HJ 96 038

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THIRTY-EIGHTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Wednesday, February 14, 1996

The House was called to order at 10:00 a.m. by the Speaker (Representative K. Schmidt 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 Peter Maughan and Keesha Kohler. Prayer was offered by Representative Mulliken.

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

February 13, 1996

Mr. Speaker:

The Senate has passed:

FOURTH SUBSTITUTE SENATE BILL NO. 5159,

SECOND SUBSTITUTE SENATE BILL NO. 6121,

SENATE BILL NO. 6181,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6210,

ENGROSSED SENATE BILL NO. 6230,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6231,

SENATE BILL NO. 6302,

SENATE BILL NO. 6306,

SECOND SUBSTITUTE SENATE BILL NO. 6336,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6390,

ENGROSSED SENATE BILL NO. 6413,

SUBSTITUTE SENATE BILL NO. 6466,

SENATE BILL NO. 6495,

SENATE BILL NO. 6496,

SECOND SUBSTITUTE SENATE BILL NO. 6508,

SENATE BILL NO. 6516,

ENGROSSED SENATE BILL NO. 6544,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6554,

ENGROSSED SENATE BILL NO. 6596,

SUBSTITUTE SENATE BILL NO. 6626,

SUBSTITUTE SENATE BILL NO. 6637,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6638,

SUBSTITUTE SENATE BILL NO. 6673,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6701,

SENATE BILL NO. 6704,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6753,

and the same are herewith transmitted.

Marty Brown, Secretary

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

The Speaker called the House to order.

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

SECOND READING

HOUSE BILL NO. 2343, by Representatives K. Schmidt, R. Fisher, D. Schmidt and Thompson; by request of Office of Financial Management

Funding transportation.

The bill was read the second time. There being no objection, Substitute House Bill No. 2343 was substituted for House Bill No. 2343 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2343 was read the second time.

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

On page 4, line 8, strike "October 1, 1996" and insert "December 31, 1996"

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

The amendment was adopted.

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

On page 17, line 31, strike "8,370,000" and insert "6,281,317"

On page 17, line 32, strike "9,608,000" and insert "7,519,317"

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

The amendment was adopted.

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

On page 18, line 34, strike "226,274,000" and insert "222,274,000"

On page 18, line 38, strike "230,040,000" and insert "226,040,000"

On page 20, beginning on line 8, strike all of subsection (7)

On page 48, after line 9, insert the following:

"NEW SECTION. Sec. 1. A new section is added to 1995 2nd sp.s. c 14 (uncodified) to read as follows:

$5,000,000 from the motor vehicle fund--state appropriation and $1,000,000 from the transportation fund--state appropriation are provided to the department of transportation for damage resulting from winter storms and floods. This appropriation will be allotted in programs p-preservation, m-maintenance and y-public transportation and rail as determined by the department of transportation. Remaining funds may be used for flood prevention projects along highways prone to flooding."

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

Representative Foreman spoke in favor of adoption of the amendment.

The amendment was adopted.

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

On page 33, line 38, strike "306,000" and insert "3,006,000"

On page 34, line 4, strike "190,546,000" and insert "193,246,000"

On page 35, after line 11, insert the following:

"(7) $2,700,000 of the transportation fund--state appropriation is provided for bicycle and pedestrian projects selected by the enhancement advisory committee."

Representatives Romero and Basich spoke in favor of adoption of the amendment.

Representatives Elliot and K. Schmidt spoke against adoption of the amendment.

The amendment was not adopted.

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

On page 35, beginning on line 6, strike subsection (a) and insert the following:

"(a) $2,000,000 to the state parks and recreation commission to be used solely for the development of the John Wayne Pioneer Trail. The amount provided represents partial consideration for cross-state trail development necessitated by the transfer of land between Ellensburg and Lind that will be used as a rail corridor under Substitute House Bill No. 2832. If Substitute House Bill No. 2832 is not enacted by June 30, 1996, this subsection is null and void; and"

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

The amendment was adopted.

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

On page 48, after line 9, insert the following:

"Sec. 1. RCW 46.16.313 and 1995 3rd sp.s. c 1 s 103 are each amended to read as follows:

(1) The department may establish a fee for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c) in an amount calculated to offset the cost of production of the special license plates and the administration of this program. The fee shall not exceed thirty-five dollars and is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.

(2) In addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

(3) Except as set forth under subsection (4) of this section, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.

(4) Until June 30, 1997, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay a fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for license plate production, administration, and collection expenses incurred by it. The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund."

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

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

On page 2, line 9, after "plate" strike "production,"

On page 2, line 9, after "administration" strike ","

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

The amendment to the amendment was adopted.

Representatives Robertson and R. Fisher spoke in favor of adoption of the amendment as amended.

The amendment as amended was adopted.

Representative R. Fisher moved the adoption of the following amendment by Representative R. Fisher:

On page 48, after line 9, insert the following:

"NEW SECTION. Sec. 506. A new section is added to 1995 2nd sp.s. c 14 (uncodified) to read as follows:

FOR THE STATE TREASURER--FOR CITIES AND TOWNS

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 12,179,832

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The state treasurer shall distribute to those cities and towns that have enacted a street utility ordinance pursuant to RCW 82.80.040 as of November 2, 1995, their proportionate share of the revenues that would have been collected pursuant to their ordinance. This appropriation shall be used for transportation purposes only. The staff of the legislative transportation committee shall provide the treasurer with the information necessary to effect this transfer."

Renumber the remaining sections and correct internal references accordingly.

Representatives R. Fisher and Grant spoke in favor of adoption of the amendment.

Representative K. Schmidt spoke against adoption of the amendment.

Representative Hatfield 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 48, after line 9, to Substitute House Bill No. 2343 and the amendment was not adopted by the following vote: Yeas - 33, Nays - 63, Absent - 2, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Mason, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 33.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 63.

Absent: Representatives Morris and Pennington - 2.

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, Mitchell, Reams and Elliot spoke in favor of passage of the bill.

Representative R. Fisher spoke against passage of the bill.

MOTION

On motion of Representative Talcott, Representative Pennington was excused.

MOTION

On motion of Representative Kessler, Representative Morris was excused.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2343.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2343 and the bill passed the House by the following vote: Yeas - 73, Nays - 23, Absent - 0, Excused - 2.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chopp, Clements, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Ogden, Patterson, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 73.

Voting nay: Representatives Appelwick, Brown, Chappell, Cody, Cole, Conway, Dellwo, Dickerson, Fisher, R., Jacobsen, Mason, Murray, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 23.

Excused: Representatives Morris and Pennington - 2.

Engrossed Substitute House Bill No. 2343, having received the constitutional majority, was declared passed.

There being no objection, the House reverted to the fourth order of business.

INTRODUCTIONS AND FIRST READING

4SSB 5159 by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Oke, Haugen and Hochstatter)

Creating the warm water game fish enhancement program.

Referred to Committee on Natural Resources.

2SSB 6121 by Senate Committee on Ways & Means (originally sponsored by Senators Quigley, Smith, Fairley, Kohl, Bauer, Drew, Thibaudeau, Sheldon, Snyder, Rinehart, Franklin, Wojahn and Pelz)

Providing premium offsets for medicare supplemental insurance policies.

Referred to Committee on Health Care.

SB 6181 by Senator Smith

Clarifying the waiver of jury trial rights upon acceptance of a deferred prosecution.

Referred to Committee on Law & Justice.

ESSB 6210 by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser, Swecker, Drew, Owen, Oke, Prentice, A. Anderson, Strannigan, Haugen, Bauer and Rasmussen)

Allowing for advanced mitigation for unavoidable impacts to wetlands.

Referred to Committee on Agriculture & Ecology.

ESB 6230 by Senators Kohl, Fairley and Thibaudeau

Requiring reporting of actions taken against out-of-home care providers.

Referred to Committee on Children & Family Services.

E2SSB 6231 by Senate Committee on Ways & Means (originally sponsored by Senators Kohl, Long, Fairley, Strannigan, Wojahn, Hargrove, Haugen, Winsley, Bauer, Prentice and Rasmussen)

Protecting victims from sexually aggressive youth.

Referred to Committee on Children & Family Services.

SB 6302 by Senators Haugen, A. Anderson, Owen, Snyder, Swecker, Fraser, Morton and Hargrove

Revising provision for appointment of a county legislative authority member of the forest practices board.

Referred to Committee on Natural Resources.

SB 6306 by Senators Rinehart, Snyder and McAuliffe

Issuing school district bonds.

Referred to Committee on Education.

2SSB 6336 by Senate Committee on Ways & Means (originally sponsored by Senators Rasmussen, Winsley, Haugen, Swecker, Morton and Sutherland)

Establishing the water resources board.

Referred to Committee on Agriculture & Ecology.

ESSB 6390 by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Johnson, Haugen, Schow, Long, Fairley, Wood, Prince and Heavey)

Regulating interception of communications.

Referred to Committee on Law & Justice.

ESB 6413 by Senators Pelz, Newhouse and Winsley; by request of Employment Security Department

Revising provisions for successor unemployment compensation contribution rates.

Referred to Committee on Commerce & Labor.

SSB 6466 by Senate Committee on Ecology & Parks (originally sponsored by Senators Spanel, Swecker, Sutherland, Morton, Bauer, A. Anderson and Fraser)

Allowing construction that has a minor impact on air quality to proceed without a notice of construction or review approval from the department of ecology.

Referred to Committee on Agriculture & Ecology.

SB 6495 by Senators Smith and Sellar; by request of Administrator for the Courts

Creating two additional superior court positions for Chelan and Douglas counties jointly.

Referred to Committee on Law & Justice.

SB 6496 by Senator Heavey

Authorizing open space protection districts for the purpose of acquiring development rights.

Referred to Committee on Government Operations.

2SSB 6508 by Senate Committee on Ways & Means (originally sponsored by Senators McAuliffe, Bauer, Goings, Wood, Drew, Loveland, Prince, Sheldon, Hale, Snyder, Finkbeiner, Rinehart, West, Rasmussen, Winsley and Kohl)

Establishing the advance college payment program.

Referred to Committee on Higher Education.

SB 6516 by Senators McAuliffe, Rinehart, Drew and Winsley; by request of Joint Select Committee on Education Restructuring, Board of Education and Commission on Student Learning

Changing the timelines for development and implementation of the student assessment system.

Referred to Committee on Education.

ESB 6544 by Senators Smith and McCaslin

Regulating bail bond agency branch offices.

Referred to Committee on Commerce & Labor.

ESSB 6554 by Senate Committee on Energy, Telecommunications & Utilities (originally sponsored by Senator Sutherland)

Providing for attachments to transmission facilities.

Referred to Committee on Energy & Utilities.

ESB 6596 by Senators Drew, Haugen, Winsley, Sheldon, Hale, Snyder, Wood, McAuliffe, Finkbeiner, Goings, Pelz, Franklin, Smith, Sutherland, Bauer, Rasmussen and Oke

Using the most probable and most reasonable use as the basis of calculating property value.

Referred to Committee on Finance.

SSB 6626 by Senate Committee on Ecology & Parks (originally sponsored by Senators Hargrove and Winsley)

Raising the amount that must be exceeded by the cost of dock construction for the construction to be considered substantial development under the Shoreline Management Act of 1971.

Referred to Committee on Agriculture & Ecology.

SSB 6637 by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long)

Limiting growth management hearings board discretion.

Referred to Committee on Government Operations.

ESSB 6638 by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long)

Prescribing standards for development regulations.

Referred to Committee on Government Operations.

SSB 6673 by Senate Committee on Transportation (originally sponsored by Senators Owen and Wood)

Combatting fuel tax evasion.

Referred to Committee on Transportation.

ESSB 6701 by Senate Committee on Transportation (originally sponsored by Senators Fraser and Wood)

Improving public transportation connections.

Referred to Committee on Transportation.

SB 6704 by Senator Sutherland

Relating to the use of telecommunications in the medical industry.

Referred to Committee on Energy & Utilities.

ESSB 6753 by Senate Committee on Transportation (originally sponsored by Senators Oke, Prince, Prentice, Sheldon, Swecker, Wojahn, Deccio, Schow, A. Anderson, Sellar, Winsley, Strannigan, Finkbeiner, Moyer, McDonald, Haugen, Wood and Rasmussen)

Improving the Tacoma Narrows bridge.

Referred to Committee on Transportation.

There being no objection, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.

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

There being no objection, Second Substitute Senate Bill No. 5053 was re-referred from the Committee on Government Operations to the Committee on Trade & Economic Development; Senate Bill No. 6600 was re-referred from the Committee on Government Operations to the Committee on Trade & Economic Development.

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

MOTION

On motion of Representative Foreman, the House adjourned until 9:55 a.m., Thursday, February 15, 1996.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk

2343

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2343 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5053 (2nd Sub)

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

5159 (4th Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6