projects is conditioned on approval of the relevant feasibility study and project management plan by the department of information services and the office of financial management.

(4) A bimonthly project status report shall be submitted to the department of information services, the office of financial management, and legislative transportation committees for each project prior to reaching key decision points identified in the project management plan. Project status reports include: Project name, agency undertaking the project, a description of the project, key project activities or accomplishments during the next sixty to ninety days, baseline cost data, costs to date, baseline schedule, schedule to date, risk assessments, risk management, any deviations from the project feasibility study, and recommendations.

Work shall not commence on any task in a subsequent phase of a project until the status report for the preceding key decision point has been approved by the department of information services and the office of financial management.

(5) If a project review is requested in accordance with department of information services policies, the reviews shall examine and evaluate: System requirements specifications; scope; system architecture; change controls; documentation; user involvement; training; availability and capability of resources; programming languages and techniques; system inputs and outputs; plans for testing, conversion, implementation, and postimplementation; and other aspects critical to successful construction, integration, and implementation of automated systems. Copies of project review written reports shall be forwarded to the office of financial management and appropriate legislative committees by the agency.

(6) A written postimplementation review report shall be prepared by the agency for each information systems project in accordance with published department of information services instructions. In addition to the information requested pursuant to the department of information services instructions, the postimplementation report shall evaluate the degree to which a project accomplished its major objectives including, but not limited to, a comparison of original cost and benefit estimates to actual costs and benefits achieved. Copies of the postimplementation review report shall be provided to the department of information services, the office of financial management, and appropriate legislative committees.

NEW SECTION. Sec. 503. The attorney general shall prepare annually a report to the legislative transportation committee comprising a comprehensive summary of all cases involving tort claims against the department of transportation involving highways which were concluded and closed in the previous calendar year. The report shall include for each case closed:

(1) A summary of the factual background of the case;

(2) Identification of the attorneys representing the state and the opposing parties;

(3) A synopsis of the legal theories asserted and the defenses presented;

(4) Whether the case was tried, settled, or dismissed, and in whose favor;

(5) The approximate number of attorney hours expended by the state on the case, together with the corresponding dollar amount billed therefore; and

(6) Such other matters relating to the case as the attorney general deems relevant or appropriate, especially including any comments or recommendations for changes in statute law or agency practice that might effectively reduce the exposure of the state to such tort claims.

NEW SECTION. Sec. 504. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. The appropriations of moneys and the designation of funds and accounts by this and other acts of the 1995 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, 1989, 1991, and 1993 legislatures to conform state funds and accounts with generally accepted accounting principles.

Sec. 505. RCW 46.68.041 and 1985 ex.s. c 1 s 12 are each amended to read as follows:

(((1))) The department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund ((except as otherwise provided in this section.

(2) Out of each fee of fourteen dollars collected for a driver's license, the sum of ten dollars and twenty cents shall be deposited in the highway safety fund, and three dollars and eighty cents shall be deposited in the general fund)).

Sec. 506. RCW 47.78.010 and 1991 sp.s. c 13 ss 66, 121 are each amended to read as follows:

(1) There is hereby established in the state treasury the high capacity transportation account. Money in the account shall be used, after appropriation, for local high capacity transportation purposes including rail freight.

(2) For the biennium ending June 30, 1997, money in the account may be transferred to the passenger ferry account as provided for in section 409, chapter. . ., Laws of 1995 (section 409 of this act).

(3) Section 506, chapter . . ., Laws of 1995 (this act) shall expire July 1, 1997.

Sec. 507. RCW 81.104.140 and 1992 c 101 s 25 are each amended to read as follows:

(1) Agencies authorized to provide high capacity transportation service, including transit agencies and regional transit authorities, are hereby granted dedicated funding sources for such systems. These dedicated funding sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only for agencies located in (((a) each county with a population of two hundred ten thousand or more and (b) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described under (a) of this subsection)) any county that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders. In any county with a population of one million or more or in any county having a population of four hundred thousand or more bordering a county with a population of one million or more, these funding sources may be imposed only by a regional transit authority and the regional transit authority may only place the authorization for these taxes before the voters after specific legislative approval to do so.

(2) Agencies planning to construct and operate a high capacity transportation system should also seek other funds, including federal, state, local, and private sector assistance.

(3) Funding sources should satisfy each of the following criteria to the greatest extent possible:

(a) Acceptability;

(b) Ease of administration;

(d) Implementation feasibility;

(e) Revenue reliability; and

(f) Revenue yield.

(4) Agencies participating in regional high capacity transportation system development are authorized to levy and collect the following voter-approved local option funding sources:

(a) Employer tax as provided in RCW 81.104.150;

(b) Special motor vehicle excise tax as provided in RCW 81.104.160; and

Revenues from these taxes may be used only to support those purposes prescribed in subsection (((10))) (9) of this section. Before the date of an election authorizing an agency to impose any of the taxes enumerated in this section and authorized in RCW 81.104.150, 81.104.160, and 81.104.170, the agency must comply with the process prescribed in RCW 81.104.100 (1) and (2) and 81.104.110. No construction on exclusive right of way may occur before the requirements of RCW 81.104.100(3) are met.

(5) Authorization in subsection (4) of this section shall not adversely affect the funding authority of transit agencies not provided for in this chapter. Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional high capacity transportation service. Except when a regional transit authority exists, local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled with those generated in other areas for planning, construction, and operation of high capacity transportation systems as set forth in the agreements.

(6) Agencies planning to construct and operate high capacity transportation systems may contract with the state for collection and transference of voter-approved local option revenue.

(7) Dedicated high capacity transportation funding sources authorized in RCW 81.104.150, 81.104.160, and 81.104.170 shall be subject to voter approval by a simple majority. A single ballot proposition may seek approval for one or more of the authorized taxing sources. ((The ballot title shall reference the document identified in subsection (8) of this section.))

(8) ((Agencies shall provide to the registered voters in the area a document describing the systems plan and the financing plan set forth in RCW 81.104.100. It shall also describe the relationship of the system to regional issues such as development density at station locations and activity centers, and the interrelationship of the system to adopted land use and transportation demand management goals within the region. This document shall be provided to the voters at least twenty days prior to the date of the election.

(9))) For any election in which voter approval is sought for a high capacity transportation system plan and financing plan pursuant to RCW 81.104.040, a local voter's pamphlet shall be produced as provided in chapter 29.81A RCW.

(((10))) (9) Agencies providing high capacity transportation service shall retain responsibility for revenue encumbrance, disbursement, and bonding. Funds may be used for any purpose relating to planning, construction, and operation of high capacity transportation systems and commuter rail systems, personal rapid transit, busways, bus sets, and entrained and linked buses.

Sec. 508. RCW 82.44.150 and 1994 c 241 s 1 are each amended to read as follows:

(1) The director of licensing shall, on the twenty-fifth day of February, May, August, and November of each year, advise the state treasurer of the total amount of motor vehicle excise taxes imposed by RCW 82.44.020 (1) and (2) remitted to the department during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:

The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(3) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.

(2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department shall, from motor vehicle excise taxes deposited in the general fund, under RCW 82.44.110(1)(g), make the following deposits:

(a) To the high capacity transportation account created in RCW 47.78.010, a sum equal to four and five-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax within (((i))) each county ((with a population of two hundred ten thousand or more and (ii) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described in subsection (i) of this subsection)) that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders; except that in a case of a municipality located in a county that has a population of one hundred seventy-five thousand or more that does not have an interstate highway located within its borders, that sum shall be deposited in the passenger ferry account created in section 416 of this act;

(b) To the central Puget Sound public transportation account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within a county with a population of one million or more and a county with a population of from two hundred thousand to less than one million bordering a county with a population of one million or more, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(b) applies; however, any transfer under this subsection (2)(b) must be greater than zero;

(c) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within counties not described in (b) of this subsection, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(c) applies; however, any transfer under this subsection (2)(c) must be greater than zero; and

(d) To the general fund, for revenues distributed after June 30, 1993, and to the transportation fund, for revenues distributed after June 30, 1995, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent notwithstanding the requirements set forth in subsections (3) through (6) of this section, reduced by an amount equal to distributions made under (a), (b), and (c) of this subsection and RCW 82.14.046.

(3) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:

(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding (i) the excise tax imposed under RCW 35.58.273 for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and (ii) the sales and use tax equalization distributions provided under RCW 82.14.046; and

(b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter, excluding the sales and use tax equalization distributions provided under RCW 82.14.046.

(4) At the close of each calendar year accounting period, but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (3) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections. Any municipality that has not submitted the report by April 1 shall cease to be eligible to receive motor vehicle excise taxes under subsection (3) of this section until the report is received by the director of licensing. If a municipality has received more or less money under subsection (3) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues. In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 during that same calendar year excluding the sales and use tax equalization distributions provided under RCW 82.14.046. At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.

(5) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section and RCW 82.14.046 shall be remitted without legislative appropriation.

(6) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (3) of this section.

NEW SECTION. Sec. 509. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 510. EMERGENCY CLAUSE. 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, 1995.

On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 46.68.041, 47.78.010, 81.104.140, and 82.44.150; adding a new section to chapter 47.60 RCW; creating new sections; making appropriations; providing an effective date; and declaring an emergency."

Representative Hatfield moved adoption of the following amendment to the amendment by Representative Hatfield:

On page 4, after line 23 insert the following:

"NEW SECTION. Sec. 111. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 292,500

TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 292,500

Representative Hatfield spoke in favor of the adoption of the amendment to the amendment.

Representative Mitchell spoke against the adoption of the amendment to the amendment.

The amendment was not adopted.

Representative Costa moved adoption of the following amendment to the amendment by Representative Costa:

On page 5, line 7 of the amendment, strike "144,000" and insert "288,000"

On page 5, line 8 of the amendment, strike "2,945,000" and insert "3,089,000"

Representatives Costa, Robertson and Chappell spoke in favor of the adoption of the amendment to the amendment.

A division was called. The Speaker called on the House to divide. The results of the division was: 91-YEAS, 1-NAYS. The amendment was adopted.

Representative K. Schmidt moved adoption of the following amendment to the amendment by Representative K. Schmidt:

On page 8, line 4 of the amendment, after "patrol" strike all material through "and" on line 5

On page 8, line 10 of the amendment, after "1996." strike all material through "biennium." on line 12

Representative K. Schmidt spoke in favor of the adoption of the amendment to the amendment.

The amendment was adopted.

Representative K. Schmidt moved adoption of the following amendment to the amendment by Representative K. Schmidt:

On page 20, line 13 of the amendment, after "sources." strike all material through "state." on line 15

Representative K. Schmidt spoke in favor of the adoption of the amendment to the amendment.

The amendment was adopted.

Representative Benton moved adoption of the following amendment to the amendment by Representative Benton:

On page 37, following line 3 of the amendment, strike all material through line 9 and insert:

"((In any county with a population of one million or more or in any county having a population of four hundred thousand or more bordering a county with a population of one million or more, these funding sources may be imposed only by a regional transit authority)) An authorizing proposition to impose these dedicated funding sources may be put before the voters only after specific legislative approval to do so."

Representatives Benton and Cairnes spoke in favor of the adoption of the amendment to the amendment.

Representative R. Fisher spoke against the adoption of the amendment to the amendment.

A division was called. The Speaker called on the House to divide. The results of the division was: 59-YEAS, 33-NAYS. The amendment was adopted.

Representative Cairnes moved adoption of the following amendment to the amendment by Representative Cairnes:

On page 42, after line 20 of the amendment, insert the following:

"NEW SECTION. Sec. 509. The following acts or parts of acts are each repealed:

(1) RCW 81.112.010 and 1992 c 101 s 1;

(2) RCW 81.112.020 and 1992 c 101 s 2;

(3) RCW 81.112.030 and 1994 c 44 s 1, 1993 sp.s. c 23 s 62, & 1992 c 101 s 3;

(4) RCW 81.112.040 and 1994 c 109 s 1 & 1992 c 101 s 4;

(5) RCW 81.112.050 and 1992 c 101 s 5;

(6) RCW 81.112.060 and 1992 c 101 s 6;

(7) RCW 81.112.070 and 1992 c 101 s 7;

(8) RCW 81.112.080 and 1992 c 101 s 8;

(9) RCW 81.112.090 and 1992 c 101 s 9;

(10) RCW 81.112.100 and 1992 c 101 s 10;

(11) RCW 81.112.110 and 1992 c 101 s 11;

(12) RCW 81.112.120 and 1992 c 101 s 12;

(13) RCW 81.112.130 and 1992 c 101 s 13;

(14) RCW 81.112.140 and 1992 c 101 s 14;

(15) RCW 81.112.150 and 1992 c 101 s 15;

(16) RCW 81.112.160 and 1992 c 101 s 16;

(17) RCW 81.112.170 and 1992 c 101 s 17;

(18) RCW 81.112.900 and 1992 c 101 s 33;

(19) RCW 81.112.901 and 1992 c 101 s 34; and

(20) RCW 81.112.902 and 1992 c 101 s 35.

Sec. 510. RCW 81.104.015 and 1992 c 101 s 19 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "High capacity transportation system" means a system of public transportation services within an urbanized region operating principally on exclusive rights of way, and the supporting services and facilities necessary to implement such a system, including interim express services and high occupancy vehicle lanes, which taken as a whole, provides a substantially higher level of passenger capacity, speed, and service frequency than traditional public transportation systems operating principally in general purpose roadways.

(2) "Regional transit system" means a high capacity transportation system under the jurisdiction of one or more transit agencies ((except where a regional transit authority created under chapter 81.112 RCW exists, in which case "regional transit system" means the high capacity transportation system under the jurisdiction of a regional transit authority)).

(3) "Transit agency" means city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas.

Sec. 511. RCW 81.104.030 and 1993 c 428 s 1 are each amended to read as follows:

(1) In any county ((with a population of from two hundred ten thousand to less than one million that is not bordered by a county with a population of one million or more, and in each county with a population of less than two hundred ten thousand)) that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders, except for any county having a population of more than one million or a county that has a population more than four hundred thousand and is adjacent to a county with a population of more than one million, transit agencies may elect to establish high capacity transportation service. Such agencies shall form a regional policy committee with proportional representation based upon population distribution within the designated service area and a representative of the department of transportation, or such agencies may use the designated metropolitan planning organization as the regional policy committee.

Transit agencies participating in joint regional policy committees shall seek voter approval within their own service boundaries of a high capacity transportation system plan and financing plan. For transit agencies in counties adjoining state or international boundaries where the high capacity transportation system plan and financing plan propose a bi-state or international high capacity transportation system, such voter approval shall be required from only those voters residing within the service area in the state of Washington.

(2) Transit agencies in counties adjoining state or international boundaries are authorized to participate in the regional high capacity transportation programs of an adjoining state or Canadian province.

Sec. 512. RCW 81.104.040 and 1992 c 101 s 21 are each amended to read as follows:

Transit agencies in each county with a population of one million or more, and in each county with a population of from ((two)) four hundred ((ten)) thousand to less than one million bordering a county with a population of one million or more ((that are authorized on January 1, 1991, to provide high capacity transportation planning and operating services must)) may establish through interlocal agreements a ((joint regional policy committee with proportional representation based upon the population distribution within each agency's designated service area, as determined by the parties to the agreement.

(1) The membership of the joint regional policy committee shall consist of locally elected officials who serve on the legislative authority of the existing transit systems and a representative from the department of transportation. Nonvoting membership for elected officials from adjoining counties may be allowed at the committee's discretion.

(2) The joint regional policy committee shall be responsible for the preparation and adoption of)) process to jointly prepare a regional high capacity transportation implementation program, which shall include the system plan, project plans, and a financing plan. This program shall be in conformance with the regional transportation planning organization's regional transportation plan and consistent with RCW 81.104.080.

(((3) The joint regional policy committee shall present an adopted high capacity transportation system plan and financing plan to the boards of directors of the transit agencies within the service area or to the regional transit authority, if such authority has been formed. The authority shall proceed as prescribed in RCW 81.112.030)).

Transit agencies are encouraged to utilize this process and the process in section 518 of this act in order to better coordinate high-capacity transit services and to provide for more effective utilization of transportation resources.

Sec. 513. RCW 81.104.050 and 1992 c 101 s 22 are each amended to read as follows:

Regional high capacity transportation service may be expanded beyond the established district boundaries through interlocal agreements among the transit agencies ((and any regional transit authorities in existence)).

Sec. 514. RCW 81.104.120 and 1993 c 428 s 2 are each amended to read as follows:

(1) Transit agencies ((and regional transit authorities)) may operate or contract for commuter rail service where it is deemed to be a reasonable alternative transit mode. A reasonable alternative is one whose ((passenger)) costs per passenger mile, including costs of trackage, equipment, maintenance, operations, and administration are equal to or less than comparable bus, entrained bus, trolley, or personal rapid transit systems.

(2) A county may use funds collected under RCW 81.100.030 or 81.100.060 to contract with one or more transit agencies ((or regional transit authorities)) for planning, operation, and maintenance of commuter rail projects which: (a) Are consistent with the regional transportation plan; (b) have met the project planning and oversight requirements of RCW 81.104.100 and 81.104.110; and (c) have been approved by the voters within the service area of each transit agency ((or regional transit authority)) participating in the project. For transit agencies in counties adjoining state or international boundaries where the high capacity transportation system plan and financing plan propose a bi-state or international high capacity transportation system, such voter approval shall be required from only those voters residing within the service area in the state of Washington. The phrase "approved by the voters" includes specific funding authorization for the commuter rail project.

(3) The utilities and transportation commission shall maintain safety responsibility for passenger rail service operating on freight rail lines. Agencies providing passenger rail service on lines other than freight rail lines shall maintain safety responsibility for that service.

Sec. 515. RCW 81.104.140 and 1992 c 101 s 25 are each amended to read as follows:

(1) Transit agencies authorized to provide high capacity transportation service((, including transit agencies and regional transit authorities,)) are hereby granted dedicated funding sources for such systems. These dedicated funding sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only for agencies located in (((a) each county with a population of two hundred ten thousand or more and (b) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described under (a) of this subsection)) any county that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders. In any county with a population of one million or more or in any county having a population of four hundred thousand or more bordering a county with a population of one million or more, these funding sources may be ((imposed only by a regional transit authority)) placed before the voters for approval only after specific legislative approval by a recorded majority vote of the house of representatives and of the senate.

(2) Agencies planning to construct and operate a high capacity transportation system should also seek other funds, including federal, state, local, and private sector assistance.

(3) Funding sources should satisfy each of the following criteria to the greatest extent possible:

(a) Acceptability;

(b) Ease of administration;

(d) Implementation feasibility;

(e) Revenue reliability; and

(f) Revenue yield.

(4) Agencies participating in regional high capacity transportation system development are authorized to levy and collect the following voter-approved local option funding sources:

(a) Employer tax as provided in RCW 81.104.150;

(b) Special motor vehicle excise tax as provided in RCW 81.104.160; and

(5) Authorization in subsection (4) of this section shall not adversely affect the funding authority of transit agencies not provided for in this chapter. Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional high capacity transportation service. ((Except when a regional transit authority exists,)) Local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled with those generated in other areas for planning, construction, and operation of high capacity transportation systems as set forth in the agreements.

(6) Agencies planning to construct and operate high capacity transportation systems may contract with the state for collection and transference of voter-approved local option revenue.

Sec. 516. RCW 81.104.150 and 1992 c 101 s 26 are each amended to read as follows:

Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas((, and regional transit authorities)) may submit an authorizing proposition to the voters and if approved may impose an excise tax of up to two dollars per month per employee on all employers located within the agency's jurisdiction, measured by the number of full-time equivalent employees, solely for the purpose of providing high capacity transportation service. The rate of tax shall be approved by the voters. This tax may not be imposed by((: (1))) a transit agency when the county within which it is located is imposing an excise tax pursuant to RCW 81.100.030((; or (2) a regional transit authority when any county within the authority's boundaries is imposing an excise tax pursuant to RCW 81.100.030)). The agency imposing the tax authorized in this section may provide for exemptions from the tax to such educational, cultural, health, charitable, or religious organizations as it deems appropriate.

Sec. 517. RCW 81.104.160 and 1992 c 194 s 13 and 1992 c 101 s 27 are each reenacted and amended to read as follows:

(1) Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas((, and regional transit authorities)) may submit an authorizing proposition to the voters, and if approved, may levy and collect an excise tax, at a rate approved by the voters, but not exceeding eighty one-hundredths of one percent on the value, under chapter 82.44 RCW, of every motor vehicle owned by a resident of the taxing district, solely for the purpose of providing high capacity transportation service. In any county imposing a motor vehicle excise tax surcharge pursuant to RCW 81.100.060, the maximum tax rate under this section shall be reduced to a rate equal to eighty one-hundredths of one percent on the value less the equivalent motor vehicle excise tax rate of the surcharge imposed pursuant to RCW 81.100.060. This rate shall not apply to vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, ((46.16.080,)) 46.16.085, or 46.16.090.

(2) An agency imposing a tax under subsection (1) of this section may also impose a sales and use tax solely for the purpose of providing high capacity transportation service, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall bear the same ratio to the rate imposed under RCW 82.08.020(2) as the excise tax rate imposed under subsection (1) of this section bears to the excise tax rate imposed under RCW 82.44.020 (1) and (2). The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax. The revenue collected under this subsection shall be used in the same manner as excise taxes under subsection (1) of this section.

Sec. 518. RCW 81.104.170 and 1992 c 101 s 28 are each amended to read as follows:

The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. The maximum rate of such tax shall be approved by the voters and shall not exceed one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The maximum rate of such tax that may be imposed shall not exceed nine-tenths of one percent in any county that imposes a tax under RCW 82.14.340((, or within a regional transit authority if any county within the authority imposes a tax under RCW 82.14.340)).

Sec. 519. RCW 81.104.180 and 1992 c 101 s 29 are each amended to read as follows:

Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas((, and regional transit authorities)) are authorized to pledge revenues from the employer tax authorized by RCW 81.104.150, the special motor vehicle excise tax authorized by RCW 81.104.160, and the sales and use tax authorized by RCW 81.104.170, to retire bonds issued solely for the purpose of providing high capacity transportation service.

Sec. 520. RCW 81.104.190 and 1992 c 101 s 30 are each amended to read as follows:

Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas((, and regional transit systems)) may contract with the state department of revenue or other appropriate entities for administration and collection of any tax authorized by RCW 81.104.150, 81.104.160, and 81.104.170.

Sec. 521. RCW 35.58.2795 and 1994 c 158 s 6 are each amended to read as follows:

By April 1st of each year, the legislative authority of each municipality, as defined in RCW 35.58.272, ((and each regional transit authority)) shall prepare a six-year transit development plan for that calendar year and the ensuing five years. The program shall be consistent with the comprehensive plans adopted by counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the inherent authority of a first class city or charter county derived from its charter, or chapter 36.70A RCW. The program shall contain information as to how the municipality intends to meet state and local long-range priorities for public transportation, capital improvements, significant operating changes planned for the system, and how the municipality intends to fund program needs. The six-year plan for each municipality ((and regional transit authority)) shall specifically set forth those projects of regional significance for inclusion in the transportation improvement program within that region. Each municipality ((and regional transit authority)) shall file the six-year program with the state department of transportation, the transportation improvement board, and cities, counties, and regional planning councils within which the municipality is located.

In developing its program, the municipality ((and the regional transit authority)) shall consider those policy recommendations affecting public transportation contained in the state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the legislature. The municipality shall conduct one or more public hearings while developing its program and for each annual update.

Sec. 522. RCW 47.26.121 and 1994 c 179 s 13 are each amended to read as follows:

(1) There is hereby created a transportation improvement board of eighteen members, six of whom shall be county members and six of whom shall be city members. The remaining members shall be: (a) One representative appointed by the governor who shall be a state employee with responsibility for transportation policy, planning, or funding; (b) the assistant secretary of the department of transportation whose primary responsibilities relate to planning and public transportation; (c) the assistant secretary for local programs of the department of transportation; (d) a representative of a public transit system; (e) a private sector representative; and (f) a public member.

(2) Of the county members of the board, one shall be a county engineer or public works director; one shall be the executive director of the county road administration board; one shall be a county planning director or planning manager; one shall be a county executive, councilmember, or commissioner from a county with a population of one hundred twenty-five thousand or more; one shall be a county executive, councilmember, or commissioner of a county who serves on the board of a public transit system; and one shall be a county executive, councilmember, or commissioner from a county with a population of less than one hundred twenty-five thousand. All county members of the board, except the executive director of the county road administration board, shall be appointed. Not more than one county member of the board shall be from any one county. No more than two of the three county-elected officials may represent counties located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.

(3) Of the city members of the board one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city with a population of twenty thousand or more; one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city of less than twenty thousand population; one shall be a city planning director or planning manager; one shall be a mayor, commissioner, or city councilmember of a city with a population of twenty thousand or more; one shall be a mayor, commissioner, or city councilmember of a city who serves on the board of a public transit system; and one shall be a mayor, commissioner, or councilmember of a city of less than twenty thousand population. All of the city members shall be appointed. Not more than one city member of the board shall be from any one city. No more than two of the three city-elected officials may represent cities located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.

(4) The transit member shall be a general manager, executive director, or transit director of a public transit system.

(5) The private sector member shall be a citizen with business, management, and transportation related experience and shall be active in a business community-based transportation organization.

(6) The public member shall have professional experience in transportation or land use planning, a demonstrated interest in transportation issues, and involvement with community groups or grass roots organizations.

(7) Appointments of county, city, transit, private sector, and public representatives shall be made by the secretary of the department of transportation. Appointees shall be chosen from a list of two persons for each position nominated by the Washington state association of counties for county members, the association of Washington cities for city members, and the Washington state transit association for the transit member. The private sector and public members shall be sought through classified advertisements in selected newspapers collectively serving all urban areas of the state, and other appropriate means. Persons applying for the private sector or the public member position must provide a letter of interest and a resume to the secretary of the department of transportation. In the case of a vacancy, the appointment shall be only for the remainder of the unexpired term in which the vacancy has occurred. A vacancy shall be deemed to have occurred on the board when any member elected to public office completes that term of office or is removed therefrom for any reason or when any member employed by a political subdivision terminates such employment for whatsoever reason or when a private sector or public member resigns or is unable or unwilling to serve.

(8) Appointments shall be for terms of four years. Terms of all appointed members shall expire on June 30th of even-numbered years. The initial term of appointed members may be for less than four years. No appointed member may serve more than two consecutive four-year terms.

(9) The board shall elect a chair from among its members for a two-year term.

(10) Expenses of the board shall be paid in accordance with RCW 47.26.140.

(11) For purposes of this section, "public transit system" means a city-owned transit system, county transportation authority, metropolitan municipal corporation, or public transportation benefit area((, or regional transit authority)).

Sec. 523. RCW 47.80.060 and 1992 c 101 s 31 are each amended to read as follows:

In order to qualify for state planning funds available to regional transportation planning organizations, the regional transportation planning organizations containing any county with a population in excess of one million shall provide voting membership on its executive board to the state transportation commission, the state department of transportation, and the three largest public port districts within the region as determined by gross operating revenues. It shall further assure that at least fifty percent of the county and city local elected officials who serve on the executive board also serve on transit agency boards ((or on a regional transit authority)).

NEW SECTION. Sec. 524. (1) Every regional transit authority created under chapter 81.112 RCW is hereby abolished.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of any regional transit authority created under chapter 81.112 RCW shall be delivered to the custody of the transit agencies within the boundaries of the regional transit authority. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by any regional transit authority created under chapter 81.112 RCW shall be made available to the transit agencies within the boundaries of the regional transit authority. All funds, credits, or other assets held by any regional transit authority created under chapter 81.112 RCW shall be assigned to the transit agencies within the boundaries of the regional transit authority.

(b) Any appropriations or grants made to any regional transit authority created under chapter 81.112 RCW and any funds in the custody of any regional transit authority created under chapter 81.112 RCW shall, on the effective date of this section, be transferred and credited to the transit agencies within the boundaries of the regional transit authority.

(c) If any question or dispute 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 rules and all pending business before any regional transit authority created under chapter 81.112 RCW shall be continued and acted upon by the transit agencies within the boundaries of the regional transit authority. All existing contracts and obligations shall remain in full force and shall be performed by the transit agencies within the boundaries of the regional transit authority.

(4) The transfer of the duties, functions, and personnel of any regional transit authority created under chapter 81.112 RCW shall not affect the validity of any act performed before the effective date of this section.

(5) 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.

(6) 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.

(7) The transit agencies within the boundaries of the regional transit authority shall apportion equitably among themselves any assets or liabilities remaining after the regional transit authority is abolished.

NEW SECTION. Sec. 525. A new section is added to chapter 81.104 RCW to read as follows:

Transit agencies entering into local agreements under RCW 81.104.040 shall include, as part of their process to prepare a high capacity transportation program, a comprehensive treatment of mobility in the entire region which their program addresses. It shall consider existing and future technological alternatives under development demonstrating the capacity for addressing regional transportation problems into the twenty-first century.

The evaluation shall address trips throughout the region including city-to-city, city-to-suburb, and suburb-to-suburb, considering steps necessary to reduce congestion, especially addressing rush hour traffic. The program shall be destination oriented, addressing not only the service needs of urban areas but those of less populated areas throughout the region. It shall include necessary freeway expansion, including the use of special purpose lanes to expedite commerce and for other purposes. It shall also consider programs developed for certain areas such as fare-free programs, and tax incentives for business and individuals designed to reduce traffic congestion and ensure mobility.

The process shall include input from cities and counties, public ports, large employers in the area, the department of transportation, and the legislature.

NEW SECTION. Sec. 526. Section 507, chapter . . ., Laws of 1995 (H-2608.3/95) shall expire on May 31, 1996.

NEW SECTION. Sec. 527. Unless a high capacity transportation system plan, with funding, as authorized under RCW 81.104.140 is approved by a majority of the voters within the boundaries of a regional transit authority, authorized under chapter 81.112 RCW, by May 31, 1996, sections 509 through 526 of this act shall take effect May 31, 1996."

On page 42, line 25 of the amendment, strike "This" and insert "Except for sections 509 through 526 of this act, this"

Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title amendment.

Representatives Cairnes, Campbell, Mitchell, Benton and Hargrove spoke in favor of the adoption of the amendment to the amendment.

Representative Patterson demanded an electronic roll call vote and the demand was sustained.

Representatives R. Fisher and Patterson spoke against the adoption of the amendment to the amendment.

ROLL CALL

The Clerk called the roll on the adoption of the amendment, on page 42, after line 20, to Substitute House Bill No. 2080 and the amendment was adopted by the following vote: Yeas - 63, Nays - 30, Absent - 1, Excused - 3.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Pelesky, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 63.

Voting nay: Representatives Appelwick, Basich, Blanton, Brown, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Jacobsen, Mason, Mastin, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 30.

Absent: Representative Reams - 1.

Excused: Representatives Casada, Dellwo and Mulliken - 3.

The amendment as amended was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives K. Schmidt, Smith, Robertson, Benton and Mitchell spoke in favor of passage of the bill.

Representatives R. Fisher, Chopp, Brown, Patterson, Ogden, Kessler and Romero spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2080.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2080, and the bill passed the House by the following vote: Yeas - 55, Nays - 39, Absent - 0, Excused - 3.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Talcott, Thomas, B., Thomas, L., Thompson and Mr. Speaker - 55.

Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Fuhrman, Grant, Hatfield, Jacobsen, Kessler, Koster, Kremen, Mason, Mastin, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Schmidt, D., Sheldon, Sommers, Stevens, Thibaudeau, Tokuda, Valle, Van Luven, Veloria and Wolfe - 39.

Excused: Representatives Casada, Dellwo and Mulliken - 3.

Engrossed Substitute House Bill No. 2080, having received the constitutional majority, was declared passed.

MOTION FOR RECONSIDERATION

Representative Morris: Having voted on the prevailing side of Engrossed Substitute House Bill No. 2080 moved that the House immediately reconsider the vote.

RECONSIDERATION

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2080 on reconsideration.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2080 on reconsideration, and the bill passed the House by the following vote: Yeas - 55, Nays - 39, Absent - 0, Excused - 3.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Talcott, Thomas, B., Thomas, L., Thompson and Mr. Speaker - 55.

Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Koster, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Schmidt, D., Sheldon, Sommers, Stevens, Thibaudeau, Tokuda, Valle, Van Luven, Veloria and Wolfe - 39.

Excused: Representatives Casada, Dellwo and Mulliken - 3.

Engrossed Substitute House Bill No. 2080 on reconsideration, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL

April 11, 1995

Mr. Speaker:

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1248 with the following amendments:

On page 2, beginning on line 34, strike all of section 4 and insert the following:

"NEW SECTION. Sec. 4. (1) The recipient shall begin paying the deferred taxes in the fifth year after the date certified by the department as the date on which the investment project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years with amounts of payment scheduled as follows:

Repayment Year % of Deferred Tax Repaid

1 10%

2 10%

3 10%

4 10%

5 10%

6 10%

7 10%

8 10%

9 10%

10 10%

(2) The department may authorize an accelerated repayment schedule upon request of the recipient.

(3) Interest shall not be charged on any taxes deferred under this chapter for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this chapter. The debt for deferred taxes is not extinguished by insolvency or other failure of the recipient."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MOTION

Representative Van Luven moved that the House not concur in the Senate amendments to Substitute House Bill No. 1248.

Representative Appelwick spoke in favor of the motion. The motion was carried.

There being no objection, the House advanced to the eleventh order of business.

MOTION

On motion of Representative Foreman, the House adjourned until 9:30 a.m., Wednesday, April 12, 1995.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk