NOTICE: Formatting and page numbering in this document may be different

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FIFTY SECOND DAY

MORNING SESSION

House Chamber, Olympia, Wednesday, March 4, 1998

The House was called to order at 8:30 a.m. by the Speaker (Representative Pennington 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 Matt Nevitt and Brian Schindler. Prayer was offered by Pastor Guy Cooksey, Poulsbo Church of the Nazerene.

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

REPORTS OF STANDING COMMITTEES

March 3, 1998

ESSB 6533 Prime Sponsor, Committee on Ways & Means: Providing property tax exemptions and deferrals for senior citizens and persons retired for reasons of physical disability. Reported by Committee on Finance

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 84.36.381 and 1996 c 146 s 1 are each amended to read as follows:

A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:

(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of the time of filing: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:

(a) The residence is temporarily unoccupied;

(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or

(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;

(3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;

(4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the assessment year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the assessment year by reason of the death of the person's spouse, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation of such income prior to May 31 of the year following application;

(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of twenty-eight thousand dollars or less shall be exempt from all excess property taxes; and

(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of ((eighteen)) nineteen thousand dollars or less but greater than ((fifteen)) sixteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or

(ii) A person who otherwise qualifies under this section and has a combined disposable income of ((fifteen)) sixteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence; and

(6) For a person who otherwise qualifies under this section and has a combined disposable income of twenty-eight thousand dollars or less, the valuation of the residence shall be the assessed value of the residence on the later of January 1, 1995, or January 1st of the assessment year the person first qualifies under this section. If the person subsequently fails to qualify under this section only for one year because of high income, this same valuation shall be used upon requalification. If the person fails to qualify for more than one year in succession because of high income or fails to qualify for any other reason, the valuation upon requalification shall be the assessed value on January 1st of the assessment year in which the person requalifies. If the person transfers the exemption under this section to a different residence, the valuation of the different residence shall be the assessed value of the different residence on January 1st of the assessment year in which the person transfers the exemption.

In no event may the valuation under this subsection be greater than the true and fair value of the residence on January 1st of the assessment year.

This subsection does not apply to subsequent improvements to the property in the year in which the improvements are made. Subsequent improvements to the property shall be added to the value otherwise determined under this subsection at their true and fair value in the year in which they are made.

Sec. 2. RCW 84.36.383 and 1995 1st sp.s. c 8 s 2 are each amended to read as follows:

As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a different meaning:

(1) The term "residence" shall mean a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre, except that a residence includes any additional property up to a total of five acres that comprises the residential parcel if this larger parcel size is required under land use regulations. The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides. The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080 and 84.04.090, such a residence shall be deemed real property.

(2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040.

(3) "Department" shall mean the state department of revenue.

(4) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the residence for the assessment year, less amounts paid by the person claiming the exemption or his or her spouse during the assessment year for:

(a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this state or another jurisdiction to issue prescriptions; and

(b) The treatment or care of either person received in the home or in a nursing home.

(5) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:

(a) Capital gains, other than ((nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or)) gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;

(b) Amounts deducted for loss;

(d) Pension and annuity receipts;

(e) Military pay and benefits other than attendant-care and medical-aid payments;

(f) Veterans benefits other than attendant-care and medical-aid payments;

(g) Federal social security act and railroad retirement benefits;

(h) Dividend receipts; and

(i) Interest received on state and municipal bonds.

(6) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence.

Sec. 3. RCW 84.38.020 and 1997 c 93 s 1 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Claimant" means a person who either elects or is required under RCW 84.64.050 to defer payment of the special assessments and/or real property taxes accrued on the claimant's residence by filing a declaration to defer as provided by this chapter.

When two or more individuals of a household file or seek to file a declaration to defer, they may determine between them as to who the claimant shall be.

(2) "Department" means the state department of revenue.

(3) "Equity value" means the amount by which the fair market value of a residence as determined from the records of the county assessor exceeds the total amount of any liens or other obligations against the property.

(4) "Local government" means any city, town, county, water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special assessments.

(5) "Real property taxes" means ad valorem property taxes levied on a residence in this state in the preceding calendar year.

(6) "Residence" has the meaning given in RCW 84.36.383((, except that a residence includes any additional property up to a total of five acres that comprises the residential parcel if this larger parcel size is required under land use regulations)).

(7) "Special assessment" means the charge or obligation imposed by a local government upon property specially benefited.

NEW SECTION. Sec. 4. This act applies to taxes levied for collection in 1999 and thereafter."

Correct the title.

Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Morris; Pennington; Thompson and Van Luven.

Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Morris, Pennington, Thompson and Van Luven.

Excused: Representatives Mason and Schoesler.

Passed to Rules Committee for second reading.

There being no objection, the bill listed on the day's committee reports under the fifth order of business was referred to the committees so designated.

MESSAGES

March 3, 1998

Mr. Speaker:

The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6187,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6562,

SENATE BILL NO. 6758,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary

March 3, 1998

Mr. Speaker:

The President has signed:

SUBSTITUTE SENATE BILL NO. 5853,

SUBSTITUTE SENATE BILL NO. 5873,

SENATE BILL NO. 6118,

ENGROSSED SENATE BILL NO. 6123,

SUBSTITUTE SENATE BILL NO. 6129,

SUBSTITUTE SENATE BILL NO. 6136,

SENATE BILL NO. 6158,

SENATE BILL NO. 6159,

SENATE BILL NO. 6171,

SENATE BILL NO. 6192,

SENATE BILL NO. 6202,

and the same are herewith transmitted.

Mike O'Connell, Secretary

March 3, 1998

Mr. Speaker:

The President has signed:

SUBSTITUTE SENATE BILL NO. 6285,

SENATE BILL NO. 6303,

SENATE BILL NO. 6483,

SUBSTITUTE SENATE BILL NO. 6489,

SUBSTITUTE SENATE BILL NO. 6507,

SUBSTITUTE SENATE BILL NO. 6575,

SENATE BILL NO. 6631,

and the same are herewith transmitted.

Mike O'Connell, Secretary

March 3, 1998

Mr. Speaker:

The Senate has passed:

HOUSE BILL NO. 1308,

SUBSTITUTE HOUSE BILL NO. 1977,

HOUSE BILL NO. 2293,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346,

HOUSE BILL NO. 2357,

SECOND SUBSTITUTE HOUSE BILL NO. 2430,

HOUSE BILL NO. 2476,

SUBSTITUTE HOUSE BILL NO. 2523,

HOUSE BILL NO. 2534,

SUBSTITUTE HOUSE BILL NO. 2576,

HOUSE BILL NO. 2577,

SUBSTITUTE HOUSE BILL NO. 2634,

HOUSE BILL NO. 2692,

HOUSE BILL NO. 2698,

HOUSE BILL NO. 2788,

HOUSE BILL NO. 2797,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2900,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2901,

HOUSE BILL NO. 2907,

HOUSE BILL NO. 2965,

SUBSTITUTE HOUSE BILL NO. 2998,

HOUSE BILL NO. 3103,

HOUSE JOINT MEMORIAL NO. 4030,

HOUSE JOINT MEMORIAL NO. 4032,

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary

RESOLUTIONS

HOUSE RESOLUTION NO. 98-4706, by Representatives Quall, Mulliken, Morris and Dunn

WHEREAS, On Thursday, October 30, 1997, at 9:30 p.m. Christopher Tommer was in an accident on a country road outside the city of Yakima, Washington; and

WHEREAS, Christopher's truck flipped over after hitting a dirt embankment and a rock wall trapping him unconscious in a burning truck with leaking gasoline; and

WHEREAS, When Chris J. Watrobka and Cal Stocking came upon the accident scene, they immediately began trying to free Christopher from his fiery confines; and

WHEREAS, Although the two gentlemen received numerous cuts and burns in the process, they freed young Christopher and moved him away from the truck seconds before it became engulfed in flames;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives hereby honor these two good Samaritans for their generous act of daring and heroism; and

BE IT FURTHER RESOLVED, That the people of the State of Washington look to this act as an example of how humanity should act towards one another, and that all citizens strive to behave in such a manner; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the families of Christopher Tommer, Chris J. Watrobka, and Cal Stocking.

Representative Quall moved adoption of the resolution.

Representatives Quall, Mulliken and Morris spoke in favor of the adoption of the resolution.

House Resolution No. 4706 was adopted.

HOUSE RESOLUTION NO. 98-4700, by Representatives L. Thomas, Wensman, Hatfield, Cooke, Robertson and Dyer

WHEREAS, It is the policy of the Legislature to recognize excellence in all fields of endeavor; and

WHEREAS, The Enumclaw/Black Diamond Kids Voting program won the first annual Kids Voting USA Community Award given for outstanding community collaboration in an exceptional program; and

WHEREAS, The Enumclaw/Black Diamond Kids Voting program was one of two programs selected to receive the award from the programs in forty states and the District of Columbia; and

WHEREAS, The Enumclaw/Black Diamond Kids Voting program is part of Kids Voting USA, a national program that promotes voter participation and the education of children regarding participatory democracy by allowing students to involve themselves in the voting process; and

WHEREAS, The Enumclaw/Black Diamond Kids Voting program was one of the first such programs established in the United States; and

WHEREAS, In its pilot year, the Enumclaw/Black Diamond Kids Voting program established the national record for increase in adult voter turnout attributable to the Enumclaw/Black Diamond Kids Voting program, a record that it holds to this day; and

WHEREAS, The success of the Enumclaw/Black Diamond Kids Voting program is due to the efforts of the students, parents, and community members who participated in the program as well as the staff of the Enumclaw/Black Diamond Kids Voting program;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor the Enumclaw/Black Diamond Kids Voting program and each individual who helped to make it a success; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Marv Norman, President of Kids Voting Washington, and Jack Darnton, chair of the Enumclaw/Black Diamond Kids Voting program.

Representative L. Thomas moved adoption of the resolution.

Representatives L. Thomas, Wensman, Cooke and Dyer spoke in favor of the adoption of the resolution.

House Resolution No. 4700 was adopted.

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

SECOND READING

HOUSE BILL NO. 3122, by Representative Ballasiotes

Regarding work ethic camp programs.

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 Ballasiotes and Quall spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 3122.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 3122 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

House Bill No. 3122, having received the constitutional majority, was declared passed.

SENATE BILL NO. 5094, by Senator Roach

Prescribing procedures for release of offenders.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Criminal Justice & Corrections was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

Representative Sterk moved the adoption of amendment (1045)

On page 3, after line 9, insert the following:

"NEW SECTION. Sec. 3. The department of corrections shall conduct a special study of sex offenders who have committed sex offenses against children.

(1) The study shall include any person:

(a) Convicted of any of the following offenses:

(i) Rape of a child in the first degree (RCW 9A.44.073), second degree (RCW 9A.44.076), or third degree (RCW 9A.44.079);

(ii) Child molestation in the first degree (RCW 9A.44.083), second degree (RCW 9A.44.086), or third degree (RCW 9A.44.089);

(iii) Sexual misconduct with a minor in the first degree (RCW 9A.44.093) or second degree (RCW 9A.44.096); or

(iv) Any equivalent or substantially similar offense committed against a child for which the person was convicted in another jurisdiction;

(b) Who resides within one mile of any of the following locations within the state of Washington:

(i) Any public school as defined in RCW 28A.150.010;

(ii) Any common school as defined in RCW 28A.150.020;

(iii) Any private school as defined in RCW 28A.195.010; or

(iv) Any child day-care center as defined in RCW 74.15.020; and

(c) Who is currently serving a term of community supervision, community placement, community service, or other similar conditional release as authorized by the laws of another jurisdiction, or who has been released from a sentence of total confinement for any offense identified in (a) of this subsection within the past five years.

(2) The department of corrections shall report the findings of the study to the legislature, which report shall contain at least the following minimum information:

(a) The number of offenders identified in subsection (1) of this section;

(b) The proximity of each of the offenders identified in (a) of this subsection to any location described in subsection (1)(b) of this section, for example, "across the street," "two blocks," and similar phrases;

(c) The most recent offense identified in subsection (1)(a) of this section for which each offender was convicted and whether such offense was a first offense. If the offense was not a first offense, any other sex offenses set out in chapter 9A.44 RCW for which the offender has been convicted, and when each such an offense was committed; and

(d) The names of the county, municipality, and school or day care center within one mile of which any offender required to be identified by this study resides.

(3) The department of corrections shall conduct this study with existing department funds.

(4) The department of corrections shall report the results of this study by December 31, 1998.

NEW SECTION. Sec. 4. The department of corrections shall conduct a special study of sex offenders.

(1) The subject of the study shall be the posting on the internet of information related to offenders who have committed sex offenses as set out in chapter 9A.44 RCW.

(2) The department of corrections shall report the findings of the study to the legislature, which report shall contain at least the following minimum information:

(a) Which other states, if any, maintain information related to sex offenders on the internet, what particular information is maintained by any such state, and the cost and effectiveness of any such program of another state in keeping the public informed with regard to sex offenders;

(b) The resources required and costs that would be incurred in implementing such a program in Washington; and

(3) The department of corrections shall conduct this study with existing department funds.

(4) The department of corrections shall report the results of this study by December 31, 1998."

Correct the title.

Representative Sterk 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.

Representatives Ballasiotes and Quall spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5094, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5094, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Senate Bill No. 5094, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6228, by Senators Haugen, Morton, Rasmussen, Prentice, Prince and Wood

Adjusting aircraft dealers' license fees and their distribution.

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 Robertson and Fisher spoke in favor of passage of the bill.

MOTION

On motion of Representative DeBolt, Representative Van Luven was excused.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6228.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6228 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Chandler, Eickmeyer and Koster - 3.

Excused: Representative Van Luven - 1.

Senate Bill No. 6228, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6536, by Senators Horn, Heavey, Schow, Snyder, Goings, McDonald, Benton, Winsley, Oke and Haugen

Prescribing employer obligations to furnish wearing apparel.

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.

COLLOQUY

"Representative McMorris: We feel the issue is black.

Representative Conway: We feel it is white.

McMorris: We support dark.

Conway: We support light.

McMorris: We want brown, gray and blue.

Conway: We'll accept tan and maybe chartreuse

McMorris: We want the Legislature to set colors. That's our proposal.

Conway: You can put that idea in the garbage disposal.

McMorris: L&I will be too specific, that is our fear.

Conway: The committee has heard that year after year.

McMorris: We did pass a bill last year as all of you know.

Conway: And what did you get? A big old veto!

McMorris: So we all got together and locked the door.

Conway: Because we really didn't want to hear this argument anymore.

McMorris: We conceded a lot.

Conway: And we did too.

McMorris: To bring you this bill.

Conway: Which is now before you.

McMorris: We don't know if it is wrong or right.

Conway: The answer isn't as simple as black and white."

Representatives McMorris and Conway spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6536.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6536 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Van Luven - 1.

Senate Bill No. 6536, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6565, by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Hale, Prentice, Winsley, Franklin, Long, Roach, Haugen, Stevens, Spanel, Wood, Rasmussen, T. Sheldon, Loveland, Benton, Johnson, Thibaudeau, McDonald, B. Sheldon, Snyder, Anderson, Oke and Goings)

Regulating insurance payments of insureds who are victims of domestic abuse.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Financial Institutions & Insurance was adopted. (For committee amendment(s), see Journal, 45th Day, February 25, 1998.)

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

Representatives L. Thomas, Wolfe and Costa spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6565, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6565, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Van Luven - 1.

Substitute Senate Bill No. 6565, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6348, by Senators Hale and Haugen; by request of Department of Revenue

Eliminating requirements for filing certificates or annual summaries for sales and use tax exemptions on manufacturing machinery and equipment.

The bill was read the second time.

Representative B. Thomas moved the adoption of amendment (1048):

On page 3, beginning on line 27, strike section 3 and insert:

"NEW SECTION. Sec. 3. The department shall not deny exemptions under RCW 82.08.02565 or 82.12.02565 solely on the basis of failure to comply with duplicate certificate or summary filing requirements. The amendments of RCW 82.08.02565 or 82.12.02565 in this act do not terminate requirements to file duplicate certificates or summaries in respect to exemptions claimed for periods before January 1, 1999.

NEW SECTION. Sec. 4. Sections 1 and 2 of this act take effect January 1, 1999."

Correct the title.

Representatives B. Thomas and Romero 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.

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

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6348, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6348, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Van Luven - 1.

Senate Bill No. 6348, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 5164, by Senators Haugen, Long, Goings, Patterson, Franklin and Bauer

Removing certain tenants and occupants from a mobile home park.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Trade & Economic Development was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representatives Dunn and Veloria spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5164, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 5164, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Van Luven - 1.

Senate Bill No. 5164, as amended by the House, having received the constitutional majority, was declared passed.

SECOND ENGROSSED SENATE BILL NO. 5185, by Senators Horn, McCaslin, Long, Benton, Prince and Deccio

Revising procedures for growth management hearings boards.

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 Reams and Mulliken spoke in favor of passage of the bill.

Representatives Romero, Lantz and Eickmeyer spoke against passage of the bill.

MOTION

On motion of Representative Robertson, Representative Lisk was excused.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Engrossed Senate Bill No. 5185.

ROLL CALL

The Clerk called the roll on the final passage of Second Engrossed Senate Bill No. 5185 and the bill passed the House by the following vote: Yeas - 56, Nays - 40, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Zellinsky and Mr. Speaker - 56.

Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Thomas, B., Tokuda, Veloria, Wensman, Wolfe and Wood - 40.

Excused: Representatives Lisk and Van Luven - 2.

Second Engrossed Senate Bill No. 5185, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Second Engrossed Senate Bill No. 5185.

AL O'BRIEN, 1st District

ENGROSSED SUBSTITUTE SENATE BILL NO. 5527, by Senate Committee on Agriculture & Environment (originally sponsored by Senators McDonald, Rasmussen, Sellar, Fraser and Anderson)

Providing incentives for water-efficient irrigation systems.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology was before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

Representative Chandler moved the adoption of amendment (1046) to the committee amendment:

On page 2, line 5 of the committee amendment, after "crops" insert "associated with the change in irrigation systems"

Representative Chandler spoke in favor of adoption of the amendment to the committee amendment. The amendment to the committee amendment was adopted.

The question before the House was the committee amendment as amended. 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 Chandler and Linville spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5527, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5527, as amended by the House, and the bill passed the House by the following vote: Yeas - 79, Nays - 17, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Wood, Zellinsky and Mr. Speaker - 79.

Voting nay: Representatives Butler, Cody, Cole, Constantine, Conway, Cooper, Dickerson, Fisher, Lantz, Mason, Murray, Poulsen, Regala, Romero, Tokuda, Veloria and Wolfe - 17.

Excused: Representatives Lisk and Van Luven - 2.

Engrossed Substitute Senate Bill No. 5527, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5582, by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Goings, Schow, Stevens, Oke and Kline)

Prohibiting the purchase of liquor by intoxicated persons.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Law & Justice was adopted. (For committee amendment(s), see Journal, 47th Day, 2/27/98, 1998.)

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

Representative Sheahan spoke in favor of passage of the bill.

There being no objection, the House deferred consideration on Substitute Senate Bill No. 5582 and the bill held its place on third reading.

ENGROSSED SENATE BILL NO. 5695, by Senators Roach, Long, Oke, Schow, Morton, Benton and Hochstatter

Increasing sentences for crimes involving firearms.

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 Ballasiotes and Quall spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5695.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5695 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Lisk and Van Luven - 2.

Engrossed Senate Bill No. 5695, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5703, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Anderson and Morton)

Concerning a water right for the beneficial use of water.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology and Committee on Appropriations were adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)

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

Representatives Chandler and Linville spoke in favor of passage of the bill.

Representative Regala spoke against passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5703, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5703, as amended by the House, and the bill passed the House by the following vote: Yeas - 67, Nays - 29, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Linville, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 67.

Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gombosky, Keiser, Kenney, Lantz, Mason, Murray, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Thomas, B., Tokuda, Veloria, Wolfe and Wood - 29.

Excused: Representatives Lisk and Van Luven - 2.

Engrossed Substitute Senate Bill No. 5703, as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5769, by Senate Committee on Law & Justice (originally sponsored by Senators Johnson and Goings)

Concerning the theft of beverage crates and merchandise pallets.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Criminal Justice & Corrections was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representatives Ballasiotes and Quall spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5769, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5769, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Lisk and Van Luven - 2.

Engrossed Substitute Senate Bill No. 5769, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6114, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Jacobsen, Oke, Spanel, Kline, Snyder and Haugen)

Preventing the spread of zebra mussel and European green crab.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

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

Representatives Buck, Regala and Chandler spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6114, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6114, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Lisk and Van Luven - 2.

Substitute Senate Bill No. 6114, as amended by the House, having received the constitutional majority, was declared passed.

The Speaker assumed the chair.

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

SECOND SUBSTITUTE HOUSE BILL NO. 1065,

SUBSTITUTE HOUSE BILL NO. 1077,

HOUSE BILL NO. 1082,

HOUSE BILL NO. 1117,

HOUSE BILL NO. 2144,

SUBSTITUTE HOUSE BILL NO. 2295,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2297,

SUBSTITUTE HOUSE BILL NO. 2321,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2330,

SUBSTITUTE HOUSE BILL NO. 2364,

HOUSE BILL NO. 2575,

HOUSE BILL NO. 2717,

ENGROSSED HOUSE BILL NO. 2920,

SUBSTITUTE HOUSE BILL NO. 2931,

SUBSTITUTE HOUSE BILL NO. 3056,

SUBSTITUTE SENATE BILL NO. 5853,

SUBSTITUTE SENATE BILL NO. 5873,

SENATE BILL NO. 6118,

ENGROSSED SENATE BILL NO. 6123,

SUBSTITUTE SENATE BILL NO. 6129,

SUBSTITUTE SENATE BILL NO. 6136,

SENATE BILL NO. 6158,

SENATE BILL NO. 6159,

SENATE BILL NO. 6171,

SENATE BILL NO. 6192,

SENATE BILL NO. 6202,

SUBSTITUTE SENATE BILL NO. 6285,

SENATE BILL NO. 6303,

SENATE BILL NO. 6483,

SUBSTITUTE SENATE BILL NO. 6489,

SUBSTITUTE SENATE BILL NO. 6507,

SUBSTITUTE SENATE BILL NO. 6575,

SENATE BILL NO. 6631,

ENGROSSED SENATE BILL NO. 6139, by Senators Oke, Swecker, T. Sheldon, Goings, Rasmussen and Benton

Increasing penalties for manufacture and delivery of amphetamine.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

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

Representatives Koster and O'Brien spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6139, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6139, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Engrossed Senate Bill No. 6139, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6149, by Senator Swecker

Requiring the regional fisheries enhancement group advisory board to make recommendations on certain fiscal matters.

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 Buck and Regala spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6149.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6149 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Senate Bill No. 6149, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6153, by Senate Committee on Law & Justice (originally sponsored by Senators Fairley, Thibaudeau, Kohl and Winsley)

Revising procedures for bringing actions for the injury or death of a child.

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 stated the question before the House to be final passage of Substitute Senate Bill No. 6153.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6153 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 1, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Absent: Representative Pennington - 1.

Substitute Senate Bill No. 6153, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6155, by Senators Roach and Fairley

Revising supervision of municipal court probation services.

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 stated the question before the House to be final passage of Senate Bill No. 6155.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6155 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Senate Bill No. 6155, having received the constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 6156, by Senate Committee on Ways & Means (originally sponsored by Senators Swecker, Fraser and Spanel; by request of Department of Natural Resources)

Studying methods for calculating water-dependent lease rates on state-owned aquatic lands.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was/were adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

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

Representatives Buck and Regala 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. 6156, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6156, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Voting nay: Representative Dunshee - 1.

Second Substitute Senate Bill No. 6156, as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Second Substitute Senate Bill No. 6168 and the bill held its place on second reading.

SENATE BILL NO. 6172, by Senator McCaslin

Clarifying requirements for service of petitions for review on agencies.

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 Reams and Romero spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Senate Bill No. 6172.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6172 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Senate Bill No. 6172, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6174, by Senate Committee on Government Operations (originally sponsored by Senator McCaslin)

Changing compensation for special district commissioners.

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 D. Sommers and Scott 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. 6174.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6174 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Voting nay: Representative Lambert - 1.

Engrossed Substitute Senate Bill No. 6174, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6181, by Senate Committee on Law & Justice (originally sponsored by Senators Johnson and Roach)

Regulating probate, trusts, and estates.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Law & Justice was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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 Constantine 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. 6181, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6181, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute Senate Bill No. 6181, as amended by the House, having received the constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 6168, by Senate Committee on Ways & Means (originally sponsored by Senators Prentice, Rasmussen, Hale, Sellar, T. Sheldon, Wood, McAuliffe, Kohl, Anderson, Benton and Winsley; by request of Governor Locke)

Developing housing for temporary workers.

The bill was read the second time.

Representative Clements moved the adoption of amendment (1052):

On page 4, line 27, after "in" strike "chapter 70.114A RCW" and insert "subsection (4) of this section"

On page 5, beginning on line 7, strike all of subsection (4) and insert the following:

"(4) For the purpose of this section, "temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy, and includes "labor camps" under RCW 70.54.110."

On page 6, after line 9, insert the following:

"NEW SECTION. Sec. 8. A new section is added to chapter 43.330 RCW to read as follows:

(1) The department of community, trade, and economic development shall work with the advisory group established in subsection (2) of this section, to review proposals and make prioritized funding recommendations to the funding approval board that oversees the distribution of housing trust fund grants and loans to be used for the development, maintenance, and operation of housing for low-income farm workers.

(2) A farm worker housing advisory group representing growers, farm workers, and other interested parties shall be formed to assist the department in the review and priority funding recommendations under this section."

Renumber the remaining section consecutively and correct the title of the bill.

Representatives Clements and Kenney 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.

Representatives Clements, Cody and Skinner spoke in favor of passage of the bill.

Representatives Morris, Kenney and Mason spoke against the passage of the bill.

Representatives Clements (again), Honeyford, Van Luven and Parlette spoke in favor of the passage.

The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 6168 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6168, as amended by the House and the bill passed the House by the following vote: Yeas - 68, Nays - 30, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Zellinsky and Mr. Speaker - 68.

Voting nay: Representatives Butler, Chopp, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Eickmeyer, Fisher, Gombosky, Kastama, Keiser, Kenney, Lantz, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria and Wood - 30.

Second Substitute Senate Bill No. 6168, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6182, by Senate Committee on Law & Justice (originally sponsored by Senators Johnson and Roach)

Allowing for interstate professional services corporations.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Law & Justice was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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 Constantine 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. 6182, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6182, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute Senate Bill No. 6182, as amended by the House, having received the constitutional majority, was declared passed.

The Speaker called upon Representative Pennington to preside.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6204, by Senate Committee on Agriculture & Environment (originally sponsored by Senator Morton)

Increasing the efficiency of registering and identifying livestock.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology and Committee on Appropriations were before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)

Representative Schoesler moved the adoption of amendment (1040) to the committee amendment:

On page 3, line 30 of the committee amendment, after "and" strike "two" and insert "three"

On page 13, at the beginning of line 11 of the committee amendment, strike "satisfactory proof of ownership" and insert "proof of ownership deemed satisfactory by the board"

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

The amendment to the committee amendment was adopted.

Representative Schoesler moved the adoption of amendment (1041) to the committee amendment:

On page 22, at the beginning of line 27 of the committee amendment, insert "(1)"

On page 22, line 28 of the committee amendment, strike "twelve" and insert "((twelve))fifteen"

On page 22, line 29 of the committee amendment, after "lot" insert "unless a fee has been adopted under subsection (2) of this section, in which case the licensee shall pay the fee adopted under subsection (2) of this section"

On page 22, after line 34 of the committee amendment, insert the following:

"(2) The board may by rule alter the fee prescribed in subsection (1) of this section for each head of cattle handled through a licensee’s feed lot. This authority of the board includes, but is not limited to, prescribing a fee for each head of cattle owned by the licensee handled through the licensee’s feed lot and prescribing a different fee for each head of cattle owned by a person other than the licensee handled through the licensee’s feed lot."

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

The amendment to the committee amendment was adopted.

Representative Clements moved the adoption of amendment (1044) to the committee amendment:

On page 48, after line 17 of the committee amendment, insert the following:

"NEW SECTION. Sec. 99. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."

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

The amendment to the committee amendment was adopted.

The Speaker (Representative Pennington presiding) stated the question before the House to be the committee amendment(s) as amended, and the committee amendment(s) 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 Schoesler and Honeyford spoke in favor of passage of the bill.

Representative Anderson spoke against passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6204, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6204, as amended by the House, and the bill passed the House by the following vote: Yeas - 65, Nays - 33, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 65.

Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 33.

Engrossed Substitute Senate Bill No. 6204, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6229, by Senate Committee on Transportation (originally sponsored by Senators Haugen, Morton, Goings, Winsley, Prince, Rasmussen, Prentice and Wood)

Enhancing compliance with aircraft registration laws.

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 Radcliff spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question to be final passage of Substitute Senate Bill No. 6229.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6229, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute Senate Bill No. 6229, having received the constitutional majority, was declared passed.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6235, by Committee on Ways & Means (originally sponsored by Senators Jacobsen and Kohl)

Creating the community athletic facilities council.

There being no objection, the committee amendment(s) by the Committee on Trade & Economic Development was before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

Representative Van Luven moved the adoption of amendment (1062) to the committee amendment:

On page 1, beginning on line 29 of the committee amendment, strike all of section 2 and insert the following:

"NEW SECTION. Sec. 2. (1) A community outdoor athletic fields advisory council is established within the interagency committee for outdoor recreation. The advisory council shall consist of nine members, from the public at large, appointed as follows: (a) Four members appointed by the chairperson of the interagency committee for outdoor recreation; (b) two members appointed by the house of representatives, one each appointed by the speaker of the house of representatives and the minority leader of the house of representatives; (c) two members appointed by the senate, one each appointed by the majority leader of the senate and the minority leader of the senate; and (d) one member appointed by the governor, who shall serve as chairperson of the advisory council. The appointments must reflect an effort to achieve a balance among the appointed members based upon factors of geographic, racial, ethnic, and gender diversity, and with a sense and awareness of community outdoor athletic fields needs.

(2) The advisory council shall provide information to and make recommendations to the interagency committee for outdoor recreation on the award of funds from the youth athletic facility grant account created in RCW 43.99N.060(4), to cities, counties, and qualified nonprofit organizations for acquiring, developing, equipping, maintaining, and improving youth or community athletic facilities, including but not limited to community outdoor athletic fields.

(3) The members shall serve three-year terms. Of the initial members, two shall be appointed for a one-year term, three shall be appointed for a two-year term, and the remainder shall be appointed for three-year terms. Thereafter, members shall be appointed for three-year terms. The member appointed by the governor shall serve as chairperson of the advisory council for the duration of the member’s term.

(4) Members of the advisory council shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060."

Representatives Van Luven and Eickmeyer spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

The Speaker stated the question to be the adoption of the committee amendment(s) as amended. 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.

Representatives Van Luven and Eickmeyer spoke in favor of passage of the bill.

MOTION

On motion of Representative Talcott, Representative Lisk was excused.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6235, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6235, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Engrossed Second Substitute Senate Bill No. 6235, as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6238, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Stevens and Swecker)

Changing provisions relating to dependent children.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Children & Family Services and Committee on Appropriations were adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)

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

Representatives Cooke and Tokuda spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6238, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6238, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Engrossed Substitute Senate Bill No. 6238, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6253, by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Horn, Swecker, Rasmussen, Goings and T. Sheldon)

Reimbursing state liquor stores and agency liquor vendors for costs of credit and debit sales of liquor.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

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

Representatives Honeyford and Lambert spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6253, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6253, as amended by the House, and the bill passed the House by the following vote: Yeas - 89, Nays - 8, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Buck, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wood, Zellinsky and Mr. Speaker - 89.

Voting nay: Representatives Boldt, Bush, Cole, Koster, Pennington, Romero, Smith and Wolfe - 8.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6253, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6278, by Senators Horn, McCaslin and T. Sheldon

Specifying the number of signatures required on a petition to place on the ballot the question of changing the name of a port district.

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 D. Schmidt and Keiser spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6278.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6278 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Bill No. 6278, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6301, by Senators Schow, Horn, Franklin and Heavey

Regulating franchise agreements between motor vehicle manufacturers and dealers.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Commerce & Labor was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representative Honeyford spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6301, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6301, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Bill No. 6301, as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Substitute Senate Bill No. 6306 and the bill held its place on second reading.

SUBSTITUTE SENATE BILL NO. 6324, by Senate Committee on Ways & Means (originally sponsored by Senators Morton, Rasmussen, Oke, Swecker and West)

Rehabilitating salmon and trout populations with a remote site incubator program.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

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

Representatives Buck and Anderson spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6324, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6324, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6324, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6329, by Senators Deccio, Thibaudeau, Wood and Loveland

Providing for a certain disclosure of health care information without patient's authorization.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Health Care was not adopted.

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

Representatives Dyer and Cody spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6329.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6329 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Bill No. 6329, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6341, by Senate Committee on Natural Resources & Parks (originally sponsored by Senator Snyder)

Allowing certain charter boats to be operated by persons without an alternate operator's license in specific circumstances.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Natural Resources was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representatives Buck and Butler spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6341, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6341, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6341, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6358, by Senate Committee on Energy & Utilities (originally sponsored by Senators Rossi, Finkbeiner, Brown and Jacobsen; by request of Utilities & Transportation Commission)

Providing the utilities and transportation commission authority to regulate certain pipeline facilities.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Energy & Utilities was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representatives Crouse and Poulsen spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6358, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6358, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6358, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6380, by Senators Winsley, Prentice, Hale, Oke, Patterson and Goings; by request of Department of Community, Trade, and Economic Development

Providing mobile home relocation assistance.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Trade & Economic Development was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representatives Van Luven and Costa spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6380, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6380, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Bill No. 6380, as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6392, by Senators Strannigan, Long, West and Oke

Providing financial support to licensed overnight youth shelters.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Children & Family Services and by the Committee on Appropriations were adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)

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

Representatives Cooke and Tokuda spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6392, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6392, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Voting nay: Representative Costa - 1.

Excused: Representative Lisk - 1.

Senate Bill No. 6392, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6396, by Senate Committee on Higher Education (originally sponsored by Senators Wood, Kohl, Winsley, Haugen, Prince, Bauer and West)

Creating the Washington center for real estate research.

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 Radcliff spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6396.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6396 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Dunn, Dunshee, Thomas and B. - 3.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6396, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6425, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen and Fraser)

Clarifying legal authority of an agency head.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Government Reform & Land Use was not adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

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

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6425.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6425, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6425, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6429, by Senators Long, Kline, Wojahn, Fairley, Winsley and Kohl; by request of Washington Council for Prevention of Child Abuse and Neglect

Allowing the children's trust fund to retain its proportionate share of earnings.

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 Gombosky and Cooke spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6429.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6429 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Bill No. 6429, having received the constitutional majority, was declared passed.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6445, by Senate Committee on Ways & Means (originally sponsored by Senators Long, Hargrove, Haugen, Zarelli, McAuliffe, Franklin and Winsley)

Modifying provisions relating to children placed in community facilities.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Criminal Justice & Corrections as amended by the Committee on Appropriations were adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)

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

Representatives Ballasiotes, O'Brien and Anderson spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6445, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6445, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Engrossed Second Substitute Senate Bill No. 6445, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6474, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Jacobsen, Rasmussen, Kline, T. Sheldon, Patterson and Fairley; by request of Governor Locke)

Adopting the fertilizer regulation act.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representatives Chandler, Linville and Honeyford spoke in favor of passage of the bill.

Representative Anderson spoke against passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6474, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6474, as amended by the House, and the bill passed the House by the following vote: Yeas - 73, Nays - 24, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lantz, Linville, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, L., Thompson, Wensman, Wood, Zellinsky and Mr. Speaker - 73.

Voting nay: Representatives Anderson, Butler, Chopp, Cole, Constantine, Conway, Costa, Dickerson, Dunshee, Fisher, Keiser, Kenney, Mason, Murray, O'Brien, Poulsen, Romero, Scott, Sullivan, Thomas, B., Tokuda, Van Luven, Veloria and Wolfe - 24.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6474, as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6497, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, T. Sheldon, Anderson and Oke)

Taking private property.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

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

Representatives Reams, DeBolt, Bush and Mastin spoke in favor of passage of the bill.

Representatives Gardner, Romero and Dunshee spoke against passage of the bill.

MOTION

On motion of Representative DeBolt, Representatives Ballasiotes and Radcliff were excused.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6497, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6497, as amended by the House, and the bill passed the House by the following vote: Yeas - 64, Nays - 31, Absent - 0, Excused - 3.

Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Constantine, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Poulsen, Quall, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 64.

Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Kastama, Kenney, Lantz, Mason, Murray, O'Brien, Ogden, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 31.

Excused: Representatives Ballasiotes, Lisk and Radcliff - 3.

Engrossed Substitute Senate Bill No. 6497, as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration on Senate Bill No. 6539 and the bill held its place on second reading.

SENATE BILL NO. 6541, by Senators Sellar, Snyder, Schow, Hale, Haugen and Kohl; by request of Department of Community, Trade, and Economic Development

Funding tourism development.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

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

Representatives Alexander, Morris, Van Luven, DeBolt and Gardner spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6541, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6541, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Bill No. 6541, as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House deferred action on Second Substitute Senate Bill No. 6544 and the bill held its place on second reading.

SUBSTITUTE SENATE BILL NO. 6545, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Wood, Wojahn, Rasmussen, Benton, Fairley, Strannigan and Hale)

Providing full funding for the impaired physician program.

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 Backlund and Cody spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6545.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6545 and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Dunn, Koster and Sherstad - 3.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6545, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6550, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Wojahn, Wood and Fairley)

Certifying chemical dependency professionals.

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 Dyer and Cody spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6550.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6550 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6550, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6648, by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Newhouse, Horn and Heavey)

Permitting licensing retail alcoholic beverages in which no manufacturers, importers, or wholesalers have an interest.

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 Honeyford and Wood spoke in favor of passage of the bill.

COLLOQUY

Representative Conway asked if Representative McMorris would yield to a question.

Representative Conway: Does the term corporation in this bill include limited liability companies and limited partnerships?

Representative McMorris: Yes, it does.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6648.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6648 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Engrossed Substitute Senate Bill No. 6648, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6669, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Rossi and T. Sheldon)

Allowing a holder of perpetual timber rights to sign a statement of intent not to convert the land to other uses for a period of time.

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 Buck and Butler spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6669.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6669 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Substitute Senate Bill No. 6669, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6729, by Senators Prentice, Winsley, Finkbeiner, Fairley, Rasmussen and Kline

Financing senior housing.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Trade & Economic Development was adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

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

Representative Dunn spoke in favor of passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6729, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6729, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Bill No. 6729, as amended by the House, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration on Substitute Senate Bill No. 6746 and the bill held its place on second reading.

SENATE JOINT MEMORIAL NO. 8019, by Senators Winsley and Prentice

Requesting federal funds for housing finance.

The bill was read the second time.

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

Representatives McDonald and Veloria spoke in favor of passage of the memorial.

The Speaker (Representative Pennington presiding) stated the question before the House to be final adoption of Senate Joint Memorial No. 8019.

ROLL CALL

The Clerk called the roll on the final passage of Senate Joint Memorial No. 8019 and the bill was passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Senate Joint Memorial No. 8019, having received the constitutional majority, was declared passed.

The Speaker assumed the chair.

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

There being no objection, the Rules Committee was relieved of the following bills:

SUBSTITUTE SENATE BILL NO. 5309,

SUBSTITUTE SENATE BILL NO. 5355,

ENGROSSED SENATE BILL NO. 5499,

SENATE BILL NO. 5622,

SENATE BILL NO. 5631,

SUBSTITUTE SENATE BILL NO. 5636,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5760,

SUBSTITUTE SENATE BILL NO. 6077,

SENATE BILL NO. 6113,

SUBSTITUTE SENATE BILL NO. 6150,

SECOND SUBSTITUTE SENATE BILL NO. 6190,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6205,

SUBSTITUTE SENATE BILL NO. 6208,

SECOND SUBSTITUTE SENATE BILL NO. 6214,

SENATE BILL NO. 6220,

SUBSTITUTE SENATE BILL NO. 6243,

SECOND SUBSTITUTE SENATE BILL NO. 6264,

SENATE BILL NO. 6270,

SENATE BILL NO. 6311,

SUBSTITUTE SENATE BILL NO. 6346,

SENATE BILL NO. 6352,

SENATE BILL NO. 6400,

SUBSTITUTE SENATE BILL NO. 6422,

SENATE BILL NO. 6449,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6492,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6515,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6533,

SENATE BILL NO. 6552,

SENATE BILL NO. 6581,

SENATE BILL NO. 6599,

SUBSTITUTE SENATE BILL NO. 6602,

SUBSTITUTE SENATE BILL NO. 6605,

SUBSTITUTE SENATE BILL NO. 6655,

SENATE BILL NO. 6662,

SENATE BILL NO. 6668,

SENATE BILL NO. 6698,

SENATE BILL NO. 6728,

SUBSTITUTE SENATE BILL NO. 6731,

SUBSTITUTE SENATE BILL NO. 6737,

and the same where placed on second reading.

There being no objection, the X File was relieved of House Bill No. 2027 and the same was placed on second reading.

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

SECOND READING

SUBSTITUTE SENATE BILL NO. 6119, by Senate Committee on Government Operations (originally sponsored by Senators Schow, Haugen, Patterson, McCaslin and Roach)

Concerning the assumption of a water-sewer district by a municipality.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Government Administration was before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

Representative Dunn moved the adoption of amendment (1056) to the committee amendment:

On page 3, line 20, before "During" insert "(1)"

On page 3, line 26, strike "(1)" and insert "(a)"

On page 3, line 27, strike "(2)" and insert "(b)"

On page 3, after line 31, insert:

"(2) Subsection (1) of this section does not apply to a city assumption of a water-sewer district if a notice of the proposed action has been filed with a boundary review board on or before January 1, 1998."

Representatives Dunn, Dunshee and Gardner spoke in favor of the adoption of the amendment to the committee amendment.

Representatives D. Schmidt, Scott and Doumit spoke against the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was not adopted.

Representative D. Schmidt moved the adoption of amendment (1038) to the committee amendment:

On page 3, line 24, after "assumption" insert "under general election law with the city paying for the election costs"

On page 3, line 26, after "district" insert "unless each city that is partially included within any of the districts proposing to merge or consolidate indicates that it has no interest in assuming jurisdiction of the district"

On page 3, line 31, after "district." insert "Nothing in this subsection shall be construed to prevent a district from issuing obligations on a parity with its outstanding obligations, to repeat terms and conditions of obligations provided with respect to earlier parity obligations, or to provide covenants that are customary for obligations of similar utilities whether those utilities are operated by cities or special purpose districts."

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

The amendment to the committee amendment was adopted.

There being no objection, the House adopted the committee amendment by Committee on Government Administration as amended.

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

Representatives D. Schmidt and Doumit spoke in favor of passage of the bill.

Representative Dunshee spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6119, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6119, as amended by the House, and the bill passed the House by the following vote: Yeas - 79, Nays - 19, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cole, Constantine, Cooke, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 79.

Voting nay: Representatives Appelwick, Chopp, Cody, Conway, Cooper, Dunn, Dunshee, Fisher, Kenney, Lantz, Mason, Murray, Regala, Romero, Sommers, H., Sullivan, Tokuda, Veloria and Wolfe - 19.

Substitute Senate Bill No. 6119, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6518, by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Benton, Long, Oke, Zarelli, Rossi, Sellar, Snyder, Johnson, Horn, McDonald, Hale, Strannigan, McCaslin, Prentice, Schow, Fraser, Deccio, Swecker, Morton, Goings, Bauer, Rasmussen and Haugen)

Increasing the degree of rape when the perpetrator incapacitates the victim.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Criminal Justice & Corrections was not adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

Representative Appelwick moved the adoption of amendment (1055):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9A.44.040 and 1983 c 118 s 1 and 1983 c 73 s 1 are each reenacted and amended to read as follows:

(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory:

(a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or

(b) Kidnaps the victim; or

(c) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or

(d) Feloniously enters into the building or vehicle where the victim is situated.

(2) Rape in the first degree is a class A felony."

Representatives Appelwick and Sheahan 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.

Representatives Ballasiotes and Quall 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. 6518, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6518, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Substitute Senate Bill No. 6518, as amended by the House, having received the constitutional majority, was declared passed.

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

There being no objection, the rules were suspended and Substitute Senate Bill No. 5582 was returned to second reading for purpose of amendments.

SUBSTITUTE SENATE BILL NO. 5582, by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Goings, Schow, Stevens, Oke and Kline)

Prohibiting the purchase of liquor by intoxicated persons.

There being no objection, the committee amendment was before the House for purpose of amendments.

With the consent of the House, amendment number 1058 to Substitute Senate Bill No. 5582 was withdrawn.

Representative Cody moved the adoption of amendment (1074) to the committee amendment:

On page 1, line 16 of the amendment, after "subsection." insert the following:

"(c) Until July 1, 2000, every establishment licensed under RCW 66.24.330 or 66.24.420 shall conspicuously post in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection.

NEW SECTION. Sec. 2. This act shall take effect July 1, 1998."

Correct the title.

Representatives Cody and Sheahan spoke in favor of the adoption of the amendment.

The amendment to the committee amendment was adopted.

There being no objection, the House adopted the committee amendment by the Committee on Law & Justice was adopted as amended.

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 final passage of the bill.

The Speaker stated the question to be final passage of Substitute Senate Bill No. 5582, as amended by the House.

ROLLCALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5582, as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Constantine, Eickmeyer, Gombosky and Hatfield - 4.

Substitute Senate Bill No. 5582, as amended by the House, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6130, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Fraser, Patterson and Winsley; by request of Department of Ecology)

Regulating underground storage tanks.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology was adopted. (For committee amendment(s), see Journal, 44th Day, February 24, 1998.)

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

Representatives Chandler and Linville spoke in favor of passage of the bill.

MOTION

On motion of Representative Robertson, Representative D. Sommers was excused.

The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6130, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6130, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Sommers, D. - 1.

Substitute Senate Bill No. 6130, as amended by the House, having received the constitutional majority, was declared passed.

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

REPORTS OF STANDING COMMITTEE (Supplemental)

March 3, 1998

HB 3132 Prime Sponsor, Representative K. Schmidt: Enacting a transportation supplemental budget. Reported by Committee on Transportation Policy & Budget

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Backlund; Buck; Cairnes; Chandler; DeBolt; Johnson; McCune; Radcliff; Robertson; Skinner; Sterk and Zellinsky.

MINORITY recommendation: Without recommendation. Signed by Representatives Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Constantine; Gardner; Hatfield; Murray; O'Brien; Ogden; Romero; Scott and Wood.

Voting Yea: Representatives K. Schmidt, Hankins, Mielke, Mitchell, Backlund, Buck, Cairnes, Chandler, DeBolt, Johnson, McCune, Radcliff, Robertson, Skinner, Sterk and Zellinsky.

Voting Nay: Representatives Fisher, Constantine, Cooper, Gardner, Hatfield, Murray, O'Brien, Ogden, Romero, Scott and Wood.

Passed to Rules Committee for second reading.

March 3, 1998

ESSB 6050 Prime Sponsor, Committee on Ways & Means: Providing tax exemptions for state route number 16 corridor improvements constructed under chapter 47.46 RCW. Reported by Committee on Transportation Policy & Budget

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.

Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Cairnes, Chandler, Cooper, DeBolt, Gardner, Hatfield, Murray, O'Brien, Ogden, Radcliff, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

Excused: Representatives Constantine, Johnson, McCune and Robertson.

March 3, 1998

ESSB 6108 Prime Sponsor, Committee on Ways & Means: Making supplemental operating appropriations. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended.

Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Benson; Carlson; Cooke; Crouse; Dyer; Lambert; Lisk; Mastin; McMorris; Parlette; D. Schmidt; Sehlin; Sheahan and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Grant; Keiser; Kenney; Kessler; Linville; Poulsen; Regala and Tokuda.

Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Benson, Carlson, Cooke, Crouse, Dyer, Lambert, Lisk, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.

Voting Nay: Representatives H. Sommers, Doumit, Gombosky, Chopp, Cody, Grant, Keiser, Kenney, Kessler, Linville, Poulsen, Regala and Tokuda.

March 3, 1998

ESSB 6456 Prime Sponsor, Committee on Transportation: Funding transportation. Reported by Committee on Transportation Policy & Budget

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"LEGISLATIVE INTENT FOR 1998 TRANSPORTATION BUDGET

NEW SECTION. Sec. 1. PURPOSE OF ENHANCED STATE AND LOCAL TRANSPORTATION FUNDING PROGRAM. (1) The legislature finds and declares that it is essential for the economic, social and environmental well-being of the state and the maintenance of a high quality of life that the people of the state have an efficient and effective transportation system.

(2) This act provides funding, beyond that already provided in the 1997-99 biennium, from currently available revenue that is needed to prepare for and advance the timely construction of essential transportation projects and improve transportation services in preparation for meeting the following objectives:

(a) Investment strategies that deal equitably with the transportation needs of both eastern and western Washington and local governments, critical to maintaining and expanding essential multimodal, motorized and nonmotorized, urban, suburban and rural transportation programs and systems;

(b) Cost-effective funding strategies that address the most critical state-wide transportation needs for: Highway congestion relief, economic development and freight mobility, highway safety and bridge improvements, flood mitigation and fish passages, local government funding, ferry system capital improvements, and passenger and freight rail capital improvements; and

(c) Greater reliance on funding partnerships between the public and private sectors to leverage the state's investment and assign transportation project costs to the entities to which benefits accrue.

(3) State and federal fiscal constraints have resulted in sprinkling limited resources over a wide variety of costly, critical transportation needs. This fragmented approach has hindered the development of a multimodal, state-wide system; failed to address regional transportation improvements essential to addressing congestion, expanding local economies, and maintaining environmental quality; and created competition for transportation dollars among various public beneficiaries. A legislative solution that addresses long-term funding for critical transportation priorities is highly dependent on public and private stakeholders coalescing to: Identify and prioritize those critical elements that must be addressed if the state is to continue to provide a transportation system that offers the level of safe, unfettered travel and economic and environmental well-being Washington's citizens expect and deserve; develop a funding strategy for the future that provides adequacy and reliability; and develop policy and program changes that will ensure the timely, cost-effective delivery of transportation programs, projects, and services.

PART I

GENERAL GOVERNMENT AGENCIES--OPERATING

Sec. 101. 1997 c 457 s 101 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((304,000))

314,000

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

(1) The department of agriculture shall report to the legislative transportation committee by January 15, 1998, and January 15, 1999, on the number of fuel samples tested and the findings of the tests for the motor fuel quality program.

(2) $10,000 of this appropriation is provided solely for laboratory analysis of diesel fuel samples taken from retailers selling diesel fuel. The purpose of this testing is to detect the possible presence of illegally-blended diesel fuel.

Sec. 102. 1997 c 457 s 108 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((252,000))

126,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The entire appropriation is for the contracted staff at the Gateway Visitor Information Centers, and may not be used for any other purpose.

Sec. 103. 1997 c 457 s 107 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((116,000))

58,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The entire amount is provided as funding to the office of financial management for a policy and budget analyst for the transportation agencies.

PART II

TRANSPORTATION AGENCIES

Sec. 201. 1997 c 457 s 201 (uncodified) is amended to read as follows:

FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((491,000))

741,000

Highway Safety Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,216,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 950,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((6,657,000))

6,907,000

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 $900,000 to fund community DUI task forces. Funding from the transportation fund for any community DUI task force may not exceed twenty-five percent of total expenditures in support of that task force.

(2) $50,000 of the transportation fund--state appropriation is provided to support local law enforcement implementing the drug recognition expert (DRE) and drugged driving programs. Any funds not required for the DRE program may be used for programs related to heavy trucks that improve safety and enforcement of Washington state laws.

(3) $250,000 of the highway safety fund--state appropriation is provided solely to advertise the changes to the DUI statutes enacted by the 1998 legislature. This appropriation shall lapse if changes to the DUI statutes are not enacted by June 30, 1998.

Sec. 202. 1997 c 457 s 205 (uncodified) is amended to read as follows:

FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,822,000))

3,822,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((200,000))

250,000

Central Puget Sound Public Transportation

Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,022,000))

4,172,000

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

(1) In order to meet the growing demand for services the legislative transportation committee shall seek accountability and efficiencies within transportation agency programs through in-depth program evaluations. These program evaluations shall consider:

(a) Whether or not strategic planning and performance-based budgeting is a preferable planning and budgeting tool to the current incremental budgeting process for agency administrative programs and capital program budgeting;

(b) How the programs are performing currently and how service would be affected at different funding levels using performance measures; and

(c) What decision-making tools aid with the budgeting and oversight of these programs, such as tools developed during the maintenance accountability program (MAP) conducted by the legislative transportation committee during the 1995-97 biennium.

(2) In consultation with other legislative committees, the legislative transportation committee shall study ways to enhance budget development tools and presentation documents that will better illustrate agencies' full appropriation authority and the intended outcomes of the appropriation.

(3) The legislative transportation committee shall conduct an evaluation of services provided by the county road administration board, the transportation improvement board and the TransAid division within the department of transportation. The evaluation shall assess whether consolidation of any of these activities will result in efficiencies and improved service delivery. The evaluation shall also assess the funding structure of these organizations to determine whether there are any benefits gained from a more simplified structure. The evaluation shall also assess other funding authorities to see if there is potential for further expansion of these revenues. The committee shall report its findings and recommendations to the 1998 legislature and, if needed, prepare legislation to implement those recommendations. $150,000 of the motor vehicle fund--state appropriation is provided for this evaluation.

(4) The legislative transportation committee, in cooperation with the house appropriations committee, the senate ways and means committee, and the office of financial management, shall study and report to the legislature its findings regarding the process and procedures for calculation, determination, and collection of the amounts of motor vehicle excise tax (MVET) collected on the sale or lease of motor vehicles in this state. The report shall include findings as to the base amount for calculation of MVET, the amortization schedule for calculation of MVET, and adequacy and efficiency of current systems to provide accurate and timely information to those responsible for determining and collecting the MVET due, including recommendations for determining the MVET due for current and future multiple MVET tax structures. The report must also include a status report as to the progress and feasibility of using third party information providers or using private vendors to collect the MVET. $200,000 of the transportation fund--state appropriation is provided for this evaluation including the use of a consultant. This $200,000 amount is null and void if an appropriation for this activity is enacted in any other appropriations bill by June 30, 1997.

(5) During the 1998 interim, the legislative transportation committee shall conduct a study relating to interagency reimbursements, cost allocations, debt service authorizations, and other budget accountability issues.

(6) The legislative transportation committee shall study and report to the legislature its findings regarding the design-build method of contracting. The report shall include findings as to opportunities where it might be appropriate to use design-build, the type of process to be used, and the budget savings potential to the state from the design-build method of contracting.

(7) The legislative transportation committee shall study the economic and transportation impact of a draw-down of the Columbia/Snake river. At a minimum, the study should address the following issues: (a) Impacts on alternate transportation modes: State and local road deterioration, congestion, safety, rail, and truck capacity; (b) impacts to producers, growers, and shippers, such as access to markets and transportation costs; (c) impacts to river, such as transportation, jobs, and businesses; and (d) impacts on the state's export sales.

(8) $1,000,000 of the motor vehicle fund--state appropriation is provided solely for the following purpose: By June 1, 1998, the legislature and the governor shall convene a panel of transportation beneficiaries to conduct a comprehensive analysis of state-wide transportation needs and priorities; existing and potential transportation funding mechanisms, and the policies and practices of governmental entities, private businesses, and labor that affect the delivery of transportation programs and projects. By May 1, 1998, the speaker of the house of representatives and the majority leader of the senate shall appoint two members from each caucus of the house of representatives and senate and the governor shall appoint individuals representing, at a minimum, the following entities: The governor; state agencies whose policies, practices, and procedures have a direct impact on the delivery of transportation programs, projects, and services; cities; counties; regional transportation planning organizations; ports; passenger rail; light density freight rail; transit agencies; the trucking industry; the steamship industry; major employers; the retail industry; agricultural business; labor; contractors; and the general public.

The panel shall evaluate and make recommendations on the following elements:

(a) The critical state and local transportation projects, programs, and services needed to achieve an efficient, effective, state-wide, multimodal transportation system that supports the state's social, economic, and environmental well being;

(b) A realistic, achievable plan for funding transportation programs, projects, and services over the next twenty years;

(c) The relationship between state and local government agencies in delivering transportation programs, projects, and services and changes in the ways such agencies interact that are necessary to achieve a more efficient and effective delivery of transportation programs, projects, and services;

(d) The role of the transportation commission and regional transportation planning organizations in determining state and local transportation needs and priorities;

(e) Federal and state labor laws that impact the cost and efficient delivery of transportation programs, projects, and services;

(f) The process and procedures needed to implement managed competition in contracting out transportation projects and services;

(g) Business operational practices that impact the cost and timely delivery of freight and goods;

(h) A public involvement and outreach process to assess public attitudes about transportation priorities, funding, and project, program, and service delivery; and

(i) Other elements and issues as directed by the panel.

The panel shall provide quarterly progress reports to the governor, the legislative transportation committee, and the house of representatives and senate fiscal committees and shall report its final findings and recommendations by December 1, 2000.

(9) Up to $100,000 of the central Puget Sound public transportation account--state appropriation and up to $50,000 of the transportation fund--state appropriation are provided solely for a contracted performance and management audit of selected public transportation systems to ascertain the relative effectiveness and efficiency of those systems and, where appropriate, provide recommendations that would improve efficiency and effectiveness. The audit shall also determine the accuracy of the information contained in the annual public transportation systems report published by the department of transportation.

Sec. 203. 1997 c 457 s 208 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU

Motor Vehicle Fund--State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . $((159,108,000))

163,789,000

Motor Vehicle Fund--State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . $ 4,374,000

Motor Vehicle Fund--State Patrol Highway Account--Local Appropriation. . . . . . . . . . . . . . . . . .$ 170,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,961,000))

4,522,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((172,613,000))

172,855,000

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

(1) The Washington state patrol is authorized to use the federal community oriented policing program (COPS) for 54 troopers with 18 COPS troopers to begin in July 1998 and 36 COPS troopers to begin in January 1999.

(2) $((8,200,000)) 4,463,000 of the transportation fund--state appropriation ((is)) and $3,737,000 of the motor vehicle fund--state patrol highway account--state appropriation are provided for an equalization salary adjustment of three percent on July 1, 1997, and six percent on July 1, 1998, for commissioned officers (entry level trooper through captain), commercial vehicle enforcement officers, and communication officers of the Washington state patrol. The salary adjustments are intended to bring the existing salary levels into the fiftieth percentile of other Washington state law enforcement compensation plans. This is in addition to the salary increase contained in the omnibus appropriation bill or bills. The total of the two increases, in the transportation budget and omnibus appropriation bill or bills, may not exceed twelve percent.

(3) The Washington state patrol will develop a vehicle replacement plan for the next six years. The plan will include an analysis of the current 100,000 miles replacement policy and agency assignment policy. Projected future budget requirements will include forecasts of vehicle replacement costs, vehicle equipment costs, and estimated surplus vehicle values when sold at auction.

(4) The Washington state patrol vessel and terminal security (VATS) program will be funded by the state patrol highway fund beginning July 1, 1997, and into future biennia.

(5) A personnel data base will be maintained of the 801 commissioned traffic law enforcement officers, with a reconciliation at all times to the patrol allocation model and a vehicle assignment and replacement plan.

(6) $150,000 of the state patrol highway account appropriation is to fund the Washington state patrol's portion of the drug recognition expert training program previously funded by the traffic safety commission.

(7) The Washington state patrol with legislative transportation committee staff will perform an interim study of the Washington state patrol's commercial vehicle enforcement program with a report to be presented to the legislature and office of financial management in January 1998 with a developed business plan and program recommendations which includes, but is not limited to, weigh in motion technologies.

(8)(a) The Washington state patrol, in consultation with the Washington traffic safety commission, shall conduct an analysis of the most effective safety devices for preventing accidents while delivery trucks are operating in reverse gear. The analysis shall focus on trucks equipped with cube-style, walk-in cargo boxes, up to eighteen feet long, that are most commonly used in the commercial delivery of goods and services.

(b) The state patrol shall incorporate research and analysis currently being conducted by the national highway traffic safety administration.

(c) Upon completion of the analysis, the state patrol shall forward its recommendations to the legislative transportation committee and office of financial management.

(9) (($761,000)) $381,000 of the transportation fund--state appropriation is provided for the following traditional general fund purposes: The governor's air travel, the license fraud program, and the special services unit. This transportation fund--state appropriation is not a permanent funding source for these purposes.

(10) $461,000 of the state patrol highway account appropriation is provided solely for monitoring and stopping fuel tax evasion. The Washington state patrol will report on December 1, 1998, to the legislative transportation committee on the activities and revenue collected associated with fuel tax evasion.

(11) $289,000 of the state patrol highway account appropriation is provided solely for vehicle license fraud investigation. A report will be presented each session to the legislature on the activities and revenue collected by the vehicle license fraud unit.

(12) $268,000 of the motor vehicle fund--state patrol highway account is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.

(13) The chief of the Washington state patrol is prohibited from using any of the funding provided in chapter 457, Laws of 1997 and this act to increase salaries for positions above the rank of captain.

Sec. 204. 1997 c 457 s 209 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--INVESTIGATIVE SERVICES BUREAU

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,317,000))

3,133,000

The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The appropriation in this section is for the following traditional general fund purposes: Crime laboratories, used primarily for local law enforcement purposes; ACCESS, the computer system linking all law enforcement and criminal justice agencies in the state to one another; and, the identification section, which is responsible for performing criminal background checks. This appropriation is not a permanent funding source for these purposes.

Sec. 205. 1997 c 457 s 210 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU

Motor Vehicle Fund--State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . $ ((55,961,000))

52,926,000

Motor Vehicle Fund--State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . $ 104,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,965,000))

2,513,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((61,030,000))

55,543,000

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

(1) $1,017,000 for the state patrol highway account--state appropriation is provided solely for year 2000 conversions of transportation automated systems. For purposes of this subsection, transportation automated systems does not include WASIS and WACIS.

(2) $50,000 of the state patrol highway account--state appropriation is provided solely for a feasibility study to assess the effect of mobile computers on trooper productivity by type of service and measurement of the productivity gains achieved through reduction in administrative time and paperwork processing. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.

(3) $50,000 of the state patrol highway account--state appropriation is provided solely for a review of the feasibility of improving the patrol's computer-aided dispatch system to permit tracking of trooper availability and response time to calls for service. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.

(4) These appropriations maintain current level funding for the Washington state patrol service center and have no budget savings included for a consolidation of service centers based on the study conducted by the technology management group. During the 1997 interim, the costs for current level will be reviewed by the office of financial management and department of information services with a formal data center recommendation, that has been approved by the information services board, to the legislature in January 1998. Current level funding will be split between fiscal year 1998 and fiscal year 1999 with consideration of funding adjustments based on the review and the formal policy and budget recommendations.

(5) (($4,965,000)) $2,513,000 of the transportation fund--state appropriation is for the following traditional general fund purposes: The executive protection unit, revolving fund charges, budget and fiscal services, computer services, personnel, human resources, administrative services, and property management. This appropriation is not a permanent funding source for these purposes.

(6) $22,000 of the motor vehicle fund--state patrol highway account appropriation is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.

(7) The 1998 Washington state patrol interim working group shall review the data center, electronic services division, communications division, and strategic planning and shall provide recommendations on increasing the effectiveness and efficiencies of the programs under review and audit.

(8) $1,580,000 of the state patrol highway account--state appropriation is provided solely for the transition of the Washington state patrol mainframe data processing functions to the Washington state department of information services data center in Olympia, Washington. The Washington state patrol and the department of information services shall work cooperatively to ensure the transition to the department of information services is completed successfully.

Sec. 206. 1997 c 457 s 211 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES

Highway Safety Fund--Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . .$ ((77,000))

120,000

State Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((57,000))

52,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,538,000))

6,047,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,501,000))

4,624,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((900,000))

605,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((11,073,000))

11,448,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The agency is directed to develop a proposal for implementing alternative approaches to delivering agency services to the public. The alternative approaches may include the use of credit card payment for telephone or use of the internet for renewals of vehicle registrations. The proposal shall also include collocated services for greater convenience to the public. The agency shall submit a copy of the proposal to the legislative transportation committee and to the office of financial management no later than December 1, 1997.

Sec. 207. 1997 c 457 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS

Highway Safety Fund--Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . .$ ((2,000))

94,000

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((123,000))

42,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,396,000))

10,732,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,858,000))

5,610,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,190,000))

441,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((11,569,000))

16,919,000

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

(1) $2,498,000 of the highway safety fund--state appropriation and $793,000 of the motor vehicle fund--state appropriation are provided for the following activities: (1) Identify business objectives and needs relating to technology improvements and integration of the drivers' licensing and vehicle title and registrations systems; (2) converting the drivers' licensing software applications to achieve Year 2000 compliance; (3) convert the drivers' field network from a uniscope to a frame-relay network; (4) develop an interface between the unisys system and the CRASH system; and (5) operate and maintain the highways-licensing building network and the drivers' field network.

(2) $1,769,000 of the highway safety fund--state appropriation and $875,000 of the motor vehicle fund--state appropriation are provided to implement the following business and technology assessment project recommendations contained in the feasibility study delivered to the legislature in January 1998: (a) Search and Query, option 2 and; (b) licensing service office improvements, option 2. If the driver's license fee increase contained in sections 6 and 7 of Engrossed Substitute House Bill No. 2730 is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.

Sec. 208. 1997 c 457 s 213 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES

General Fund--Marine Fuel Tax Refund Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$ 26,000

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 549,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,003,000))

49,630,000

Department of Licensing Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,944,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((53,522,000))

53,149,000

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

(1) $600,000 of the licensing service account--state appropriation is provided for replacement of printers for county auditors and subagents.

(2) The department of licensing, in cooperation with the fuel tax advisory committee, shall prepare and submit a report to the legislative transportation committee containing recommendations for special fuel and motor vehicle fuel recordkeeping and reporting requirements, including but not limited to recommendations regarding the form and manner in which records and tax reports must be maintained and made available to the department; which persons engaged in the business of selling, purchasing, distributing, storing, transporting, or delivering fuel should be required to submit periodic reports regarding the disposition of such fuel; and the feasibility of implementing an automated fuel tracking system. The report is due no later than October 31, 1997.

(3) The department of licensing, in cooperation with representatives of local governments and the department of revenue shall analyze the collection of the local option fuel tax under RCW 82.80.010. Based on that analysis the department of licensing shall offer recommendations regarding the appropriate government entity to collect the local option fuel tax and the best method to accomplish that collection. The department of licensing shall report its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.

(4) The department of licensing, in conjunction with the interagency commission on outdoor recreation, the department of transportation, and other affected entities, shall conduct a study and make recommendations regarding:

(a) Whether the study required by RCW 43.99.030 to determine what portion of the motor vehicle fuel tax collected is tax on marine fuel is an effective and efficient mechanism for determining what portion of fuel tax revenues should be refunded to the marine fuel tax refund account;

(b) Other possible methodologies for determining the appropriate amount of tax revenue to refund from the motor vehicle fund to the marine tax refund account; and

The department of licensing shall make a report of its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.

(5) $382,000 of the motor vehicle fund--state appropriation is provided solely to implement Substitute House Bill No. 2659. If Substitute House Bill No. 2659 is not enacted by June 30, 1998, this amount shall lapse.

Sec. 209. 1997 c 457 s 214 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Highway Safety Fund--Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . .$ ((1,160,000))

1,411,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((61,087,000))

57,716,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,985,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((67,232,000))

64,112,000

The appropriations in this section are subject to the following conditions and limitations:

(1) $225,000 of the highway safety account--state appropriation is provided solely to implement Substitute House Bill No. 2442 or Senate Bill No. 6190. If neither bill is enacted by June 30, 1998, this amount shall lapse.

(2) $480,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 6165. If Senate Bill No. 6165 is not enacted by June 30, 1998, this amount shall lapse.

(3) $117,000 of the highway safety account--state appropriation is provided solely to implement House Bill No. 3054. If House Bill No. 3054 is not enacted by June 30, 1998, this amount shall lapse.

(4) $80,000 of the highway safety account--state appropriation is provided solely to implement House Bill No. 2730. If House Bill No. 2730 is not enacted by June 30, 1998, this amount shall lapse.

(5) $124,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 6591. If Senate Bill No. 6591 is not enacted by June 30, 1998, this amount shall lapse.

(6) $1,000,000 of the highway safety account--state appropriation is provided solely to implement 1998 legislation that changes statutes relating to driving under the influence. If legislation changing the DUI statutes is not enacted by June 30, 1998, this amount shall lapse.

Sec. 210. 1997 c 457 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION--PROGRAM F

Transportation Fund--Aeronautics Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,301,000))

3,801,000

Transportation Fund--Aeronautics Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$ 1,000

Aircraft Search and Rescue, Safety, and Education Account--State Appropriation. . . . . . . . . . . . $ ((170,000))

190,000

Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,722,000))

4,242,000

Sec. 211. 1997 c 457 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Motor Vehicle Fund--Economic Development Account--State Appropriation. . . . . . . . . . . . . . . .$ 2,434,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((113,341,000))

115,275,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((130,485,000))

155,485,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000,000

Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((78,600,000))

73,271,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((278,546,000))

218,546,000

Puyallup Tribal Settlement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000

Puyallup Tribal Settlement Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,288,000))

1,401,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((649,894,000))

611,612,000

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:

(((b) State funds conditioned in (a) of this subsection may also be used as match for federally funded projects of similar nature.

(2))) (1) The special category C account--state appropriation of (($78,600,000)) $73,271,000 includes $26,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.812 through 47.10.817 and includes (($19,000,000)) $12,000,000 in proceeds from the sale of bonds authorized by House Bill No. 1012. 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. If House Bill No. 1012 is not enacted by June 30, ((1997)) 1998, (($19,000,000)) $7,800,000 of the special category C account--state appropriation shall lapse.

(((3))) (2) The motor vehicle fund--state appropriation includes $2,685,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. 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.

(((4))) (3) 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.

(((5))) (4) The motor vehicle fund--state appropriation in this section includes $600,000 solely for a rest area and information facility in the Nisqually gateway area to Mt. Rainier, provided that at least forty percent of the total project costs are provided from federal, local, or private sources. The contributions from the nonstate sources may be in the form of in-kind contributions including, but not limited to, donations of property and services.

(((6))) (5) The appropriations in this section contain $118,247,000 reappropriation from the 1995-97 biennium.

(((8))) (6) The motor vehicle fund--state appropriation in this section includes $250,000 to establish a wetland mitigation pilot project. This appropriation may only be expended if the department of transportation establishes a technical committee to better implement the department's strategic plan. The technical committee shall include, but is not limited to, cities, counties, environmental groups, business groups, tribes, the Puget Sound action team, and the state departments of ecology, fish and wildlife, and community, trade, and economic development, and appropriate federal agencies. The committee shall assist the department in implementing its wetland strategic plan, including working to eliminate barriers to improved wetland and watershed management. To this end, the technical committee shall: (a) Work to facilitate sharing of agency environmental data, including evaluation of off-site and out-of-kind mitigation options; (b) develop agreed-upon guidance that will enable the preservation of wetlands that are under imminent threat from development for use as an acceptable mitigation option; (c) develop strategies that will facilitate the implementation of mitigation banking, including developing mechanisms for valuing and transferring credits; (d) provide input in the development of wetland functions assessment protocols related to transportation projects; (e) develop incentives for interagency participation in joint mitigation projects within watersheds; and (f) explore options for funding environmental mitigation strategies. The department shall prepare an annual report to the legislative transportation committee and legislative natural resources committees on recommendations developed by the technical committee.

(7) The department shall report January 1st and July 1st of each year, to the legislative transportation committee and the office of financial management of the timing and the scope of work being performed for the regional transit authority. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.

(8) The translake study funded in this section shall include recommendations to address methods for mitigating traffic noise in the study area.

(9) It is the intent of the legislature that no funding for the SR 509 South Access project be provided until a proposal for tying the project to other freight corridors, such as SR 18 and SR 167, in addition to SR 5, and a funding plan with participation from partners of the state are provided and agreed to by the legislative transportation committee and the governor.

(10) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.

(11) $2,000,000 of the motor vehicle fund--state appropriation is provided solely for transfer to the advanced environmental mitigation revolving account--state.

(12) The legislature finds that the state's economic development efforts can be enhanced by, in certain instances, providing funds to improve state highways in the vicinity of new industries considering locating in this state or existing industries that are considering significant expansion. The department shall develop criteria for programming and prioritization of highway infrastructure projects that will contribute to economic development as required by RCW 47.05.051(2). The department shall report to the legislative transportation committee on the criteria developed by December 1, 1998.

Sec. 212. 1997 c 457 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,280,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,235,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,515,000

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 $16,235,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of only the SR 16 corridor improvements and park and ride projects selected under the public-private transportation initiative program authorized under chapter 47.46 RCW; and support costs of the public-private transportation initiatives program.

(2) The appropriations in this section contain $16,235,000 reappropriated from the 1995-97 biennium.

(3) $100,000 of the motor vehicle fund--state appropriation is provided solely for the purpose of the program evaluation and audit of the public private initiatives in transportation program required under RCW 47.46.030(2). The legislative transportation committee shall act as project manager of the evaluation and audit and shall contract with a consultant or consultants to conduct the evaluation and audit.

Sec. 213. 1997 c 457 s 219 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((238,200,000))

239,200,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 465,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,335,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((242,000,000))

243,000,000

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 not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

(2) The department shall deliver the highway maintenance program according to the plans for each major maintenance group to the extent practical. However, snow and ice expenditures are highly variable depending on actual weather conditions encountered. If extraordinary winter needs result in increased winter maintenance expenditures, the department shall, after prior consultation with the transportation commission, the office of financial management, and the legislative transportation committee adopt one or both of the following courses of action: (a) Reduce planned maintenance activities in other groups to offset the necessary increases for snow and ice control; or (b) continue delivery as planned within other major maintenance groups and request a supplemental appropriation in the following legislative session to fund the additional snow and ice control expenditures.

(3) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.

(4) Funding appropriated for local storm water charges assessed under RCW 90.03.525, which is allocated for, but not paid to, a local storm water utility because the utility did not meet the conditions provided under RCW 90.03.525, may be transferred by the department to program Z of the department to be distributed as grants under the storm water grant program.

Sec. 214. 1997 c 457 s 220 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((289,777,000))

288,090,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 274,259,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((566,436,000))

564,749,000

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 $6,800,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. 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 appropriations in this section contain $27,552,000 reappropriated from the 1995-97 biennium.

(3) If the Oregon state legislature enacts a public/private partnership program and the Washington state transportation commission, in consultation with the legislative transportation committee, negotiates and enters into an agreement between Washington and Oregon to place the Lewis and Clark bridge into Oregon's public/private partnership program, up to $3,000,000 of the motor vehicle fund--state appropriation may be used as Washington's contribution toward the design of the project pursuant to the agreement between Washington and Oregon. Any additional contributions shall be subject to Washington state legislative appropriations and approvals. The department shall provide a status report on this project to the legislative transportation committee by June 30, 1998.

(4) The transportation commission shall develop a comprehensive policy on tolling that shall include, but not be limited to, identification of the criteria for determining which facilities shall be considered for toll financing, a process for determining the amount of tolls to be assessed, and a process for soliciting and incorporating public input. A report on the policy shall be provided to the legislative transportation committee and the office of financial management by March 1, 1999.

(5) The twenty-year bridge system plan is assumed to be fully funded by existing revenues. The current straight-line planning and budgeting methods for bridge preservation projects do not accommodate the cash flow requirements of major bridge preservation projects such as the Hood Canal Bridge. The department shall recommend to the legislative transportation committee, by December 1, 1998, a sequencing plan for the twenty-year bridge system plan that includes the cash flow requirements associated with the major bridge replacement/ rehabilitation projects.

Sec. 215. 1997 c 457 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q

State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 153,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((29,140,000))

30,412,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 275,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,840,000

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

(1) The department, in cooperation with the Washington state patrol and the tow truck industry, shall develop and submit to the legislative transportation committee by October 31, 1997, a recommendation for implementing new tow truck services during peak hours on the Puget Sound freeway system.

(2) The department, in cooperation with the Washington state patrol, the department of licensing, the state of Oregon, and the United States department of transportation, shall install and operate the commercial vehicle information systems and network (CVISN) at a selected pilot site. If the state department of transportation receives additional federal funding for this project that is eligible to supplant state funding, the appropriation in this section shall be reduced by the amount of the state funds supplanted.

Sec. 216. 1997 c 457 s 222 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Motor Vehicle Fund--Puget Sound Capital Construction Account--State Appropriation. . . . . . . .$ 777,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((57,462,000))

70,032,000

Motor Vehicle Fund--Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . .$ 1,093,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,158,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((60,490,000))

73,060,000

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

(1)(a) The motor vehicle fund--state appropriation includes $((2,650,000)) 14,300,000 provided solely for programming activities and other efforts needed to bring the department's information systems, and devices with computers built into them, into compliance with the year 2000 requirements of the department of information services. The department is directed to expend the moneys internally reallocated for this purpose before spending from this appropriation. The department is directed to provide quarterly reports on this effort to the legislative transportation committee and the office of financial management beginning October 1, 1997.

(b) Up to $2,900,000 of the amount provided in (a) of this subsection may be expended for testing and required modifications to electronic devices and other equipment and specialized software that are essential for department operations to ensure they are year 2000 compliant. Before expending any of this amount for these purposes, the department shall consult with the legislative transportation committee and the office of financial management.

(2) The legislative transportation committee shall review and analyze freight mobility issues affecting eastern and southeastern Washington as recommended by the freight mobility advisory committee and report back to the legislature by November 1, 1997. $500,000 of the motor vehicle fund--state appropriation is provided for this review and analysis. The funding conditioned in this subsection shall be from revenues provided for interjurisdictional studies.

(3) In order to increase visibility for decision making, the department shall review its budgeting and accounting methods for management information systems. The review shall include, but not be limited to, the cost-benefit analysis of existing processes and evaluation of less complex alternatives such as direct appropriations. The results of the review shall be reported to the legislative transportation committee and the office of financial management by July 1, 1998.

Sec. 217. 1997 c 457 s 224 (uncodified) is amended to read as follows:

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,515,000

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

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 840,000

(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES & SERVICES & CONSOLIDATED MAIL SERVICES Motor Vehicle Fund--State App. .$3,391,000

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

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,240,000

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

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,120,000))

12,535,000

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

Motor Vehicle Fund--Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . .$ 2,928,000

(7) FOR PAYMENT OF COSTS OF THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 536,000

(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . .$ 90,000

(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . $ 735,000

(10) FOR ARCHIVES AND RECORDS MANAGEMENT Motor Vehicle Fund--

State Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((295,000))

355,000

Sec. 218. 1997 c 457 s 225 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W

Motor Vehicle Fund--Puget Sound Capital Construction Account--State Appropriation. . . . . . . .$((243,229,000))

209,886,000

Motor Vehicle Fund--Puget Sound Capital Construction Account--Federal Appropriation. . . . . . .$ 30,165,000

Motor Vehicle Fund--Puget Sound Capital Construction Account--Private/Local

Appropriation. . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 765,000

Transportation Fund--Passenger Ferry Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . $ ((579,000))

640,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((274,738,000))

241,456,000

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 (version 3) adjusted by the legislature for the 1997-99 budget. The department shall reconcile the 1995-97 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 $100,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries, including 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 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.

(4) Washington state ferries is authorized to reimburse up to $3,000,000 from the Puget Sound capital construction account--state appropriation or Puget Sound capital construction account--federal appropriation to the city of Bremerton and the port of Bremerton for Washington state ferries' financial participation in the development of a Bremerton multimodal transportation terminal, port of Bremerton passenger-only terminal expansion, and ferry vehicular connections to downtown traffic circulation improvements. The reimbursement shall specifically support the construction of the following components: Appropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections; and the Washington state ferries' component of the Bremerton multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network.

(5) The Puget Sound capital construction account--state appropriation includes funding for capital improvements on vessels to meet United States Coast Guard Subchapter W regulation revisions impacting SOLAS (safety of life at sea) requirements for ferry operations on the Anacortes to Sidney, B.C. ferry route.

(6) The Puget Sound capital construction account--state appropriation, the Puget Sound capital construction account--federal appropriation, and the passenger ferry account--state appropriation include funding for the construction of one new passenger-only vessel and the department's exercise of the option to build a second passenger-only vessel.

(7) The Puget Sound capital construction account--state appropriation includes funding for the exploration and acquisition of a design for constructing a millennium class ferry vessel.

(8) The Puget Sound capital construction account--state appropriation includes $90,000 for the purchase of defibrillators. At least one defibrillator shall be placed on each vessel in the ferry fleet.

(9) The appropriations in this section contain $46,962,000 reappropriated from the 1995-97 biennium.

(((10)(a) The Puget Sound capital construction account--state appropriation includes $57,461,000 for the 1997-99 biennium portion of the design and construction of a fourth Jumbo Mark II ferry and for payments related to the lease-purchase of the vessel's engines and propulsion system.

(b) If House Bill No. 2108 authorizing the department to procure the vessel utilizing existing construction and equipment acquisition contracts is not enacted during the 1997 legislative session, (a) of this subsection is null and void; $50,000,000 of the motor vehicle fund--Puget Sound capital construction account--state appropriation shall not be allotted; and $7,461,000 may be allotted for preservation or renovation of Super class ferries.))

Sec. 219. 1997 c 457 s 226 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((267,358,000))

270,522,000

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 (($29,151,000)) $28,696,000 for vessel operating fuel in the 1997-99 biennium. 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 provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1997-99 biennium may not exceed (($177,347,000)) $179,095,000 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 $313.95 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1997-99 biennium. 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 salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1997, and thereafter, as established in the 1997-99 general fund operating budget.

(4) The appropriation in this section includes up to $1,566,000 for additional operating expenses required to comply with United States Coast Guard Subchapter W regulation revisions for vessels operating on the Anacortes to Sidney, B.C. ferry route. The department shall explore methods to minimize the cost of meeting United States Coast Guard requirements and shall report the results to the legislative transportation committee and office of financial management by September 1, 1997.

(5) The department shall request a reduction of the costs associated with the use of the terminal leased from the Port of Anacortes and costs associated with use of the Sidney, British Columbia terminal.

(6) Agreements between Washington state ferries and concessionaires for automatic teller machines on ferry terminals or vessels shall provide for and include banks and credit unions that primarily serve the west side of Puget Sound.

(7) In the event federal funding is provided for one or more passenger-only ferry vessels for the purpose of transporting United States naval personnel, the department of transportation is authorized to acquire and construct such vessels in accordance with the authority provided in RCW 47.56.030, and the department shall establish a temporary advisory committee comprised of representatives of the Washington state ferries, transportation commission, legislative transportation committee, office of financial management, and the United States Navy to analyze and make recommendations on, at a minimum, vessel performance criteria, docking, vessel deployment, and operating issues.

(((9))) (8) The appropriation provides funding for House Bill No. 2165 (paying interest on retroactive raises for ferry workers).

(9) The commission is authorized to increase Washington state ferry tariffs in excess of the fiscal growth factor, established under chapter 43.135 RCW, in fiscal year 1998 and fiscal year 1999.

(10) Funding for Anacortes to Sidney advertising is contingent upon partners meeting their commitment. In no event may the state share exceed fifty percent of the cash contribution toward the project.

(11) $1,370,000 of this appropriation is provided solely for the Hiyu operation for Southworth/Vashon 5 days per week for 16 hours per day. Prior to placing the Hiyu in permanent service on a route between Vashon and Southworth, the Washington state ferries shall conduct a study of the impact of additional service on Vashon and Southworth and report back to the legislative transportation committee by May 15, 1998.

(12) $446,000 of this appropriation is provided solely to provide an additional crew member on Jumbo Mark 2 ferries as required by emergency evacuation regulations adopted by the United States Coast Guard. If the Coast Guard requirement can be met without the hiring of additional staff, the portion of this appropriation provided to meet that requirement shall not be expended.

Sec. 220. 1997 c 457 s 227 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION AND RAIL--PROGRAM Y

Essential Rail Assistance Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 256,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,225,000))

13,225,000

Air Pollution Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,290,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((48,529,000))

55,029,000

Transportation Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,947,000

Transportation Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 105,000

Central Puget Sound Public Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . $ ((250,000))

4,250,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((65,602,000))

83,102,000

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 (($40,180,000)) $46,180,000 of the transportation fund--state appropriation is provided for intercity rail passenger service including up to $8,000,000 for lease purchase of two advanced technology train sets with total purchase costs not to exceed $20,000,000; up to $1,000,000 for one spare advanced technology train power-car and other spare parts, subsidies for operating costs not to exceed $12,000,000, to maintain service of two state contracted round trips between Seattle and Portland and one state contracted round trip between Seattle and Vancouver, British Columbia, and capital projects necessary to provide Seattle-Vancouver, British Columbia, train operating times of under 4 hours.

(2) Up to (($2,500,000)) $3,000,000 of the transportation fund--state appropriation is provided for the rural mobility program administered by the department of transportation. Priority for grants provided from this account shall be given to projects and programs that can be accomplished in the 1997-99 biennium.

(3) Up to $600,000 of the high capacity transportation account--state appropriation is provided for rail freight coordination, technical assistance, and planning.

(4) The department shall provide biannual reports to the legislative transportation committee and office of financial management regarding the department's rail freight program. The department shall also notify the committee for project expenditures from all fund sources prior to making those expenditures. The department shall examine the ownership of grain cars and the potential for divestiture of those cars and other similar assets and report those findings to the committee prior to the 1998 legislative session.

(5) Up to $750,000 of the transportation fund--state appropriation and up to $250,000 of the central Puget Sound public transportation account--state appropriation are provided to fund activities relating to coordinating special needs transportation among state and local providers. These activities may include demonstration projects, assessments of resources available versus needs, and identification of barriers to coordinating special needs transportation. The department will consult with the superintendent of public instruction, the secretary of the department of social and health services, the office of financial management, the fiscal committees of the house of representatives and senate, special needs consumers, and specialized transportation providers in meeting the goals of this subsection.

(6) The appropriations in this section contain $4,599,000 reappropriated from the 1995-97 biennium.

(7) The high capacity transportation account--state appropriation includes $75,000 for the department to develop a strategy and to identify how the agency would expend additional moneys to enhance the commute trip reduction program. The report would include recommendations for grant programs for employers and jurisdictions to reduce SOV usage and to provide transit incentives to meet future commute trip reduction requirements. The report is due to the legislative transportation committee by January 1, 1998.

(8) In addition to the appropriations contained in this section, the office of financial management shall release the $2,000,000 transportation fund--state funds appropriated for the intercity rail passenger program in the 1995-97 biennium but held in reserve pursuant to section 502, chapter 165, Laws of 1996.

(9) Up to $150,000 of the transportation fund--state appropriation is provided for the management and control of the transportation corridor known as the Milwaukee Road corridor owned by the state between Ellensburg and Lind, and to take actions necessary to allow the department to be in a position, with further legislative authorization, to begin to negotiate a franchise with a rail carrier to establish and maintain a rail line over portions of the corridor by July 1, 1999.

(10) Up to $2,500,000 of the high capacity transportation account--state appropriation and $4,000,000 of the central Puget Sound public transportation account--state appropriation may be used by the department for activities related to improvement of the King Street station. The department shall provide monthly reports to the legislative transportation committee on activities related to the station, including discussions of funding commitments from others for future improvements to the station.

(11) $4,000,000 of the high capacity transportation account--state appropriation for passenger rail infrastructure improvement is provided solely for rail improvements to add rail passenger service north of Seattle. These funds are conditioned on match of at least equal amounts from both Burlington Northern Sante Fe and Amtrak for rail line improvements and upon Amtrak purchasing an additional train set for operation in the corridor. These funds shall not be expended until authorized by the legislative transportation committee and the office of financial management; and the participation of international partners in service provided in the corridor shall be considered in such a decision.

Sec. 221. 1997 c 457 s 228 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((8,452,000))

9,502,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,726,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((500,000))

650,000

Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,175,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((42,678,000))

45,053,000

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 $1,785,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). 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) As a condition of receiving the full state subsidy in support of the Puget Island ferry, Wahkiakum county must, by December 31, 1997, increase ferry fares for passengers and vehicles by at least ten percent. If the fares are not increased to meet this requirement, the department, in determining the state subsidy after December 31, 1997, shall reduce the operating deficit by the amount that would have been generated if the ten percent fare increase had been implemented.

(3) The appropriations in this section contain $1,750,000 reappropriated from the 1995-97 biennium.

(4) Up to $500,000 of the high capacity transportation account--state appropriation is provided for implementation of the recommendations of the freight mobility advisory committee, and any legislation enacted resulting from those recommendations.

(5) $175,000 of the transportation fund--state appropriation is provided solely to fund the freight mobility strategic investment board. If Second Substitute House Bill No. 2180 is not enacted by June 30, 1998, this amount shall lapse.

(6) The transportation account--state appropriation includes $600,000 to establish alternatives for flood management and flood hazard reduction projects in the Chehalis Basin. A technical committee comprised of the department of transportation, department of ecology, the United States army corps of engineers, federal emergency management administration, United States geological survey, affected counties and tribes, and other entities with critical knowledge related to flood hazard reduction projects in the Chehalis Basin shall be formed. Funds shall be distributed to counties within the Chehalis Basin by the department of transportation for projects that further understanding of the causes of flooding and options for flood hazard reduction. Alternatives shall be consistent with fish and habitat recovery efforts. Projects funded shall be coordinated with the technical committee. The department of transportation shall present a report to the legislative transportation committee and other appropriate legislative committees regarding findings and/or progress made by funded projects by December 1, 1998.

(7) The executive director of the transportation improvement board, the director of the county road administration board, and the assistant secretary of the Transaid service center within the department of transportation shall submit to the legislative transportation committee and the office of financial management, by December 1, 1998, a plan and time schedule to consolidate the county road administration board, the transportation improvement board, and the transaid division. Progress reports are required in June 1998 and September 1998.

The plan must attempt to achieve the savings identified in the local government assistance study delivered to the budget development working group of the legislative transportation committee in January 1998, except the plan may use up to thirty percent of the savings to increase technical assistance above current levels. Elements of the plan must include but not be limited to:

(a) Whether the consolidation will occur within an existing agency or as a separate agency;

(b) Whether the consolidated organization will be governed by a new or existing board or commission or another option;

(d) Identification of new activities, ongoing activities, and activities that no longer need to continue;

(e) Space requirements;

(f) An accounts and program structure; and

(g) A transition process and costs associated with the transition.

$50,000 of the motor vehicle fund--state appropriation from the inter-jurisdictional set-aside is provided solely for a facilitator and other costs associated with development of the plan. The assistant secretary for the transaid division will coordinate these activities.

(8) $750,000 of the motor vehicle fund--state appropriation is provided solely for a median barrier upon the Spokane street viaduct. Use of this funding is contingent upon a commitment of funding from other partners for the remainder of the project cost.

(9) Up to $150,000 of the high capacity transportation account--state appropriation is provided for the installation of active railroad crossing warning devices at the sunnyside beach park entrance in Steilacoom.

(10) $400,000 of the transportation fund--state appropriation is provided solely for a study by the legislative transportation committee, in cooperation with the port of Benton, developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.

PART III

TRANSPORTATION AGENCIES CAPITAL FACILITIES

Sec. 301. 1997 c 457 s 301 (uncodified) is amended to read as follows:

(1) 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.

(2) 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 $3,709,900;

(b) A new customer service center in Thurston county for $4,641,200; and

(3) The Washington state patrol, department of licensing, and department of transportation shall provide monthly progress reports to the legislative transportation committee within the transportation executive information system on the capital facilities receiving an appropriation in this act.

(4) The transportation agencies shall perform a review and analysis of current office facilities housing the work force within Thurston county for the department of transportation, Washington state patrol, department of licensing, and traffic safety commission. This review and analysis shall address, as a minimum, the historical growth of the agencies facilities requirements; a comprehensive cost/benefit analysis of current leased vs. owned facilities using the office of financial management lease/purchase decision model; and short-term, mid-term, and long-term facilities proposals, including a comprehensive life-cycle analysis of the proposals. The review and analysis is to be performed jointly by the department of transportation, Washington state patrol, department of licensing, traffic safety commission, department of general administration, and office of financial management. Monthly progress reports shall be provided to the legislative transportation committee. Agencies will make a recommendation on a transportation center to reduce the number of leased facilities and move toward a state-owned facility. A report is to be presented to the legislative transportation committee and the office of financial management no later than September 30, 1998.

Sec. 302. 1997 c 457 s 302 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--CAPITAL PROJECTS

Motor Vehicle Fund--State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . $ ((7,075,000))

10,425,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,000,000))

1,000,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((11,075,000))

11,425,000

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

(1) The appropriations in the transportation fund and the motor vehicle fund--state patrol highway account are provided for the microwave migration, Yakima district 3 headquarters office, weigh station facilities identified in the budget notes, training academy HVAC system, Vancouver Ridgefield commercial vehicle inspection building, and regular facilities maintenance.

(2) The Washington state patrol, based on an independent real estate appraisal, is authorized to purchase the Port Angeles detachment office for a maximum of $600,000 provided the appraisal is $600,000 or above in value. If the appraisal is less than $600,000, the Washington state patrol is authorized to purchase the building for the appraised value. Certificates of participation will be used for financing the cost of the building and related financing fees.

(3) A report will be prepared and presented to the legislature and office of financial management in January 1998 on the microwave migration project.

(4) The funding for the microwave migration project is limited to $4,400,000, the amount of revenue from frequency sales.

(5) The intent of the legislature is to have vehicle identification number (VIN) lanes and encourage colocation of other transportation and state services wherever feasible in transportation facilities.

(6) The Washington state patrol is authorized to proceed with the exchange of the Olympia, Washington Martin Way property for a light industrial land complex to be used to consolidate existing separately located state activities and functions. The agency will work with the office of financial management, department of general administration, and the legislative transportation committee in the exchange and approval processes.

PART IV

TRANSFERS AND DISTRIBUTIONS

Sec. 401. 1997 c 457 s 401 (uncodified) is amended to read as follows:

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

Highway Bond Retirement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 195,062,000

Ferry Bond Retirement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 49,606,000

Transportation Improvement Board Bond Retirement Account Appropriation. . . . . . . . . . . . . . . .$ 40,000,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((244,668,000))

284,668,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity. If either House Bill No. 2582 or Senate Bill No. 6315 is enacted by June 30, 1998, then $40,000,000 of the highway bond retirement account appropriation shall lapse. If neither House Bill No. 2582 nor Senate Bill No. 6315 is enacted by June 30, 1998, then the appropriation for the transportation improvement board bond retirement account shall lapse.

Sec. 402. 1997 c 457 s 402 (uncodified) is amended to read as follows:

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. . . . . . . . . . . . . $ 500,000

Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((130,000))

1,099,000

Transportation Improvement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000

Special Category C Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((350,000))

190,000

Transportation Capital Facilities Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000

Urban Arterial Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,186,000))

1,995,000

NEW SECTION. Sec. 403. A new section is added to 1997 c 457 (uncodified) to read as follows:

The office of the state treasurer is authorized to transfer any transportation improvement account and urban arterial trust account balances available in the highway bond retirement account into the transportation improvement board bond retirement account following a cooperative agreement by the department of transportation and the transportation improvement board on the exact amount of the transfer.

Sec. 404. 1997 c 457 s 407 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--TRANSFERS

(1) R V Account--State Appropriation:

For transfer to the Motor Vehicle Fund--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,176,000

(2) Motor Vehicle Fund--State Appropriation:

For transfer to the Transportation Capital Facilities Account--State. . . . . . . . . . . . . . . . . . . . . . . .$ ((47,569,000))

42,569,000

(3) ((Small City Account--State Appropriation:

For transfer to the Urban Arterial Trust Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,359,000

(4))) Small City Account--State Appropriation:

For transfer to the Transportation Improvement Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,500,000

Sec. 405. 1997 c 457 s 408 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS

Motor Vehicle Fund--State Appropriation

For transfer to the Transportation Equipment Fund--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 500,000

Transportation Equipment Fund--State Appropriation

For transfer to the Motor Vehicle Fund--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,500,000

The appropriations transfers in this section ((is)) are provided for the purchase of equipment for the highway maintenance program from the transportation equipment fund - operations.

NEW SECTION. Sec. 406. A new section is added to 1997 c 457 (uncodified) to read as follows:

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.

PART V

MISCELLANEOUS

C. BUDGET SUBMITTAL AND OVERSIGHT PROVISIONS

NEW SECTION. Sec. 501. Any agency requesting transportation funding must submit to the legislative transportation committees the same request and supporting documents presented to the office of financial management at agency budget submittal time.

NEW SECTION. Sec. 502. The public transportation and rail program shall be divided into three separate programs in the 1999-01 biennium. They shall be public transportation, rail-operating, and rail-capital.

NEW SECTION. Sec. 503. A new section is added to 1997 c 457 (uncodified) to read as follows:

Transportation agencies shall undertake the following activities in order to establish a performance-based budgeting process for the 1999-2001 biennial budget:

(1) The department of licensing, the department of transportation, and the Washington state patrol, in cooperation with the office of financial management and the legislative transportation committee, shall implement a performance budgeting process that provides a measurable link between agency objectives, service levels, and budget. The agencies shall also develop indicators of performance, stated in terms of expected results, to measure the agencies' progress in achieving the agencies' goals.

(2) The transportation agencies shall submit a strategic plan with their agency request budgets. The strategic plan must include a six- year outlook and define and clarify the agency mission and vision, provide the basis for budget development, and outline the agency's goals and strategies.

(3) The transportation agencies shall establish performance indicators that measure activities and associated goals and strategies in the strategic plan. The agencies shall also provide a preferred level of performance over the next six years.

(4) The legislative transportation committee, the office of financial management, and the transportation agencies shall establish the means of conducting program authorization reviews of all transportation programs. The reviews shall include:

(a) An agency self-assessment to judge the quality and usefulness of: (i) The agency's long-term strategic program goals; (ii) program priorities and objectives; (iii) activities necessary to achieve program priorities and objectives; (iv) service level criteria for the necessary activities; (v) best practices by other states as a possible benchmark of the performance of their programs; and (vi) service level criteria, as measured against different funding levels;

(b) A review of the agency self-assessment and a report to the legislature; and

(c) A report which recommends whether to retain, eliminate, or modify funding and related statutory references for the agency. The parties conducting the review shall consider: (i) Whether the agency performance measures adequately measure the agency goals; (ii) whether the program performs efficiently and effectively, including comparisons with other jurisdictions, if applicable; (iii) whether there are other cost-effective alternative methods of accomplishing the program's mission; and (iv) whether there are any funds saved by the agency's performance.

(5) The transportation agencies shall each designate a program to test the effectiveness of performance-based budgeting for the 1999-2001 budget submittal period.

(6) Each agency shall submit a program list to the legislative transportation committee and the office of financial management at the end of each fiscal year, which describes the functions of the program, the fund sources for the program, and the number of full-time equivalents.

(7) The transportation agencies shall develop agency biennial budget requests at the agency budget program level, rather than the object level, and submit their biennial and supplemental budget requests to the office of financial management via a common budget system beginning July 1, 1998.

(8) The agencies shall input monthly their financial information and quarterly program performance measurements into the transportation executive information system and other systems as required by the office of financial management. There is no requirement to submit a monthly hard copy report to the legislature.

(9) Agencies are not required to develop a new strategic plan, performance measures, or management quality initiatives in place of current performance-based budgeting activities.

(10) If Substitute Senate Bill No. 2890 is enacted by June 30, 1998, this section is null and void.

D. BILLS NECESSARY TO IMPLEMENT THIS ACT

Sec. 504. 1997 c 457 s 511 (uncodified) is amended to read as follows:

The following bills, as identified by bill number in the form as passed by the legislature, are necessary to implement portions of this act: ((Engrossed Substitute House Bill No. 1011, Substitute House Bill No. 2108, or Substitute Senate Bill No. 5718)) (1) House Bill Nos. 2659, 2615, 1553, 3110, 2892, 1012, 1487, 1009, 1014, 2417, 2180, 2526, 2839, 3015, 3098, 3117, and 2734.

(2) Senate Bill Nos. 6439 and 6050.

E. EFFICIENCIES AND NEW POLICIES

NEW SECTION. Sec. 505. (1) The secretary of transportation shall implement efficiency measures:

(a) Identified by the department, with particular focus on improved efficiency in the department's administrative services and programs; and

(b) Recommended by the joint legislative audit and review committee performance audit.

(2) The secretary shall report on the results and progress of the efficiency measures implementation. The secretary shall deliver the report to the legislative transportation committee by December 1, 1998.

NEW SECTION. Sec. 506. The department shall develop a process for expediting the acquisition of state highway rights-of-way through cooperative agreements with private entities that address the purchase of rights-of-way by the private sector and reimbursement by the department of the private entities' costs of acquisition.

F. HIGHWAY CONSTRUCTION PROJECTS

NEW SECTION. Sec. 507. A new section is added to 1997 c 457 (uncodified) to read as follows:

The department of transportation shall use appropriations for programs I and P in this act to fund projects identified in the transportation executive management system and legislative budget notes.

NEW SECTION. Sec. 508. Should the voters approve a referendum on a state-wide ballot that provides funding for transportation purposes, there is put into reserve an amount totaling forty million dollars of motor vehicle fund--state for the purposes of a state match to federal dollars for highway construction activities. These moneys may only be expended upon approval of both the legislative transportation committee and the office of financial management.

NEW SECTION. Sec. 509. 1997 c 457 s 515 is repealed.

NEW SECTION. Sec. 510. 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. 511. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Backlund; Buck; Cairnes; Chandler; DeBolt; Johnson; McCune; Radcliff; Robertson; Skinner; Sterk and Zellinsky.

Voting Yea: Representatives K. Schmidt, Hankins, Mielke, Mitchell, Backlund, Buck, Cairnes, Chandler, DeBolt, Johnson, McCune, Radcliff, Robertson, Skinner, Sterk and Zellinsky.

Voting Nay: Representatives Fisher, Constantine, Cooper, Gardner, Hatfield, Murray, O'Brien, Ogden, Romero, Scott, and Wood.

March 4, 1998

SB 6588 Prime Sponsor, Senator Winsley: Exempting movie theater snack counters from the stadium tax imposed on restaurants. Reported by Committee on Finance

MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Mason; Morris; Pennington; Thompson and Van Luven.

Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Dickerson, Boldt, Mason, Morris, Pennington, Thompson and Van Luven.

Excused: Representatives Butler, Conway, Kastama and Schoesler.

There being no objection, the bills listed on the day's supplemental committee reports under the fifth 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, the rules were suspended, and the following bills were placed on second reading:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6050,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6108,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6456,

SENATE BILL NO. 6588,

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

HOUSE BILL NO. 1308,

HOUSE BILL NO. 1977,

HOUSE BILL NO. 2293,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346,

ENGROSSED HOUSE BILL NO. 2350,

HOUSE BILL NO. 2357,

SECOND SUBSTITUTE HOUSE BILL NO. 2430,

HOUSE BILL NO. 2476,

SUBSTITUTE HOUSE BILL NO. 2523,

HOUSE BILL NO. 2534,

SUBSTITUTE HOUSE BILL NO. 2576,

HOUSE BILL NO. 2577,

HOUSE BILL NO. 2698,

HOUSE BILL NO. 2788,

HOUSE BILL NO. 2797,

HOUSE BILL NO. 2907,

HOUSE BILL NO. 2965,

SUBSTITUTE HOUSE BILL NO. 2998,

HOUSE JOINT MEMORIAL NO. 4032,

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035,

There being no objection, House Rule 13C was suspended.

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

SECOND READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 6108, by Senate Committee on Ways & Means (originally sponsored by Senator West)

Relating to fiscal matters.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

Representative Ballasiotes moved the adoption of amendment (1095) to the committee amendment:

On page 16, line 17 of the amendment, increase the general fund--state appropriation for fiscal year 1999 by $61,000. Adjust the total accordingly.

On page 19, line 36 of the amendment, strike "$1,000,000" and insert "(($1,000,000)) $1,034,000"

On page 22, after line 31 of the amendment, insert the following:

"(23) $27,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the sexual assault program within the office of crime victims advocacy."

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

The amendment to the committee amendment was adopted.

Representative Gombosky moved the adoption of amendment (1103) to the committee amendment:

On page 16, line 17, increase the general fund--state fiscal 1999 appropriation by $585,000

Adjust the total accordingly

On page 22, after line 31, insert the following:

"(23) $968,000 of the general fund--state appropriation is provided solely for the emergency food assistance program."

Representatives Gombosky and Kastama spoke in favor of the adoption of the amendment to the committee amendment.

Representative Cooke spoke against the adoption of the amendment to the committee amendment.

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

The Speaker stated the question before the House to be the adoption of amendment 1103 to the committee amendment to Engrossed Substitute Senate Bill No. 6108.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1103 to the committee amendment to Engrossed Substitute Senate Bill No. 6108, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 55, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McDonald, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 42.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.

Excused: Representative Sommers, D. - 1.

Representative Cooke moved the adoption of amendment (1085) to the committee amendment:

On page 16, line 19, increase the general fund--federal appropriation by $5,000,000

Adjust the total accordingly

On page 22, after line 31, insert the following:

"(23) $5,000,000 of the general fund--federal fiscal year 1999 appropriation is provided solely for implementing WorkFirst grants to community action agencies or other local nonprofit organizations. The grants shall be used to provide job opportunities, transitional support services, one-on-one assistance, case management, and job retention services to basic skills training program participants."

On page 59, line 34, reduce the general fund--federal appropriation by $5,000,000

Adjust the total accordingly

Representatives Cooke and Gombosky spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

Representative Clements moved the adoption of amendment (1059) to the committee amendment:

On page 30, after line 7 of the striking amendment, insert the following:

"Sec. 125. 1997 c 149 s 145 (uncodified) is amended to read as follows:

FOR THE HORSE RACING COMMISSION

Horse Racing Commission Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,828,000

The appropriation in this section is subject to the following conditions and limitations: Within the amounts appropriated in this section, the horse racing commission, in consultation with the gambling commission, shall study the impact on the major live race tracks and the horse racing and breeding industry of allowing gambling activity currently authorized in Washington by state law or under a state/tribal compact agreement to be conducted at the live race track facilities. The horse racing commission shall report to the appropriate committees of the legislature by December 15, 1998."

Renumber the remaining sections consecutively.

Representatives Clements and Wood spoke in favor of the adoption of the amendment to the committee amendment.

Representative Cody spoke against the adoption of the amendment to the committee amendment.

Division was demanded. The Speaker divided the House. The results of the division was 59-YEAS; 38-NAYS.

The amendment to the committee amendment was adopted.

With the consent of the House, amendment 1104 to the committee amendment was withdrawn.

Representative Radcliff moved the adoption of amendment (1105) to the committee amendment:

On page 16, line 17, increase the general fund--state fiscal year 1999 appropriation by $1,100,000.

Adjust the total accordingly.

Representatives Radcliff and Skinner spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

Representative Constantine moved the adoption of amendment (1096)to the committee amendment:

On page 46, line 17, increase the general fund--state appropriation for fiscal year 1999 by $533,000.

On page 46, line 19, increase the general fund--federal appropriation by $587,000.

Adjust the total accordingly.

On page 47, after line 20, insert:

"(e) $533,000 of the general fund--state appropriation for fiscal year 1999 and $587,000 of the general fund--federal appropriation are provided solely for the implementation of Second Substitute Senate Bill No. 6214 (mentally ill commitment). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse."

On page 47, line 25, increase the general fund--state appropriation for fiscal year 1999 by $2,513,000.

On page 47, line 27, increase the general fund--federal appropriation by $331,000.

Adjust the total accordingly.

On page 48, after line 36, insert:

"(g)$2,513,000 of the general fund--state appropriation for fiscal year 1999 and $331,000 of the general fund--federal appropriation are provided solely for the implementation of Second Substitute Senate Bill No. 6214 (mentally ill commitment). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse."

On page 50, line 10, increase the general fund--state appropriation for fiscal year 1999 by $196,000.

Adjust the total accordingly.

On page 50, line 6, after "limitations:" insert "(a)"

On page 50, after line 27, insert:

"(b)$196,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the implementation of Second Substitute Senate Bill No. 6214 (mentally ill commitment). If the bill

is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse."

Representatives Constantine, Costa and Dunshee spoke in favor of the adoption of the amendment to the committee amendment.

Representatives Ballasiotes, Huff and Radcliff spoke against the adoption of the amendment to the committee amendment.

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

The Speaker stated the question before the House to be the adoption of amendment 1096 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1096 to the committee amendment to Engrossed Substitute Senate Bill No. 6108, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 52, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Carrell, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Schoesler, Scott, Sommers, H., Sullivan, Talcott, Tokuda, Van Luven, Veloria, Wolfe and Wood - 45.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 52.

Excused: Representative Sommers, D. - 1.

Representative Cody moved the adoption of amendment (1090) to the committee amendment:

On page 63, line 21, increase the general fund--state appropriation for fiscal year 1999 by $431,000

On page 63, line 23, increase the general fund--federal appropriation by $815,000

Adjust the totals accordingly

On page 65, after line 23, insert the following:

"(12) $431,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to design and operate a children’s health initiative program in accordance with Title XXI of the social security act. The program shall provide medical coverage for children with special health care needs whose total countable family income is between two hundred and two hundred fifty percent of the federal poverty level. Children with special health care needs are those who have or who are at increased risk of having chronic physical, developmental, behavioral, or emotional conditions and who require health and related services of a type or an amount beyond that required by children generally."

Representatives Cody, Grant and Murray spoke in favor of the adoption of the amendment to the committee amendment.

Representatives Backlund and Benson spoke against the adoption of the amendment to the committee amendment.

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

The Speaker stated the question before the House to be the adoption of amendment 1090 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1090 to the committee amendment to Engrossed Substitute Senate Bill No. 6108, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 52, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Radcliff, Regala, Romero, Scott, Smith, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 45.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 52.

Excused: Representative Sommers, D. - 1.

With the consent of the House, amendment 1080 was withdrawn.

Representative Conway moved the adoption of amendment (1102) to the committee amendment:

On page 76, after line 2 of the striking amendment, strike all of subsection 9 and insert the following:

"(9) $464,000 of the public works administration account appropriation is provided solely for addressing a workload increase in the prevailing wage program. The amount provided in this subsection shall be used to meet the following performance objectives:

(a) The department shall process all forms within 13 working days of their receipt; and

(b) The department shall make every reasonable effort to decrease the processing time and the backlog of forms.

The amount provided in this subsection is provided on a one-time basis, and it is the intent of the legislature that ongoing funding for these purposes will not be provided in the future unless the department meets the performance objectives specified in this subsection."

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

Representative McMorris spoke against the adoption of the amendment to the committee amendment.

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

The Speaker stated the question before the House to be the adoption of amendment 1102 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1102 to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 57, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wood and Zellinsky - 40.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe and Mr. Speaker - 57.

Excused: Representative Sommers, D. - 1.

Representative Lambert moved the adoption of amendment (1100) to the committee amendment:

On page 87, after line 20, insert the following:

"Sec. 222. 1997 c 149 s 224 (uncodified) is amended to read as follows:

FOR THE SENTENCING GUIDELINES COMMISSION

General Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 714,000

General Fund Appropriation (FY 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 713,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,427,000

The appropriations in this section are subject to the following conditions and limitations: the commission shall study the feasibility and desirability of allowing certain older or physically infirm offenders to be released from institutional confinement, with the assumption that these released offenders would remain on community custody for the remainder of their length of confinement. The study shall identify: (1) groups who would be potential candidates for such a program; (2) how individual offenders in these groups could be screened to maintain public safety; (3) how these offenders, if released, could be supervised in such a way as to maintain public safety; (4) what statutory changes would be necessary to implement such a program; (5) how much savings such a program would generate; and (6) any other items the commission deems relevant. The study shall be transmitted to the chairs and ranking minority members of the appropriate policy and fiscal committees of the legislature not later than December 15, 1998."

Renumber the remaining sections consecutively.

Representatives Lambert and Ballasiotes spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendmentwas adopted.

Representative Linville moved the adoption of amendment (1100) to the committee amendment:

On page 97, line 1, increase the general fund--state fiscal year 1999 appropriation by $905,000

Adjust the total accordingly.

On page 98, after line 25, insert the following " (7) $905,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the department to establish total maximum daily load (TMDLs) assessments on water bodies across the state to meet the requirements of the memorandum of agreement between the United States environmental protection agency regarding the implementation of section 303 (d) of the federal clean water act. Of this amount, $152,000 shall be allocated to establishing TMDLs in the lower Columbia area as part of the lower Columbia steelhead initiative."

Representatives Linville and Regala spoke in favor of the adoption of the amendment to the committee amendment.

Representatives Chandler and Van Luven spoke against the adoption of the amendment to the committee amendment.

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

The Speaker stated the question before the House to be adoption of amendment 1100 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1100 to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 55, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Schmidt, K., Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 42.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.

Excused: Representative Sommers, D. - 1.

RECONSIDERATION

There being no objection, the House immediately reconsidered the vote on amendment 1102 to the committee amendment to Engrossed Substitute Senate Bill No. 6108.

The Speaker stated the question before the House to be adoption of amendment 1102 on reconsideration to the committee amendment to Engrossed Substitute Senate Bill No. 6108.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1102 on reconsideration to the committee amendment to Engrossed Substitute Senate Bill No. 6108, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 52, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Schmidt, K., Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe, Wood and Zellinsky - 45.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman and Mr. Speaker - 52.

Excused: Representative Sommers, D. - 1.

Representative Doumit moved the adoption of amendment (1093) to the committee amendment:

On page 102, line 10, increase the general fund--state appropriation for fiscal year 1998 by $950,000.

On page 102, line 12, increase the general fund--state appropriation for fiscal year 1999 by $950,000.

Adjust the total accordingly.

On page 108, after line 35, insert "(37) $950,000 of the general fund--state appropriation for fiscal year 1998 and $950,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for hiring or retaining fisheries patrol officers and wildlife agents to provide better enforcement of the fish and wildlife laws with priority given to areas where aquatic species have been listed or are proposed to be listed under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). The legislature finds that the number of commissioned officers who enforced fish and wildlife laws has decreased since the merger of the department of wildlife and the department of fisheries. The legislature finds that as a result of the state’s increased population the ratio of population to enforcement officers has increased significantly. The legislature finds that visible enforcement officers in the field act as an incentive for compliance with laws that protect fish and wildlife. The legislature therefore finds that additional fish and wildlife enforcement officers located in the field are needed to protect the state’s natural resources. It is therefore the intent of the legislature to restore the number of enforcement officers to the level prior to the merger of the department of fisheries and the department of wildlife be directing the department to deploy more enforcement officers into the field, authorizing the establishment of a volunteer reserve corps of enforcement officers, and providing funding to retain current and hire additional enforcement officers.

(38) The director of the department of fish and wildlife shall consult with the exclusive bargaining representatives of employees of the department as well as representatives of local communities for the purpose of preparing a reorganization plan that results in the redeployment of staff from central office positions to field enforcement positions. The department shall also reallocate central office positions that become vacant to field enforcement positions to the extent it is feasible. The reorganization plan shall be prepared with the assistance of the fish and wildlife commission with the objectives of improving the overall efficiency of the department and providing greater protection to fish and wildlife. The fish and wildlife commission shall report to the appropriate legislative committees by December 31, 1998, to describe the progress on the development of the redeployment plan."

Representatives Doumit, Regala and Doumit (again) spoke in favor of the adoption of the amendment to the committee amendment.

Representatives Sehlin and Clements spoke against the adoption of the amendment to the committee 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 amendment 1093 to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 54, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 43.

Voting nay: Representatives Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 54.

Excused: Representative Sommers, D. - 1.

Representative Wensman moved the adoption of amendment (1087) to the committee amendment:

On page 120, line 11, increase the general fund — state for fiscal year 1999 appropriation by $100,000

Adjust the totals accordingly

On page 128, after line 5, insert:

"(z) $100,000 of the general fund — state appropriation is provided solely for coordination of vocational student organizations including expansion of efforts of coordinators, additional student professional development activities, workshops and training, and reductions or subsidies of dues for disadvantaged students."

Representatives Wensman and Doumit spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee amendment was adopted.

With the consent of the House, amendment 1101 to the committee amendment was withdrawn.

Representative Keiser moved the adoption of amendment (1091) to the committee amendment:

On page 128, line 13, increase the general fund - state fiscal year 1999 appropriation by $30,452,000

Adjust the totals accordingly

On page 129, after line 37, insert:

"(v) An additional 4.15 certificated instructional staff units per thousand full-time equivalent students in grades 4 and 5. Any district maintaining a ratio equal to or greater than 46 certificated instructional staff per thousand full-time equivalent students in grades 4 or 5 may use allocations generated in this subsection (2)(b)(v) that are in excess of those required under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades K-8. For purposes of documenting a district’s staff ratio under this subsection (2)(b)(v), the district shall use the methodology in (2)(a)(iii)(B) of this section, using the 1997-98 school year as the base year;"

Representatives Keiser, Cole, Quall, Dunshee, Tokuda, Dickerson, Costa and Morris spoke in favor of the adoption of the amendment to the committee amendment.

Representatives Alexander, Johnson, Dyer, Wensman, Buck, Mastin, Carrell and Clement spoke against the adoption of the amendment to the committee amendment.

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

The Speaker stated the question before the House to be adoption of amendment 1091 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1091 to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 54, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McCune, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Smith, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 43.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 54.

Excused: Representative Sommers, D. - 1.

Representative H. Sommers moved the adoption of amendment (1092) to the committee amendment:

On page 153, line 30, strike "31,527" and insert "((31,527)) 31,729"

On page 154, line 6, strike "3,576" and insert "((3,576)) 3,684"

On page 154, line 7, strike "10,338" and insert "((10,338)) 10,418"

On page 157, line 7, increase the general fund--state fiscal year 1999 appropriation by $755,000.

Adjust the totals accordingly.

On page 163, line 19, increase the general fund--state fiscal year 1999 appropriation by $352,000.

Adjust the totals accordingly.

On page 164, after line 25, insert the following:

"Sec. 609. 1997 c 454 s 609 (uncodified) is amended to read as follows:

FOR WESTERN WASHINGTON UNIVERSITY

General Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 47,822,000

General Fund Appropriation (FY 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $( ((48,855,000))

49,212,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((96,677,000))

97,034,000

The appropriations in this section are subject to the following conditions and limitations:

(1) $342,000 of the general fund appropriation for fiscal year 1998 and $514,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board. These amounts are provided for the preparation of plans and for the achievement of measurable and specific improvements towards performance and accountability goals as outlined in section 601(3) of this act.

(2) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.

(3) $93,000 of the general fund appropriation for fiscal year 1998 and $93,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.

(4) $66,000 of the general fund appropriation for fiscal year 1998 and $67,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this subsection."

Renumber remaining sections consecutively and correct internal references accordingly.

Representatives H. Sommers and Mason spoke in favor of the adoption of the amendment.

Representative Carlson against the adoption of the amendment.

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

The Speaker stated the question before the House to be adoption of amendment 1097 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1092 to the committee amendment and the amendment was not adopted by the following vote: Yeas - 41, Nays - 56, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 56.

Excused: Representative Sommers, D. - 1.

Representative Sterk moved the adoption of amendment (1097) to the committee amendment:

On page 190, after line 8, insert the following:

"Sec. 905. RCW 41.45.060 and 1995 c 239 § 309 are each amended to read as follows:

(1) The state actuary shall provide actuarial valuation results based on the assumptions adopted under RCW 41.45.030.

(2) Not later than September 30, 1996, and every two years thereafter, consistent with the assumptions adopted under RCW 41.45.030, the council shall adopt both: (a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system; and (b) basic employer contribution rates for the public employees' retirement system plan I, the teachers' retirement system plan I, and the Washington state patrol retirement system to be used in the ensuing biennial period.

(3) The employer and state contribution rates adopted by the council shall be the level percentages of pay that are needed:

(a) To fully amortize the total costs of the public employees' retirement system plan I, the teachers' retirement system plan I, the law enforcement officers' and fire fighters' retirement system plan I, and the unfunded liability of the Washington state patrol retirement system not later than June 30, 2024; and

(b) To also continue to fully fund the public employees' retirement system plan II, the teachers' retirement system plans II and III, and the law enforcement officers' and fire fighters' retirement system plan II in accordance with RCW 41.40.650, 41.26.450, and this section.

(4) In adopting the rates for the for the 1999-2001 biennium, the council shall exclude from the rate calculation the following amounts:

(a) For the public employees’ retirement system plan II rate: one-half of the value of the net assets held in trust for pension benefits in for public employees’ retirement system plan II members, multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent;

(b) For the teachers’ retirement system plan II rate: one-half of the value of the net assets held in trust for pension benefits for teachers’ retirement system plan II members multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent;

(c) For the law enforcement officers’ and fire fighters retirement system plan I rate: one-half of the value of the net assets held in trust for pension benefits for law enforcement officers’ and fire fighters’ retirement system plan I members multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent;

(d) For the law enforcement officers’ and fire fighters retirement system plan II rate: one-half of the value of the net assets held in trust for pension benefits for law enforcement officers’ and fire fighters’ retirement system plan II members multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent; and

(e) For the Washington state patrol retirement system rate: one-half of the value of the net assets held in trust for pension benefits for Washington state patrol retirement system members multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent.

(5) The aggregate actuarial cost method shall be used to calculate a combined plan II and III employer contribution rate.

(((5))) (6) The council shall immediately notify the directors of the office of financial management and department of retirement systems of the state and employer contribution rates adopted.

(((6))) (7) The director of the department of retirement systems shall collect those rates adopted by the council."

Renumber remaining sections consecutively.

Representatives Sterk, Cooper and Conway spoke in favor of the adoption of the amendment.

Representative Sehlin spoke against the adoption of the amendment.

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

The Speaker stated the question before the House to be adoption of amendment 1097 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McCune, McDonald, Mielke, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sterk, Sullivan, Thomas, L., Tokuda, Veloria, Wolfe and Wood - 47.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McMorris, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sump, Talcott, Thomas, B., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 50.

Excused: Representative Sommers, D. - 1.

The Speaker stated the question before the House to be adoption of the committee amendment by the Committee on Appropriations as amended. 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 Huff, Dyer, Wensman, Smith, Mastin, Johnson, Talcott, Pennington and Dyer (again) spoke in favor of passage of the bill.

Representatives H. Sommers, Kessler, Conway, Gombosky, Kastama, Appelwick and Cody spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6108, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6108, as amended by the House, and the bill passed the House by the following vote: Yeas - 54, Nays - 43, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 54.

Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Crouse, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe and Wood - 43.

Excused: Representative Sommers, D. - 1.

Engrossed Substitute Senate Bill No. 6108, as amended by the House, having received the constitutional majority, was declared passed.

The Speaker called upon Representative Pennington to preside.

SUBSTITUTE SENATE BILL NO. 6306, by Senate Committee on Ways & Means (originally sponsored by Senators Long, Winsley, Rossi, Bauer, Roach and Anderson; by request of Joint Committee on Pension Policy)

Creating the school employees' retirement system.

The bill was read the second time.

With the consent of the House, amendments 1070, 1072, 1069 and 1068 were withdrawn.

Representative Cooper moved the adoption of amendment (1076) to the committee amendment:

On page 25, line 11 of the amendment, after "system plan II" insert "provided that, if the members are represented by a bargaining unit, the transfer will not take place until the bargaining unit which represents those members has voted to approve the transfer"

On page 25, line 18 of the amendment, after "position" insert "provided that, if the member is represented by a bargaining unit, the transfer will not take place until the bargaining unit which represents the member has voted to approve the transfer"

On page 25, line 29 of the amendment, after "plan III" insert "provided that, if the members are represented by a bargaining unit, the transfer will not take place until the bargaining unit which represents those members has voted to approve the transfer"

Representatives Cooper and Conway spoke in favor of the adoption of the amendment.

Representative Carlson spoke against the adoption of the amendment.

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

The Speaker (Representative Pennington presiding) stated the question before the House to be adoption of amendment 1076 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1076 to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 41, Nays - 56, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McCune, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cole, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 56.

Excused: Representative Sommers, D. - 1.

Representative Cooper moved the adoption of amendment (1075) to the committee amendment:

On page 26, line 23 of the amendment, after "plan III" insert ", unless the employee elects in a writing filed with the department to become a member of plan II. The employee shall have ninety days from the date he or she first became employed by an employer in an eligible position to make the election"

Representatives Cooper and Conway spoke in favor of the adoption of the amendment.

Representative Carlson spoke against the adoption of the amendment. The amendment to the committee amendment was not adopted.

Representative Carlson moved the adoption of amendment (1042) to the committee amendment:

On page 48, beginning on line 13, strike all of subsection (6) and insert the following:

"(6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 41.-- RCW (sections 311 through 313 of this act); section 309 of this act; or section 701, chapter . . ., Laws of 1998 (section 701 of this act)."

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

Representative Conway spoke against adoption of the amendment.

The amendment to the committee amendment was adopted.

Representative Conway moved the adoption of amendment (1071) to the committee amendment:

On page 84, line 1 of the amendment, after "needs," strike "and (3) transaction costs" and insert "(3) transaction costs, and (4) ensure that there is no adverse impact on other pension funds"

Representatives Conway spoke in favor of the adoption of the amendment.

Representative Carlson spoke against the adoption of the amendment.

Division was demanded. The Speaker (Representative Pennington presiding) divided the House. The results of the division was 45-YEAS; 52-NAYS.

The amendment to the committee amendment was not adopted.

Representative Carlson moved the adoption of amendment (1043) to the committee amendment:

On page 84, line 27 of the amendment, after "sections" insert "303,"

On page 84, line 32 of the amendment, after "Sections" insert "303,"

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

The amendment to the committee amendment was adopted.

Representative Conway moved the adoption of amendment (1073) to the committee amendment:

Beginning on page 1, after line 6 of the amendment, strike everything and insert the following:

"Sec. 1. RCW 41.32.8401 and 1997 c 10 s 1 are each amended to read as follows:

(1) Anyone who requests to transfer under RCW 41.32.817 before January 1, 1998, and establishes service credit for January 1998, shall have their member account increased by forty percent of:

(a) Plan II accumulated contributions as of January 1, 1996, less fifty percent of any payments made pursuant to RCW 41.50.165(2); or

(b) All amounts withdrawn after January 1, 1996, which are completely restored before January 1, 1998.

(2) A further additional payment of twenty-five percent, for a total of sixty-five percent, shall be paid subject to the conditions contained in subsection (1) of this section on July 1, 1998.

(3) Substitute teachers shall receive the additional payment provided in subsection (1) of this section if they:

(a) Establish service credit for January 1998; and

(b) Establish any service credit from July 1996 through December 1997; and

(((3))) (4) If a member who requests to transfer dies before January 1, 1998, the additional payment provided by this section shall be paid to the member's estate, or the person or persons, trust, or organization the member nominated by written designation duly executed and filed with the department.

(((4))) (5) The legislature reserves the right to modify or discontinue the right to an incentive payment under this section for any plan II members who have not previously transferred to plan III.

NEW SECTION. Sec. 2. The joint committee on pension policy shall study the policy and the costs of merging the teachers' retirement system and the Washington school employees' retirement system and shall report their findings to the legislature by January 15, 1999.

NEW SECTION. Sec. 3. The department of retirement systems shall study the ongoing costs of administering the plan III systems, ways to decrease those costs, and methods of charging members for higher-cost investment options. The department shall report to the joint committee on pension policy by September 1998.

NEW SECTION. Sec. 4. The joint committee on pension policy is directed to study the issue of creating a separate retirement system for classified school employees and report their findings to the legislature in 1999.

NEW SECTION. Sec. 5. The joint committee on pension policy is directed to study the issue of allowing membership in the Washington school employees' retirement system to be determined by bargaining units and report back to the legislature in 1999.

NEW SECTION. Sec. 6. A new section is added to chapter 41.34 RCW to read as follows:

(1) Beginning July 1, 1998, and on January 1st of even-numbered years thereafter, the member account of a person meeting the requirements of this section shall be credited by the extraordinary investment gain amount.

(2) The following persons shall be eligible for the benefit provided in subsection (1) of this section:

(a) Any member who earned service credit during the twelve-month period from September 1st to August 30th immediately preceding the distribution and had a balance of at least one thousand dollars in their member account on August 30th of the year immediately preceding the distribution; or

(b) Any person in receipt of a benefit pursuant to RCW 41.32.875; or

(i) Completed ten service credit years; or

(ii) Completed five service credit years, including twelve service months after attaining age fifty-four; or

(iii) Completed five service credit years by July 1, 1996, under plan II and who transferred to plan III under RCW 41.32.817; or

(d) Any person who had a balance of at least one thousand dollars in their member account on August 30th of the year immediately preceding the distribution and who:

(i) Completed ten service credit years; or

(ii) Completed five service credit years, including twelve service months after attaining age fifty-four; or

(iii) Completed five service credit years by July 1, 1996, under plan II and who transferred to plan III under RCW 41.32.817.

(3) The extraordinary investment gain amount shall be calculated as follows:

(a) One-half of the value of the net assets held in trust for pension benefits in the teachers' retirement system combined plan II and III fund at the close of the previous state fiscal year not including the amount attributable to member accounts;

(b) Multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent;

(i) The sum of the service credit on August 30th of the previous year of all persons eligible for the benefit provided in subsection (1) of this section; to,

(ii) The sum of the service credit on August 30th of the previous year of:

(A) All persons eligible for the benefit provided in subsection (1) of this section; and

(B) Any person who earned service credit in plan II during the twelve-month period from September 1st to August 30th immediately preceding the distribution; and

(D) Any person with five or more years of service in plan II;

(d) Divided proportionally among persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on August 30th of the previous year.

(4) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive this distribution not granted prior to the amend or repeal of this section.

Sec. 7. RCW 41.45.061 and 1997 c 10 s 2 are each amended to read as follows:

(1) The required contribution rate for members of the plan II teachers' retirement system shall be fixed at the rates in effect on July 1, ((1996)) 1998, subject to the following:

(a) Beginning September 1, ((1997)) 1999, except as provided in (b) of this subsection, the employee contribution rate shall not exceed the employer plan II and III rates adopted under RCW 41.45.060 and 41.45.070 for the teachers' retirement system;

(b) In addition, the employee contribution rate for plan II shall be increased by fifty percent of the contribution rate increase caused by any plan II benefit increase passed after July 1, ((1996)) 1998;

(c) In addition, the employee contribution rate for plan II shall not be increased as a result of any distributions pursuant to RCW 41.32.8401.

(2) The required plan II and III contribution rates for employers shall be adopted in the manner described in RCW 41.45.060.

Sec. 8. RCW 41.45.070 and 1995 c 239 s 310 are each amended to read as follows:

(1) In addition to the basic employer contribution rate established in RCW 41.45.060, the department shall also charge employers of public employees' retirement system, teachers' retirement system, or Washington state patrol retirement system members an additional supplemental rate to pay for the cost of additional benefits, if any, granted to members of those systems. Except as provided in subsection (6) of this section, the supplemental contribution rates required by this section shall be calculated by the state actuary and shall be charged regardless of language to the contrary contained in the statute which authorizes additional benefits.

(2) In addition to the basic state contribution rate established in RCW 41.45.060 for the law enforcement officers' and fire fighters' retirement system the department shall also establish a supplemental rate to pay for the cost of additional benefits, if any, granted to members of the law enforcement officers' and fire fighters' retirement system. This supplemental rate shall be calculated by the state actuary and the state treasurer shall transfer the additional required contributions regardless of language to the contrary contained in the statute which authorizes the additional benefits.

(3) The supplemental rate charged under this section to fund benefit increases provided to active members of the public employees' retirement system plan I, the teachers' retirement system plan I, the law enforcement officers' and fire fighters' retirement system plan I, and Washington state patrol retirement system, shall be calculated as the level percentage of all members' pay needed to fund the cost of the benefit not later than June 30, 2024.

(4) The supplemental rate charged under this section to fund benefit increases provided to active and retired members of the public employees' retirement system plan II, the teachers' retirement system plan II and plan III, or the law enforcement officers' and fire fighters' retirement system plan II, shall be calculated as the level percentage of all members' pay needed to fund the cost of the benefit, as calculated under RCW 41.40.650((, 41.32.775,)) or 41.26.450, respectively.

(5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current retirees shall be calculated as the percentage of pay needed to fund the adjustments as they are paid to the retirees. The supplemental rate charged under this section to fund automatic postretirement adjustments for active or retired members of the public employees' retirement system plan I and the teachers' retirement system plan I shall be calculated as the level percentage of pay needed to fund the cost of the automatic adjustments not later than June 30, 2024.

(6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to RCW 41.32.8401 and section 6 of this act.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.

Representatives Conway, Cooper and Wolfe spoke in favor of the adoption of the amendment.

Representative Carlson spoke against the adoption of the amendment.

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

The Speaker (Representative Pennington presiding) stated the question to be adoption of amendment 1073 to the committee amendment.

ROLL CALL

The Clerk called the roll on the adoption of amendment 1073 to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 55, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Butler, Cairnes, Chopp, Cody, Conway, Cooper, Costa, DeBolt, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McDonald, Morris, Murray, O'Brien, Poulsen, Regala, Robertson, Romero, Scott, Sterk, Sullivan, Thomas, L., Tokuda, Veloria, Wolfe and Wood - 42.

Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Carlson, Carrell, Chandler, Clements, Cole, Constantine, Cooke, Crouse, Delvin, Dyer, Fisher, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McMorris, Mielke, Mitchell, Mulliken, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, H., Sump, Talcott, Thomas, B., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.

Excused: Representative Sommers, D. - 1.

The Speaker (Representative Pennington presiding) stated the question before the House to be adoption of the committee amendment by the Committee on Appropriations as amended. 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 Carlson and H. Sommers spoke in favor of passage of the bill.

Representatives Wolfe and Conway spoke against passage of the bill.

The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6306, as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6306, as amended by the House, and the bill passed the House by the following vote: Yeas - 64, Nays - 33, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Carlson, Carrell, Chandler, Clements, Cole, Cooke, Crouse, DeBolt, Doumit, Dunn, Dyer, Fisher, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lantz, Linville, Mastin, McCune, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, H., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 64.

Voting nay: Representatives Butler, Cairnes, Chopp, Cody, Constantine, Conway, Cooper, Costa, Delvin, Dickerson, Dunshee, Eickmeyer, Gardner, Gombosky, Hatfield, Keiser, Kenney, Kessler, Lisk, Mason, McDonald, Murray, O'Brien, Robertson, Romero, Scott, Sterk, Sullivan, Tokuda, Van Luven, Veloria, Wolfe and Wood - 33.

Excused: Representative Sommers, D. - 1.

Substitute Senate Bill No. 6306, as amended by the House, having received the constitutional majority, was declared passed.

MESSAGES FROM THE SENATE

March 4, 1998

Mr. Speaker:

The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 1211,

HOUSE BILL NO. 1248,

HOUSE BILL NO. 1250,

SUBSTITUTE HOUSE BILL NO. 1253,

SECOND SUBSTITUTE HOUSE BILL NO. 1501,

SUBSTITUTE HOUSE BILL NO. 1971,

ENGROSSED HOUSE BILL NO. 2302,

HOUSE BILL NO. 2309,

HOUSE BILL NO. 2355,

HOUSE BILL NO. 2402,

HOUSE BILL NO. 2429,

HOUSE BILL NO. 2436,

SUBSTITUTE HOUSE BILL NO. 2431,

SUBSTITUTE HOUSE BILL NO. 2452,

ENGROSSED HOUSE BILL NO. 2465,

HOUSE BILL NO. 2537,

HOUSE BILL NO. 2598,

HOUSE BILL NO. 2628,

HOUSE BILL NO. 2663,

SUBSTITUTE HOUSE BILL NO. 2680,

ENGROSSED HOUSE BILL NO. 2707,

HOUSE BILL NO. 2732,

HOUSE BILL NO. 2784,

SUBSTITUTE HOUSE BILL NO. 2790,

SUBSTITUTE HOUSE BILL NO. 2822,

HOUSE BILL NO. 2837,

SUBSTITUTE HOUSE BILL NO. 2973,

HOUSE BILL NO. 2990,

HOUSE BILL NO. 3053,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary

March 4, 1998

Mr. Speaker:

The President has signed:

SUBSTITUTE SENATE BILL NO. 5517,

SECOND SUBSTITUTE SENATE BILL NO. 5727,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5936,

SENATE BILL NO. 6169,

SENATE BILL NO. 6223,

SUBSTITUTE SENATE BILL NO. 6258,

SUBSTITUTE SENATE BILL NO. 6297,

SENATE BILL NO. 6299,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6323,

SENATE BILL NO. 6353,

SENATE BILL NO. 6398,

SENATE BILL NO. 6441,

SUBSTITUTE SENATE BILL NO. 6535,

SENATE BILL NO. 6604,

SUBSTITUTE SENATE BILL NO. 6667,

and the same are herewith transmitted.

Mike O'Connell, Secretary

The Speaker assumed the chair.

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

SUBSTITUTE SENATE BILL NO. 5517,

SECOND SUBSTITUTE SENATE BILL NO. 5727,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5936,

SENATE BILL NO. 6169,

SENATE BILL NO. 6223,

SUBSTITUTE SENATE BILL NO. 6258,

SUBSTITUTE SENATE BILL NO. 6297,

SENATE BILL NO. 6299,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6323,

SENATE BILL NO. 6353,

SENATE BILL NO. 6398,

SENATE BILL NO. 6441,

SUBSTITUTE SENATE BILL NO. 6535,

SENATE BILL NO. 6604,

SUBSTITUTE SENATE BILL NO. 6667,

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

MOTION

On motion of Representative Robertson, the House adjourned until 9:30 a.m., Thursday, March 5, 1998.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker