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FIFTY THIRD DAY
MORNING SESSION
House Chamber, Olympia, Thursday, March 5, 1998
The House was called to order at 9:30 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 Ben Mustin and Audra Ludwig. Prayer was offered by Bishop Elias Galvan, Pacific Northwest Conference, United Methodist Church.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTIONS
HOUSE RESOLUTION NO. 98-4713, by Representatives Wolfe, Alexander, Romero, DeBolt, Johnson and Dunn
WHEREAS, Father Arnold John Fox, OSB, is a lifelong resident of Washington, and one of the oldest priests in the Archdiocese of Seattle; and
WHEREAS, He has been an example of leadership and devotion during more than fifty-eight combined years of service to the Parish of Immaculate Conception in Arlington, Visitation Parish in Tacoma, Queen of Angels Parish in Port Angeles, and Assumption Parish in Seattle; and
WHEREAS, Father Fox was a teacher and administrator of numerous young men at Saint Martin's School and College from 1936 to 1940; and
WHEREAS, He has provided spiritual guidance and instruction to many community leaders, including former Governor John Spellman and his family; and
WHEREAS, Father Fox has personally raised thousands of dollars for the benefit of the poor, for education, the arts, and many other deserving causes for the citizens of Washington; and
WHEREAS, He has been a respected member of the monastic community at Saint Martin's Abbey and College in Lacey since 1927; and
WHEREAS, This man of God has remained faithful to his vocation, despite the tremendous change the Roman Catholic Church has seen during his service to his monastic community and the residents of this state; and
WHEREAS, Father Fox will mark his diamond jubilee on March 7, 1998, along with his ninety-fifth birthday; and
WHEREAS, This diamond jubilee will be celebrated at Saint Martin's College on the afternoon of March 8, 1998; and
WHEREAS, Father Fox is an outstanding example for all Washingtonians through his unselfish service to those in need of education, guidance, or support;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State House of Representatives hereby recognize and honor Father Arnold John Fox for his lifetime of commitment and tenacious dedication to the spiritual health of the people of Washington; and
BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives immediately transmit a copy of this resolution to Father Arnold John Fox and the members of the monastic community at Saint Martin's Abbey.
Representative Wolfe moved adoption of the resolution.
Representatives Wolfe, Wensman, Butler, Alexander and Romero spoke in favor of the adoption of the resolution.
House Resolution No. 4713 was adopted.
The Speaker (Representative Pennington presiding) recognized Eddie Maiava, House Intern Coordinator and the Session 1998 interns. Mr. Maiava was soon to leave the House and the State of Washington to become Admissions Coordinator at the University of Arizona.
HOUSE RESOLUTION NO. 98-4694, by Representatives Johnson and Eickmeyer
WHEREAS, Radio station KMAS-AM was awarded the National Association of Broadcasters Crystal Radio Award on April 8, 1997; and
WHEREAS, The National Association of Broadcasters Crystal Radio Award, established in 1987, recognizes radio stations' efforts to improve the quality of life in their surrounding communities; and
WHEREAS, Ten radio stations nationwide were selected from a pool of forty-five finalists; and
WHEREAS, KMAS-AM serves the City of Shelton and surrounding Mason County; and
WHEREAS, KMAS-AM's philosophy is to be connected to the community twenty-four hours a day, seven days a week; and
WHEREAS, In emergency situations, such as major floods and storms, KMAS-AM kept citizens informed by offering up-to-date weather reports, emergency instructions, emergency shelter locations, and current news; and
WHEREAS, KMAS-AM helped to raise ninety thousand dollars for the Kneeland Park Renovation Project by going on-air to seek support from the community and by holding a Swing-a-Thon, in which KMAS-AM's radio personalities were sponsored by local businesses for the number of hours they could swing; and
WHEREAS, When the Kneeland Park Renovation Project began, KMAS-AM committed four staff members to assist in the intensive one-week construction process and broadcast live reports from the park three times daily to keep the community informed; and
WHEREAS, KMAS-AM served local community members by raising money to assist the victims of the severe storms of 1996 and 1997; and
WHEREAS, KMAS-AM has also made significant contributions to the American Red Cross, March of Dimes, Homeless Shelter, and local food and clothing banks; and
WHEREAS, In 1996 alone, KMAS-AM aired twenty-two thousand four hundred sixty-four public service announcements, benefiting over one hundred eighty-one community organizations and public agencies; and
WHEREAS, KMAS-AM has accomplished all of these feats with a small staff, consisting of ten full-time and two part-time employees;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives salute KMAS-AM, "The Voice of Mason County," for performing invaluable service to the community and for receiving the 1997 National Association of Broadcasters Crystal Radio Award; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to KMAS-AM owners Harold and Marian Greenburg and to their team of radio professionals.
Representative Johnson moved adoption of the resolution.
Representatives Johnson and Eickmeyer spoke in favor of the adoption of the resolution.
House Resolution No. 4694 was adopted.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SENATE BILL NO. 6325, by Senators Oke, B. Sheldon and T. Sheldon
Authorizing additional state ferry vessels.
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 Huff, Fisher, Lantz and Mitchell spoke in favor of passage of the bill.
MOTION
On motion by Representative Kessler, Representative Murray was excused.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 6325.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6325 and the bill passed the House by the following vote: Yeas - 88, Nays - 9, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, Delvin, Dickerson, Doumit, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., 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 - 88.
Voting nay: Representatives Boldt, DeBolt, Dunn, Dunshee, Koster, Lambert, Mielke, Schoesler and Sherstad - 9.
Excused: Representative Murray - 1.
Engrossed Senate Bill No. 6325, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6455, by Senate Committee on Ways & Means (originally sponsored by Senators Strannigan, West, Anderson, Fraser and Spanel; by request of Governor Locke)
Adopting a supplemental capital budget.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Capital Budget was before the House for purpose of amendments. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)
Representative Sehlin moved the adoption of amendment (1054) to the committee amendment:
On page 1, line 7, strike section 1
Renumber the remaining sections consecutively and correct the title and internal references accordingly.
Representatives Sehlin and Ogden spoke in favor of the adoption of the amendment.
The amendment to the committee amendment was adopted.
Representative Sehlin moved the adoption of amendment (1053) to the committee amendment:
On page 4, beginning on line 1 of the amendment, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 1. A new section is added to 1997 c 235 to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Year 2000 building, facility, and equipment date conversion (99-1-001)
The office of financial management shall allocate appropriations to be used by state agencies and universities in performing Year 2000 assessments of facility management systems, control systems, and other computer systems related to capital facilities and equipment. Funds available in this appropriation may also be allocated for corrective measures on a priority basis to address critical system repairs. As used in this section, "CTC Cap Proj Acct" means Community and Technical Colleges Capital Projects Account.
Appropriation:
CEP & RI Acct--State. . . . . . . . .. . . . . . .. . . . . . .. . . . . .$ 500,000
Thurston County Cap Fac Acct--State. . .. . . . . . .. . . . . .$ 60,000
TESC Cap Proj Acct--State. . . . .. . . . . . .. . . . . . .. . . . . .$ 50,000
UW Bldg Acct--State. . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 100,000
CWU Cap Proj Acct--State. . . . .. . . . . . .. . . . . . .. . . . . .$ 50,000
WSU Bldg Acct--State. .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 100,000
EWU Cap Proj Acct--State. . . . .. . . . . . .. . . . . . .. . . . . .$ 50,000
WWU Cap Proj Acct--State. . . . . . . . . . .. . . . . . .. . . . . .$ 180,000
CTC Cap Proj Acct--State. . . . . .. . . . . . .. . . . . . .. . . . . .$ 100,000
St Bldg Constr Acct--State. . . . . . . . . . . .. . . . . . .. . . . . .$ 1,866,000
Subtotal Appropriation. .. . . . . . .. . . . . . .. . . . . .$ 3,056,000
Prior Biennia (Expenditures). . . .. . . . . . .. . . . . . .. . . . . .$ 0
Future Biennia (Projected Costs). . . . . . .. . . . . . .. . . . . .$ 0
TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 3,056,000"
Representatives Sehlin and Ogden spoke in favor of the adoption of the 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 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 Sehlin and Ogden 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. 6455, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6455, as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, 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, 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, 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 - 95.
Voting nay: Representatives Dickerson and Dunshee - 2.
Excused: Representative Murray - 1.
Substitute Senate Bill No. 6455, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6539, by Senators Schow and Heavey; by request of Liquor Control Board
Making technical changes regarding designations for liquor licenses.
The bill was read the second time.
Representative McMorris moved the adoption of amendment (1106):
On page 15, after line 10, insert the following:
"Sec. 2. RCW 66.24.580 and 1996 c 224 s 2 are each amended to read as follows:
(1) A public house license allows the licensee:
(a) To annually manufacture no less than two hundred fifty gallons and no more than two thousand four hundred barrels of beer on the licensed premises;
(b) To sell product, that is produced on the licensed premises, at retail on the licensed premises for consumption on the licensed premises;
(c) To sell beer or wine not of its own manufacture for consumption on the licensed premises if the beer or wine has been purchased from a licensed beer or wine ((wholesaler)) distributor;
(d) To hold other classes of retail licenses at other locations without being considered in violation of RCW 66.28.010;
(e) To apply for and, if qualified and upon the payment of the appropriate fee, be licensed as a ((class H)) spirits, beer, and wine restaurant to do business at the same location. This fee is in addition to the fee charged for the basic public house license.
(2) While the holder of a public house license is not to be considered in violation of the prohibitions of ownership or interest in a retail license in RCW 66.28.010, the remainder of RCW 66.28.010 applies to such licensees.
(3) A public house licensee must pay all applicable taxes on production as are required by law, and all appropriate taxes must be paid for any product sold at retail on the licensed premises.
(4) The employees of the licensee must comply with the provisions of mandatory server training in RCW 66.20.300 through 66.20.350.
(5) The holder of a public house license may not hold a ((wholesaler's)) distributor’s or importer's license, act as the agent of another manufacturer, ((wholesaler)) distributor, or importer, or hold a brewery or winery license.
(6) The annual license fee for a public house is one thousand dollars.
(7) The holder of a public house license may hold other licenses at other locations if the locations are approved by the board.
(8) Existing holders of annual retail liquor licenses may apply for and, if qualified, be granted a public house license at one or more of their existing liquor licensed locations without discontinuing business during the application or construction stages."
Renumber the remaining sections consecutively and correct any internal references accordingly and correct the title.
Representatives McMorris and Conway 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 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. 6539, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6539, 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, 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 Murray - 1.
Senate Bill No. 6539, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6574, by Senate Committee on Education (originally sponsored by Senators Johnson, Stevens, Wood, Winsley, Deccio, Schow, Oke, McCaslin, Rossi, Hochstatter, Swecker, Sellar, Morton, McDonald and Roach)
Authorizing learning materials to be loaned to private school students.
The bill was read the second time.
Representative Keiser moved the adoption of amendment (1031):
On page 2, line 15, after "materials." insert:
"(2) Before lending learning materials to a private school student, the local school district shall notify all other school districts in the state that the learning materials are available.
(3) The local school district shall not lend learning materials to a private school student if another school district has requested the same learning materials for the purpose of lending such learning materials to a public school student."
Renumber the remaining subsections consecutively.
Representatives Keiser, Cole, Dunshee, Cole (again) and Quall spoke in favor of the adoption of the amendment.
Representatives Johnson, Smith, Cooke, Hickel, Carrell and Hickel (again) 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 before the House to be adoption of amendment 1031 to Substitute Senate Bill No. 6574.
ROLL CALL
The Clerk called the roll on the adoption of amendment 1031 to Substitute Senate Bill No. 6574 and the amendment was not adopted by the following vote: Yeas - 46, Nays - 51, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Boldt, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Schmidt, K., Scott, Sommers, D., Sommers, H., Talcott, Tokuda, Veloria, Wolfe, Wood and Zellinsky - 46.
Voting nay: Representatives Backlund, Ballasiotes, Benson, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, 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, Sullivan, Sump, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman and Mr. Speaker - 51.
Excused: Representative Murray - 1.
With the consent of the House, amendment 1079 was withdrawn.
Representative Linville moved the adoption of amendment (1099):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature, in fulfilling its role as stated in the state Constitution, namely, that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders...", finds that families with children enrolled in approved private schools are an integral part of fulfilling the state's educational mission.
The legislature further recognizes that a significant percentage of students attend approved private schools and frequently move between the state's publicly and privately funded schools. The parents of these children are subject to taxes and levies to fulfill the education provided through our common schools. In addition, these parents pay for student learning materials their child uses in the approved private school that would be free of additional charge in the common school. In acknowledgement of this additional burden and in recognizing the role of our state's approved private schools in helping to fulfill the constitutional mandate to provide a basic education to our children, the legislature recognizes the need for equalization. The sole purpose of this act is to assist children, not schools.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.195 RCW to read as follows:
Students attending state-approved private schools may receive loaned learning materials from the local school district in which the private school is located. To provide these materials to students, approved private schools shall submit annual requests for learning materials to the local school district in which the private school is located. The local school district may provide through a loan agreement the learning materials in accordance with the following guidelines:
(1) Learning materials support shall not be limited, in any way, based on a student's economic status.
(2) Learning materials eligible for loan shall be limited to textbooks.
(3) The local school district shall not loan learning materials that are not available to the school district at the time of the request.
(4) The local school district shall not loan learning materials that the local school district needs to educate public school students at the time of the request.
(5) Only textbooks listed on the official adoption list of the local school district are eligible.
(6) Loaned learning materials shall neither promote nor deter sectarian or religious activities of the private school.
(7) No approved private school may be required to participate in learning materials support provided by the state.
(8) Only students who attend state-approved private schools are eligible for learning materials support.
(9) Student learning materials designed for religious instruction are not eligible for learning materials support.
(10) No laws or rules may be added beyond those already in existence as of January 1, 1998, that have a direct or indirect impact on the autonomy of the private school as a result of the student's receipt of learning materials support.
(11) The office of the superintendent of public instruction shall adopt guidelines for effective implementation of this section.
(12) To assist the state, the office of the superintendent of public instruction may identify currently existing, nonsectarian, state-wide private school organizations to serve as the liaison with the state for eligible private schools whose students are receiving or are interested in receiving loaned learning materials.
(13) Student learning materials loaned to students attending private schools under this section shall, at all times, be considered the property of the local school district.
NEW SECTION. Sec. 3. This act takes effect September 1, 1998.
NEW SECTION. Sec. 4. 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."
Representative Linville spoke in favor of the adoption of the amendment.
Representative Johnson spoke against the adoption of the amendment.
The amendment 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.
Representative Johnson spoke in favor of passage of the bill.
Representatives Cole, Keiser and Linville 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. 6574.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6574, and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.
Voting yea: 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, Mason, 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, B., Thomas, L., Thompson, Van Luven, Zellinsky and Mr. Speaker - 58.
Voting nay: 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, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wensman, Wolfe and Wood - 40.
Substitute Senate Bill No. 6574, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6727, by Senate Committee on Ways & Means (originally sponsored by Senators West, Wood, Hale, Kohl, Winsley, Prince, B. Sheldon, McDonald, Brown, Bauer, Rasmussen and Oke)
Modifying the savings incentive and education savings accounts.
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, 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 Huff 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. 6727, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6727, as amended by the House, 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.
Substitute Senate Bill No. 6727, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6746, by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senator Winsley)
Regulating purchasing of insurance services.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Financial Institutions and Insurance was not adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)
With the consent of the House, amendment 1051 was withdrawn.
Representative L. Thomas moved the adoption of amendment (1086):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Any person, firm, partnership, corporation, or association promising, in exchange for dues, assessments, or periodic or lump-sum payments, to furnish members or subscribers with assistance in matters relating to trip cancellation, bail bond service or any accident, sickness, or death insurance benefit program must:
(a) Have a certificate of authority, issued by the insurance commissioner, authorizing the person, firm, partnership, corporation, or association to sell that coverage in this state; or
(b) Purchase the service or insurance from a company that holds a certificate of authority, issued by the insurance commissioner, authorizing the company to sell that coverage in this state. If coverage cannot be procured from an authorized insurer holding a certificate of authority issued by the insurance commissioner, insurance may be procured from an unauthorized insurer subject to chapter 48.15 RCW.
(2) Travel or automobile related products or assistance including but not limited to community traffic safety service, travel and touring service, theft or reward service, map service, towing service, emergency road service, lockout or lost key service, reimbursement of emergency expenses due to a vehicle disabling accident, or legal fee reimbursement service in the defense of traffic offenses shall not be considered to be insurance for the purposes of Title 48 RCW.
(3) Violation of this section is subject to the enforcement provisions of RCW 48.02.080 and to the hearing and appeal provisions of chapter 48.04 RCW."
Representative L. Thomas 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 L. Thomas and Wolfe 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. 6746, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6746, as amended by the House, 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.
Substitute Senate Bill No. 6746, as amended by the House, having received the constitutional majority, was declared passed.
RESOLUTION
HOUSE FLOOR RESOLUTION NO. 98-4718, by Representatives Mitchell, Robertson, Hickel, D. Schmidt, D. Sommers, L. Thomas, Butler, Alexander, Sterk and Dunn
WHEREAS, The 448th Civil Affairs Battalion, a special operations army reserve unit located at Fort Lewis, is made up of citizen soldiers from the state of Washington, twenty-seven of whom recently returned from service in the former Yugoslavia; and
WHEREAS, The mission of the 448th Civil Affairs Battalion is of long-term importance that does not end with victory on the battlefield, but continues through the restructuring of civilian and governmental institutions, rebuilding of societies, resettling the displaced, and helping restore essential services, such as medical, infrastructure and government functions in areas devastated by war, insurrection, and natural disaster; and
WHEREAS, The 448th Civil Affairs Battalion includes two citizen soldiers who recently completed the grueling soldier recognition board and are now preparing for the United States Army's Civil Affairs and Psychological Operations Board to compete with other Special Operations Soldiers nation-wide; and
WHEREAS, Specialist Jim Hutchinson, a resident of Federal Way employed by the Washington State House of Representatives as a Legislative Aide to Representative Maryann Mitchell, scored the highest among Psychological Operations and Civil Affairs soldiers, advancing to the next level of consideration for Special Operations Command Soldier of the Year; and
WHEREAS, Sergeant Nicholas Benzschawel, a former Army Ranger, veteran of Panama, resident of Kent and member of the Seattle Fire Department, bested his fellow noncommissioned officer competitors by scoring one-third more than his nearest rival for consideration as United States Army Special Operations Noncommissioned Officer of the Year; and
WHEREAS, The Washington State House of Representatives extends best wishes to Specialist Sergeant Hutchinson and Specialist Sergeant Benzschawel as they advance to the next level of competition to be held at Fort Bragg, North Carolina in July;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of this Fifty-sixth Legislature honor Specialist Jim Hutchinson and Sergeant Nicholas Benzschawel for their outstanding service to Washington State and the nation and for their accomplishments as Soldier and Noncommissioned Officer of the Year; and
BE IT FURTHER RESOLVED, That a copy of this Resolution be transmitted by the Chief Clerk of the House of Representatives to the Commander of the 448th Civil Affairs Battalion at Fort Lewis, Washington.
Representative Mitchell moved adoption of the resolution.
Representatives Mitchell, Robertson and Smith spoke in favor of the adoption of the resolution.
House Resolution No. 4718 was adopted.
ENGROSSED SENATE BILL NO. 6305, by Senators Roach, Long, Rossi, Fraser, Oke and Rasmussen; by request of Joint Committee on Pension Policy
Providing a death benefit for certain general authority police officers.
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.)
Representative Carlson moved the adoption of amendment (1110):
On page 1, line 7, strike "Plan I" and insert "Provisions Applicable to Plan I and Plan II"
Representatives Carlson and Keiser 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 Carlson, H. Sommers and O'Brien 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. 6305, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6305, as amended by the House, 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.
Engrossed Senate Bill No. 6305, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6751, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Wojahn, Wood, Franklin, Benton, Thibaudeau, Oke and Winsley)
Ensuring a choice of service and residential options for citizens with developmental disabilities.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Children & Family Services 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 Cooke, Tokuda, Dyer and Boldt 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. 6751, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6751, as amended by the House, 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.
Substitute Senate Bill No. 6751, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of Senate Bill No. 6699 and the bill held its place on second reading.
SUBSTITUTE SENATE BILL NO. 5532, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen and Winsley)
Requiring mediation before appeal of land-use decisions involving conditional use permits.
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 (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5532.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5532 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.
Substitute Senate Bill No. 5532, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6161, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Newhouse, Rasmussen and Anderson)
Creating a dairy nutrient management program.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology was not adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)
With the consent of the House, amendment 1113 was withdrawn.
Representative Koster moved the adoption of amendment (1065):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.64.005 and 1993 c 221 s 1 are each amended to read as follows:
The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy ((waste)) nutrients that affect((s)) the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions.
The legislature finds that federal regulations require a permit program for dairies (([with])) with over seven hundred head of mature cows and, other specified dairy farms that directly discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work has been ongoing over a period of time and that the intent of this chapter is to take the consensus that has been developed and place it into statutory form.
It is also the intent of this chapter to establish an inspection and technical assistance program for dairy farms to address the discharge of pollution to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a committee composed of industry, agency, and other representatives. Furthermore, it is the objective of this chapter to maintain the administration of the water quality program as it relates to dairy operations at the state level.
It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality.
Sec. 2. RCW 90.64.010 and 1993 c 221 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program.
(2) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.
(3) "Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that causes an overflow from a required waste retention structure.
(4) "Certification" means:
(a) The acknowledgment by a local conservation district that a dairy producer has constructed or otherwise put in place the elements necessary to implement his or her dairy nutrient management plan; and
(b) The acknowledgment by a dairy producer that he or she is managing dairy nutrients as specified in his or her approved dairy nutrient management plan.
(5) "Chronic" means a series of wet weather events that precludes the proper operation of a dairy nutrient management system that is designed for the current herd size.
(6) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW.
(((2))) (7) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW.
(((3))) (8) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW ((90.64.030)) 90.64.020 or meets the following criteria:
(a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or
(b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either:
(i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or
(ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.
(((4))) (9) "Dairy animal feeding operation" means a lot or facility where the following conditions are met:
(a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve-month period; and
(b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes.
(((5))) (10) "Dairy farm" means any farm that is licensed to produce milk under chapter 15.36 RCW.
(11) "Dairy nutrient" means any organic waste produced by dairy cows or a dairy farm operation.
(12) "Dairy nutrient management plan" means a plan meeting the requirements established under section 6 of this act.
(13) "Dairy nutrient management technical assistance team" means one or more professional engineers and local conservation district employees convened to serve one of four distinct geographic areas in the state.
(14) "Dairy producer" means a person who owns or operates a dairy farm.
(15) "Department" means the department of ecology under chapter 43.21A RCW.
(((6))) (16) "Director" means the director of the department of ecology, or his or her designee.
(17) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the dairy. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(18) "Violation" means the following acts or omissions:
(a) A discharge of pollutants into the waters of the state, except those discharges that are due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec. 122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41, and that occur when:
(i) A dairy producer has a current national pollutant discharge elimination system permit with a wastewater system designed, operated, and maintained for the current herd size and that contains all process-generated wastewater plus average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twenty-four hour rainfall event for that specific location, and the dairy producer has complied with all permit conditions, including dairy nutrient management plan conditions for appropriate land application practices; or
(ii) A dairy producer does not have a national pollutant discharge elimination system permit, but has complied with all of the elements of a dairy nutrient management plan that: Prevents the discharge of pollutants to waters of the state, is commensurate with the dairy producer's current herd size, and is approved and certified under section 6 of this act;
(b) Failure to register as required under section 3 of this act; or
(c) The lack of an approved dairy nutrient management plan by July 1, 2002; or
(d) The lack of a certified dairy nutrient management plan for a dairy farm after December 31, 2003.
NEW SECTION. Sec. 3. (1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the department within sixty days of licensing. The purpose of registration is to provide and update baseline information for the dairy nutrient management program.
(2) To facilitate registration, the department shall obtain from the food safety and animal health division of the department of agriculture a current list of all licensed dairy producers in the state and mail a registration form to each licensed dairy producer no later than July 15, 1998.
(3) At a minimum, the form shall require the following information as of the date the form is completed:
(a) The name and address of the operator of the dairy farm;
(b) The name and address of the dairy farm;
(c) The telephone number of the dairy farm;
(d) The number of cows in the dairy farm;
(e) The number of young stock in the dairy farm;
(f) The number of acres owned and rented in the dairy farm;
(g) Whether the dairy producer, to the best of his or her knowledge, has a plan for managing dairy nutrient discharges that is commensurate with the size of his or her herd, and whether the plan is being fully implemented; and
(h) If the fields where dairy nutrients are being applied belong to someone other than the dairy producer whose farm operation generated the nutrients, the name, address, and telephone number of the owners of the property accepting the dairy nutrients.
(4) In the mailing to dairy producers containing the registration form, the department shall also provide clear and comprehensive information regarding the requirements of this chapter.
(5) The department shall require the registrant to provide only information that is not already available from other sources accessible to the department, such as dairy licensing information.
NEW SECTION. Sec. 4. Before October 1, 1998, the department and conservation commission shall jointly sponsor and hold an educational workshop for conservation districts from around the state. The purpose of the workshop is to inform local conservation districts about the requirements of this chapter, and for local conservation districts, the conservation commission, and the department to clearly understand their respective roles and responsibilities in carrying out these requirements.
NEW SECTION. Sec. 5. (1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to:
(a) Survey for evidence of violations;
(b) Identify corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards;
(c) Monitor the development and implementation of dairy nutrient management plans; and
(d) Identify dairy producers who would benefit from technical assistance programs.
(2) Local conservation district employees may, at their discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced inspections.
(3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all licensed dairy farms shall be inspected once within two years of the start of this program. The department, in consultation with the advisory and oversight committee established in section 8 of this act, shall develop performance-based criteria to determine the frequency of inspections.
(4) Dairy farms shall be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:
(a) Existence or implementation of a dairy nutrient management plan;
(b) Proximity to impaired waters of the state; and
(c) Proximity to all other waters of the state. The criteria developed to implement this subsection (4) shall be reviewed by the advisory and oversight committee.
NEW SECTION. Sec. 6. (1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardless of size, shall prepare a dairy nutrient management plan. If at any time a dairy nutrient management plan fails to prevent the discharge of pollutants to waters of the state, it shall be required to be updated.
(2) By November 1, 1998, the conservation commission, in conjunction with the advisory and oversight committee established under section 8 of this act shall develop a document clearly describing the elements that a dairy nutrient management plan must contain to gain local conservation district approval.
(3) In developing the elements that an approved dairy nutrient management plan must contain, the commission may authorize the use of other methods and technologies than those developed by the natural resources conservation service when such alternatives have been evaluated by the advisory and oversight committee. Alternative methods and technologies shall meet the standards and specifications of:
(a) The natural resources conservation service as modified by the geographically based standards developed under section 10 of this act; or
(b) A professional engineer with expertise in the area of dairy nutrient management.
(4) In evaluating alternative technologies and methods, the principal objectives of the committee's evaluation shall be determining:
(a) Whether there is a substantial likelihood that, once implemented, the alternative technologies and methods would not violate water quality requirements;
(b) Whether more cost-effective methods can be successfully implemented in some or all categories of dairy operations; and
(c) Whether the technologies and methods approved or provided by the natural resources conservation service for use by confined animal feeding operations are necessarily required for other categories of dairy operations.
In addition, the committee shall encourage the conservation commission and the conservation districts to apply in dairy nutrient management plans technologies and methods that are appropriate to the needs of the specific type of operation and the specific farm site and to avoid imposing requirements that are not necessary for the specific dairy producer to achieve compliance with water quality requirements.
(5) Such plans shall be submitted for approval to the local conservation district where the dairy farm is located, and shall be approved by conservation districts no later than by July 1, 2002. The conservation commission, in conjunction with conservation districts, shall develop a state-wide schedule of plan development and approval to ensure adequate resources are available to have all plans approved by July 1, 2002.
(6) If a dairy producer leases land for dairy production from an owner who has prohibited the development of capital improvements, such as storage lagoons, on the leased property, the dairy producer shall indicate in his or her dairy nutrient management plan that such improvements are prohibited by the landowner and shall describe other methods, such as land application, that will be employed by the dairy producer to manage dairy nutrients.
(7) If a plan contains the elements identified in subsection (2) of this section, a conservation district shall approve the plan no later than ninety days after receiving the plan. If the plan does not contain the elements identified in subsection (2) of this section, the local conservation district shall notify the dairy producer in writing of modifications needed in the plan no later than ninety days after receiving the plan. The dairy producer shall provide a revised plan that includes the needed modifications within ninety days of the date of the local conservation district notification. If the dairy producer does not agree with, or otherwise takes exception to, the modifications requested by the local conservation district, the dairy producer may initiate the appeals process described in section 7 of this act within thirty days of receiving the letter of notification.
(8) An approved plan shall be certified by a conservation district and a dairy producer when the elements necessary to implement the plan have been constructed or otherwise put in place, and are being used as designed and intended. A certification form shall be developed by the conservation commission for use state-wide and shall provide for a signature by both a conservation district representative and a dairy producer. Certification forms shall be signed by December 31, 2003, and a copy provided to the department for recording in the data base established in section 9 of this act.
(9) The ability of dairy producers to comply with the planning requirements of this chapter depends, in many cases, on the availability of federal and state funding to support technical assistance provided by local conservation districts. Dairy producers shall not be held responsible for noncompliance with the planning requirements of this chapter if conservation districts are unable to perform their duties under this chapter because of insufficient funding.
NEW SECTION. Sec. 7. (1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and the failure to adhere to plan review and approval timelines identified in section 6 of this act are appealable under this chapter. Department actions pertaining to water quality violations are appealable under chapter 90.48 RCW.
In addition, a dairy producer who is constrained from complying with the planning requirements of this chapter because of financial hardship or local permitting delays may request a hearing before the conservation commission and may request an extension of up to one year beyond the approval and certification dates prescribed in this chapter for plan approval and certification.
(2) Within thirty days of receiving a local conservation district notification regarding any of the decisions identified in subsection (1) of this section, a dairy producer who disagrees with any of these decisions may request an informal hearing before the conservation commission or may appeal directly to the pollution control hearings board. The commission shall issue a written decision no later than thirty days after the informal hearing.
(3) If the conservation commission upholds the decision of the local conservation district at the informal hearing, the decision of the local conservation district may be appealed to the pollution control hearings board according to the procedure in chapter 43.21B RCW within thirty days of receipt of the commission's decision.
(4) If the conservation commission reverses the decision of the conservation district, the conservation district may appeal this reversal to the pollution control hearings board according to the procedure in chapter 43.21B RCW within thirty days of receipt of the commission's decision.
(5) When an appeals process is initiated under this section, the length of time extending from the start of the appeals process to its conclusion shall be added onto the timelines provided in this chapter for plan development, approval, and certification only if an appeal is heard by the pollution control hearings board.
NEW SECTION. Sec. 8. (1) A dairy nutrient management program advisory and oversight committee is established. The committee shall be cochaired by the executive director of the conservation commission and a dairy industry representative. The purpose of the committee is to provide direction to and oversight of the dairy nutrient management inspection program, as well as to encourage the use of appropriate alternative technologies and methods for managing dairy nutrients.
(2) The committee shall include no less than eleven, and no more than thirteen members, including one representative from the department, one representative of the dairy industry from each of four geographic areas as referenced in section 10 of this act, one representative from the conservation commission, two representatives from local conservation districts, one representative from a local health department, one representative of an environmental organization, and one representative from the shellfish industry. In addition, the natural resources conservation service and the federal environmental protection agency shall each be invited to appoint a representative to the committee.
(3) The conservation commission shall contact agencies and organizations representing the interests identified in subsection (2) of this section and request that they notify their employees and membership of the opportunity to serve on the advisory and oversight committee. The commission shall also extend the invitations to the natural resources conservation service and the federal environmental protection agency. An association representing the dairy industry shall solicit interest broadly from both within and outside of the association. Persons interested in serving on the advisory and oversight committee shall submit their names to the conservation commission no later than May 1, 1998. By June 1, 1998, the commission shall appoint the required number of members from the nominations received.
(4) Advisory and oversight committee members shall be compensated under RCW 43.03.230 and shall be reimbursed for expenses as provided under RCW 43.03.050 and 43.03.060.
(5) The committee shall perform the following functions:
(a) Meet at least four times per calendar year;
(b) Maintain meeting minutes and account for the resolution of issues jointly identified by the committee chairs as needing to be addressed;
(c) Review the development of the data base, the quarterly data base summary, and the annual report provided by the department under section 9 of this act and RCW 90.64.050;
(d) Act as a forum to hear suggestions from any interested parties, including dairy farmers, regarding implementation of the dairy nutrient management program;
(e) Review and recommend standardized dairy farm inspection procedures, prioritization criteria, and frequencies and a reporting format to be used by the department;
(f) Assist the department and the conservation commission in developing reports to the legislature as required in section 18 of this act; and
(g) Review and recommend dairy nutrient management technologies and methods other than those approved or provided by the natural resources conservation service for use as components of nutrient management plans under this chapter.
NEW SECTION. Sec. 9. (1) By October 1, 1998, the department, in consultation with the advisory and oversight committee, shall develop and maintain a data base to account for the implementation of this chapter.
(2) The data base shall track registrations; inspection dates and results, including findings of violations; regulatory and enforcement actions; and the status of dairy nutrient management plans. In addition, the number of dairy farm inspections by inspector shall be tallied by month. A summary of data base information shall be provided quarterly to the advisory and oversight committee.
(3) Any information entered into the data base by the department about any aspect of a particular dairy operation may be reviewed by the affected dairy producer upon request. The department shall correct any information in the data base upon a showing that the information is faulty or inaccurate. Complaints that have been filed with the department and determined to be unfounded, invalid, or without merit shall not be recorded in the data base. Appeals of decisions related to dairy nutrient management plans to the pollution control hearings board or to any court shall be recorded, as well as the decisions of those bodies.
NEW SECTION. Sec. 10. (1) The conservation commission shall establish four dairy nutrient management technical assistance teams by June 1, 1998. The teams shall be geographically located throughout the state. Each team shall consist of one or more professional engineers, local conservation district employees, and dairy nutrient management experts from Washington State University. The purpose of the teams is to:
(a) Actively develop and promote new cost-effective approaches for managing dairy nutrients; and
(b) Assist dairy farms in developing dairy nutrient management plans.
(2) By January 1, 1999, each team shall develop one or more initial sets of standards and specifications to assist dairy producers in developing and implementing dairy nutrient management plans. Standards and specifications developed by a technical assistance team shall be appropriate to the soils and other conditions within that geographic area and shall be reviewed by the advisory and oversight committee.
Sec. 11. RCW 90.64.030 and 1993 c 221 s 4 are each amended to read as follows:
((Upon receiving a complaint or upon its own determination that a dairy animal feeding operation is a likely source of water quality degradation,)) (1) Under the inspection program established in section 5 of this act, the department may investigate a dairy ((animal feeding operation)) farm to determine whether the operation is discharging ((directly)) pollutants or ((recently)) has ((discharged directly)) a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation.
(2) The department shall investigate a written complaint filed with the department within ((ten)) three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. A copy of the findings shall be provided ((upon request)) to the dairy ((animal feeding operation)) producer subject to the complaint within twenty days. Only findings of violations shall be entered into the data base identified in section 9 of this act.
((Those dairy animal feeding operations that are)) (3) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information ((if immediate corrective actions are not possible, shall be designated as a concentrated dairy animal feeding operation and shall be)) is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144.
(4) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.
(5) A discharge, including a storm water discharge, to surface waters of the state shall not be considered a violation of this chapter, chapter 90.48 RCW, or chapter 173-201A WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, a violation is not occurring under RCW 90.64.010(18). In addition, a dairy producer shall not be held liable for violations of this chapter, chapter 90.48 RCW, chapter 173-201A WAC, or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer or the dairy producer's agent.
(6) As provided under RCW 7.48.305, agricultural activities associated with the management of dairy nutrients are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety.
(7) This section specifically acknowledges that if a holder of a general or individual national pollutant discharge elimination system permit complies with the permit and the dairy nutrient management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States as authorized by the permit.
(8) A dairy producer who fails to have an approved dairy nutrient management plan by July 1, 2002, or a certified dairy nutrient management plan by December 31, 2003, and for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each month beyond these deadlines that a dairy producer is out of compliance with the requirement for either plan approval or plan certification shall be considered separate violations of chapter 90.64 RCW that may be subject to penalties. Such penalties may not exceed one hundred dollars per month for each violation up to a combined total of five thousand dollars. Failure to register as required in section 3 of this act shall subject a dairy producer to a maximum penalty of one hundred dollars. Penalties shall be levied by the department.
Sec. 12. RCW 90.64.050 and 1993 c 221 s 6 are each amended to read as follows:
(1) The department has the following duties:
(a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;
(b) Inspect a dairy farm upon the request of a dairy producer;
(c) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms ((regardless of size));
(((c))) (d) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW((, or other authorities)). The department shall maintain the lead enforcement responsibility;
(((d))) (e) Administer and enforce national pollutant((s)) discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations((,)) and ((administer)) state laws or upon request of a dairy producer;
(((e) Appoint representatives, including dairy industry representatives, to participate in the compliance review committee that will annually review and update policy and disseminate information as needed;))
(f) Participate on the advisory and oversight committee;
(g) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;
(((g) Encourage)) (h) Require the use of ((federal soil conservation service standards and specifications in designing best management practices for)) dairy ((waste)) nutrient management plans ((to protect water quality)) as required under this chapter for entities required to plan under this chapter; and
(((h))) (i) Provide to the commission and the advisory and oversight committee an annual report of dairy ((waste pollution)) farm inspection and enforcement activities.
(2) The department may not delegate its responsibilities in enforcement.
Sec. 13. RCW 90.64.060 and 1993 c 221 s 7 are each amended to read as follows:
(((1) If the department determines that the operator of a dairy animal feeding operation has the means to correct a water quality problem in a manner that will prevent future contamination and does so promptly and such correction is maintained, the department shall cease pursuit of the complaint.
(2))) If the department determines that an unresolved water quality problem from a dairy ((animal feeding operation)) farm requires immediate corrective action, the department shall notify the ((operator)) producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within twenty days.
(((3) If immediate action is not necessary by the department, the handling of complaints will differ depending on the amount of information available and the compliance option selected by the conservation district involved.
(a) When the name and address of the party against whom the complaint was registered are known:
(i) Districts operating at levels 1 and 2 will receive a copy of complaint information, and compliance letter if one was sent out.
(ii) Districts operating at levels 3 and 4 will receive a copy of complaint information and the letter sent by the department to the operator informing the operator of the complaint and providing the operator with the opportunity to work with the conservation district on a voluntary basis.
(b) The department and the conservation district will work together at the local level to resolve complaints when the name and address of the party against whom the complaint was registered are unknown.))
Sec. 14. RCW 90.64.070 and 1993 c 221 s 8 are each amended to read as follows:
(1) The conservation district has the following duties:
(a) ((Adopt and annually update the water quality section in the conservation district dairy waste management plan)) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;
(b) ((As part of the district annual report, include a water quality progress report on dairy waste management activities conducted that are related to this chapter)) Immediately refer complaints received from the public regarding discharge of pollutants to the department;
(c) Encourage communication and cooperation between the conservation district personnel and local department personnel;
(d) ((Adopt and carry out a compliance option from level 1, level 2, level 3, or level 4)) Provide technical assistance to dairy producers in developing and implementing a dairy nutrient management plan; and
(e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed under this chapter.
(2) The district's capability to carry out its responsibilities ((in the four levels of compliance)) under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.
Sec. 15. RCW 90.64.080 and 1993 c 221 s 9 are each amended to read as follows:
(1) The conservation commission has the following duties:
(a) ((Forward to the department the dairy waste management plan progress reports;
(b))) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy ((waste)) nutrient management program implementation;
(((c))) (b) Provide coordination for conservation district programs at the state level through special arrangements with appropriate federal and state agencies, including oversight of the review, approval, and certification of dairy nutrient management plans;
(((d))) (c) Inform conservation districts of activities and experiences of other conservation districts relative to agricultural water quality protection, and facilitate an interchange of advice, experience, and cooperation between the districts;
(d) Provide an informal hearing for disputes between dairy producers and local conservation districts pertaining to: (i) Denial of approval or denial of certification of dairy nutrient management plans; (ii) modification or amendment of plans; (iii) conditions contained in plans; (iv) application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and (v) the failure to adhere to the plan review and approval timelines identified in section 6 of this act. An informal hearing may also provide an opportunity for dairy producers who are constrained from timely compliance with the planning requirements of this chapter because of financial hardship or local permitting delays to petition for additional time to comply.
(e) Encourage communication between the conservation district personnel and local department personnel;
(f) Accept nominations and appoint ((conservation district representatives)) members to serve on the ((compliance review)) advisory and oversight committee with advice of the Washington association of conservation districts and the department;
(g) ((Appoint a commission representative to participate on the compliance review committee that will annually review and update policy and disseminate information as needed)) Provide a cochair to the advisory and oversight committee;
(h) Report to the legislature by December 1st of each year until 2003 on the status of dairy nutrient management planning and on the technical assistance provided to dairy producers in carrying out the requirements of this chapter; and
(i) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter.
(2) The commission's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.
NEW SECTION. Sec. 16. The dairy waste management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only for the commission to provide grants to local conservation districts for the sole purpose of assisting dairy producers to develop and fully implement dairy nutrient management plans. Only the chairman of the commission or the chairman's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Sec. 17. RCW 90.48.465 and 1997 c 398 s 2 are each amended to read as follows:
(1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule within one year of March 1, 1989, and thereafter the fee schedule shall be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities.
(2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality's wastewater system. The department shall adopt by rule a schedule of credits for any municipality engaging in a comprehensive monitoring program beyond the requirements imposed by the department, with the credits available for five years from March 1, 1989, and with the total amount of all credits not to exceed fifty thousand dollars in the five-year period.
(3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department.
(4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments.
(5) The fee for an individual permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to one thousand one hundred sixty-seven dollars for fiscal year 1998 and one thousand two hundred fourteen dollars for fiscal year 1999. The fee for a general permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to eight hundred seventeen dollars for fiscal year 1998 and eight hundred fifty dollars for fiscal year 1999.
(6) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.
(((6))) (7) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
NEW SECTION. Sec. 18. The department, in conjunction with the conservation commission and advisory and oversight committee, shall report to the legislature by December 1st of each year until 2003, on progress made in implementing chapter . . ., Laws of 1998 (this act). At a minimum, the reports shall include data on inspections, the status of dairy nutrient planning, compliance with water quality standards, and enforcement actions. The report shall also provide recommendations on how implementation of chapter . . ., Laws of 1998 (this act) could be facilitated for dairy producers and generally improved.
The conservation commission shall include in the report to the legislature filed December 1, 1999, an evaluation of whether the fiscal resources available to the commission, to conservation districts, and to Washington State University dairy nutrient management experts are adequate to fund the technical assistance teams established under section 10 of this act and to develop and certify plans as required by the schedule established in section 6 of this act. If the funding is insufficient, the report shall include an estimate of the amount of funding necessary to accomplish the schedule contained in section 6 of this act.
Sec. 19. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, ((and)) 90.48.120, and 90.56.330.
(c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.
(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
(f) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in section 6 of this act.
(g) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
(2) The following hearings shall not be conducted by the hearings board:
(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.
NEW SECTION. Sec. 20. RCW 90.64.090 and 1993 c 221 s 10 are each repealed.
NEW SECTION. Sec. 21. Sections 3, 5 through 10, 16, and 18 of this act are each added to chapter 90.64 RCW.
NEW SECTION. Sec. 22. 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.
NEW SECTION. Sec. 23. 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."
On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 90.64.005, 90.64.010, 90.64.030, 90.64.050, 90.64.060, 90.64.070, 90.64.080, 90.48.465, and 43.21B.110; adding new sections to chapter 90.64 RCW; creating new sections; repealing RCW 90.64.090; prescribing penalties; and declaring an emergency."
Representative Koster moved the adoption of amendment (1123) to amendment (1065):
On page 8, after line 7, insert the following:
"(7) Notwithstanding the timelines in this section, any dairy farm licensed after September 1, 1998, shall have six months from the date of licensing to develop a dairy nutrient management plan and another eighteen months to fully implement that plan."
Renumber next subsections consecutively and correct internal references.
On page 9, beginning at line 23, strike subsection (3).
Renumber next subsections consecutively and correct internal references.
On page 13, after line 10, insert the following:
(4) If the department determines that an unresolved water quality problem from a dairy farm requires immediate corrective action, the department shall notify the producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within twenty days."
Renumber next subsections consecutively and correct internal references.
On page 15, line 14, strike all of section 13.
Renumber next subsections consecutively and correct internal references.
On page 19, line 28, after "fiscal year 1999." insert "Thereafter, these fees may rise in accordance with the fiscal growth factor as provided in chapter 43.135 RCW."
On page 21, after line 29, insert the following:
NEW SECTION. Sec. 20. RCW 90.64.060 and 1993 c 221 s 7 are each repealed.
Renumber next subsections consecutively and correct internal references.
On page 22, line 14 of the title amendment, after "RCW: insert "90.64.060 and"
Representatives Koster and Linville spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
The Speaker (Representative Pennington presiding) stated the question before the House to be the amendment as amended.
Representatives Koster, Linville and Honeyford spoke in favor of the adoption of the amendment (1065) as amended.
The 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 Koster, Honeyford and Linville spoke in favor of passage of the bill.
Representative Dunshee 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. 6161, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6161, 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.
Substitute Senate Bill No. 6161, 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:
SUBSTITUTE HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1253,
SUBSTITUTE HOUSE BILL NO. 1971,
SUBSTITUTE HOUSE BILL NO. 2634,
SUBSTITUTE HOUSE BILL NO. 2680,
SUBSTITUTE HOUSE BILL NO. 2790,
SUBSTITUTE HOUSE BILL NO. 2822,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2900,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2901,
HOUSE JOINT RESOLUTION NO. 4030,
The Speaker called upon Representative Pennington to preside.
There being no objection, the House deferred consideration of Engrossed Substitute Senate Bill No. 6328 and the bill held its place on second reading.
SECOND SUBSTITUTE SENATE BILL NO. 6330, by Senate Committee on Ways & Means (originally sponsored by Senators Oke, Jacobsen, Swecker, Spanel, Loveland and Rasmussen)
Modifying provisions concerning recreational fish and wildlife licenses.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Natural Resources as amended by the Committee on Appropriations were before the House for purposes of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)
With the consent of the House, amendment 1111 was withdrawn.
Representative Doumit moved the adoption of amendment (1061) to the committee amendment:
On page 2, beginning on line 9 of the amendment, after "under" strike "((fifteen)) twelve" and insert "fifteen"
On page 2, line 15 of the amendment, after "resident" strike "((fifteen years of age or older" and insert "fifteen years of age or older (("
On page 2, line 17 of the amendment, after "nonresident" insert "fifteen years of age or older"
On page 4, beginning on line 3 of the amendment, after "person" strike all material through "sixteen" on line 4 and insert "fifteen"
On page 8, line 21 of the amendment, after "persons" strike "twelve" and insert "fifteen"
On page 13, line 16 of the amendment, after "persons" strike "((sixteen years of age or older))" and insert "sixteen years of age or older"
On page 13, beginning on line 18 of the amendment, after "nonresidents" strike all material through "sixteen" on line 19
On page 14, line 29 of the amendment, after "persons" insert "sixteen years of age or older"
On page 14, beginning on line 31 of the amendment, after "nonresidents" strike all material through "sixteen" on line 32
Representatives Doumit and Benson spoke in favor of the adoption of the amendment.
The amendment to the committee amendment was adopted.
With the consent of the House, amendment 1047 was withdrawn.
Representative Chandler moved the adoption of amendment (1122) to the committee amendment:
On page 6, line 25 of the amendment, after "Sec. 13." insert "(1)"
On page 6, after line 29 of the amendment, insert the following:
"(2) In implementing subsection (1) of this section with regard to warm water game fish, the department shall initially deposit in the warm water game fish account 6.512 percent of the funds received from the sale of each freshwater license and each freshwater, saltwater, and shellfish combination license. The percentage initially established in this subsection shall be adjusted annually to reflect the actual numbers of license holders fishing for warm water game fish based on an annual survey of licensed anglers conducted by the department beginning with the April 1, 2000, to March 31, 2001, license year. The legislature expects that implementing this subsection will result in annual deposits of at least one million two hundred fifty thousand dollars into the warm water game fish account."
Representative Chandler spoke in favor of the adoption of the amendment.
The amendment to the committee amendment was adopted.
With the consent of the House, amendment 1077 was withdrawn.
Representative Buck moved the adoption of amendment (1107) to the committee amendment:
On page 24, line 1 of the amendment, after "1 through" insert "9, 11 through 23, 25 through"
Representative Buck spoke in favor of the adoption of the amendment.
The amendment to the committee amendment was adopted.
The Speaker (Representative Pennington presiding) stated the question before the House to be final adoption of the committee amendment by Committee on Natural Resources as amended by Committee on Appropriations and as amended by the House.
Representative Buck spoke in favor of the adoption of 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 Buck and Regala spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 6330, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6330, 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, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, 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 - 97.
Voting nay: Representative Hatfield - 1.
Second Substitute Senate Bill No. 6330, as amended by the House, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
Representatives Lisk, Dunshee, H. Sommers, Cole, Delvin, Chandler and Alexander rose to honor Vicki Chiechi, a member of the Third House, who after many years of working with the Legislature was leaving with her husband, Brent for Bolvia.
SECOND SUBSTITUTE SENATE BILL NO. 6544, by Senate Committee on Ways & Means (originally sponsored by Senators Deccio, Franklin, Wood, Wojahn and Winsley)
Providing for adult family home and boarding home training.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Health Care as amended by the Committee on Appropriations was not adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)
With the consent of the House, amendment 1039 was withdrawn.
Representative Backlund moved the adoption of amendment (1081):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that many residents of long-term care facilities and recipients of in-home personal care services are exceptionally vulnerable and their health and well-being are heavily dependent on their caregivers. The legislature further finds that the quality of staff in long-term care facilities is often the key to good care. The need for well-trained staff and well-managed facilities is growing as the state's population ages and the acuity of the health care problems of residents increases. In order to better protect and care for residents, the legislature directs that the minimum training standards be reviewed for management and caregiving staff, including those serving residents with special needs, such as mental illness, dementia, or a developmental disability, that management and caregiving staff receive appropriate training, and that the training delivery system be improved.
NEW SECTION. Sec. 2. A new section is added to chapter 18.20 RCW to read as follows:
(1) The department of social and health services shall review, in coordination with the department of health, the nursing care quality assurance commission, adult family home providers, boarding home providers, in-home personal care providers, and long-term care consumers and advocates, training standards for administrators and resident caregiving staff. The departments and the commission shall submit to the appropriate committees of the house of representatives and the senate by December 1, 1998, specific recommendations on training standards and the delivery system, including necessary statutory changes and funding requirements. Any proposed enhancements shall be consistent with this section, shall take into account and not duplicate other training requirements applicable to boarding homes and staff, and shall be developed with the input of boarding home and resident representatives, health care professionals, and other vested interest groups. Training standards and the delivery system shall be relevant to the needs of residents served by the boarding home and recipients of long-term in-home personal care services and shall be sufficient to ensure that administrators and caregiving staff have the skills and knowledge necessary to provide high quality, appropriate care.
(2) The recommendations on training standards and the delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of social and health services and private providers; portability of existing training requirements; competency testing; practical and clinical course work; methods of delivery of training; standards for management and caregiving staff training; and necessary enhancements for special needs populations and resident rights training. Residents with special needs include, but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability.
(3) The department of social and health services shall report to the appropriate committees of the house of representatives and the senate by December 1, 1998, on the cost of implementing the proposed training standards for state-funded residents, and on the extent to which that cost is covered by existing state payment rates.
NEW SECTION. Sec. 3. A new section is added to chapter 70.128 RCW to read as follows:
(1) The department of social and health services shall review, in coordination with the department of health, the nursing care quality assurance commission, adult family home providers, boarding home providers, in-home personal care providers, and long-term care consumers and advocates, training standards for providers, resident managers, and resident caregiving staff. The departments and the commission shall submit to the appropriate committees of the house of representatives and the senate by December 1, 1998, specific recommendations on training standards and the delivery system, including necessary statutory changes and funding requirements. Any proposed enhancements shall be consistent with this section, shall take into account and not duplicate other training requirements applicable to adult family homes and staff, and shall be developed with the input of adult family home and resident representatives, health care professionals, and other vested interest groups. Training standards and the delivery system shall be relevant to the needs of residents served by the adult family home and recipients of long-term in-home personal care services and shall be sufficient to ensure that providers, resident managers, and caregiving staff have the skills and knowledge necessary to provide high quality, appropriate care.
(2) The recommendations on training standards and the delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of social and health services and private providers; portability of existing training requirements; competency testing; practical and clinical course work; methods of delivery of training; standards for management; uniform caregiving staff training; necessary enhancements for special needs populations; and resident rights training. Residents with special needs include, but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability. Development of training recommendations for developmental disabilities services shall be coordinated with the study requirements in section 5 of this act.
(3) The department of social and health services shall report to the appropriate committees of the house of representatives and the senate by December 1, 1998, on the cost of implementing the proposed training standards for state-funded residents, and on the extent to which that cost is covered by existing state payment rates.
Sec. 4. RCW 70.128.070 and 1995 1st sp.s. c 18 s 22 are each amended to read as follows:
(1) ((A license shall be valid for one year.
(2) At least sixty days prior to expiration of the license, the provider shall submit an application for renewal of a license. The department shall send the provider an application for renewal prior to this time. The department shall have the authority to investigate any information included in the application for renewal of a license.
(3))) A license shall remain valid unless voluntarily surrendered, suspended, or revoked in accordance with this chapter.
(2)(a) Homes applying for a license shall be inspected at the time of licensure.
(b) Homes licensed by the department shall be inspected at least every eighteen months, subject to available funds.
(c) The department may make an unannounced inspection of a licensed home at any time to assure that the home and provider are in compliance with this chapter and the rules adopted under this chapter.
(((4))) (3) If the department finds that the home is not in compliance with this chapter, it shall require the home to correct any violations as provided in this chapter. ((If the department finds that the home is in compliance with this chapter and the rules adopted under this chapter, the department shall renew the license of the home.))
Sec. 5. RCW 70.129.030 and 1997 c 386 s 31 are each amended to read as follows:
(1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the information must be acknowledged in writing.
(2) The resident or his or her legal representative has the right:
(a) Upon an oral or written request, to access all records pertaining to himself or herself including clinical records within twenty-four hours; and
(b) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days' advance notice to the facility.
(3) The facility shall only admit or retain individuals whose needs it can safely and appropriately serve in the facility with appropriate available staff and through the provision of reasonable accommodations required by state or federal law. Except in cases of genuine emergency, the facility shall not admit an individual before obtaining a thorough assessment of the resident's needs and preferences. The assessment shall contain, unless unavailable despite the best efforts of the facility, the resident applicant, and other interested parties, the following minimum information: Recent medical history; necessary and contraindicated medications; a licensed medical or other health professional's diagnosis, unless the individual objects for religious reasons; significant known behaviors or symptoms that may cause concern or require special care; mental illness, except where protected by confidentiality laws; level of personal care needs; activities and service preferences; and preferences regarding other issues important to the resident applicant, such as food and daily routine.
(4) The facility must inform each resident in writing in a language the resident or his or her representative understands before((, or at the time of)) admission, and at least once every twenty-four months thereafter of: (a) Services, items, and activities customarily available in the facility or arranged for by the facility as permitted by the facility's license; (b) charges for those services, items, and activities including charges for services, items, and activities not covered by the facility's per diem rate or applicable public benefit programs; and (c) the rules of facility operations required under RCW 70.129.140(2). Each resident and his or her representative must be informed in writing in advance of changes in the availability or the charges for services, items, or activities, or of changes in the facility's rules. Except in emergencies, thirty days' advance notice must be given prior to the change. However, for facilities licensed for six or fewer residents, if there has been a substantial and continuing change in the resident's condition necessitating substantially greater or lesser services, items, or activities, then the charges for those services, items, or activities may be changed upon fourteen days' advance written notice.
(((4))) (5) The facility must furnish a written description of residents rights that includes:
(a) A description of the manner of protecting personal funds, under RCW 70.129.040;
(b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombudsmen program, and the protection and advocacy systems; and
(c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning alleged resident abuse, neglect, and misappropriation of resident property in the facility.
(((5))) (6) Notification of changes.
(a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to notify the resident's legal representative or an interested family member when there is:
(i) An accident involving the resident which requires or has the potential for requiring physician intervention;
(ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications).
(b) The facility must promptly notify the resident or the resident's representative shall make reasonable efforts to notify an interested family member, if known, when there is:
(i) A change in room or roommate assignment; or
(ii) A decision to transfer or discharge the resident from the facility.
(c) The facility must record and update the address and phone number of the resident's representative or interested family member, upon receipt of notice from them.
NEW SECTION. Sec. 6. The division of developmental disabilities in the department of social and health services, in coordination with advocacy, self-advocacy, and provider organizations, shall review administrator and resident caregiver staff training standards for agency contracted supported living services, including intensive tenant support, tenant support, supportive living, and in-home personal care services for children. The division and the advocates shall coordinate specialty training recommendations with the larger study group referenced in sections 2(1) and 3(1) of this act and submit specific recommendations on training standards, including necessary statutory changes and funding requirements to the appropriate committees of the house of representatives and the senate by December 1, 1998.
Sec. 7. RCW 70.128.060 and 1995 c 260 s 4 are each amended to read as follows:
(1) An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires.
(2) The department shall issue a license to an adult family home if the department finds that the applicant and the home are in compliance with this chapter and the rules adopted under this chapter, unless (a) the applicant has prior violations of this chapter relating to the adult family home subject to the application or any other adult family home, or of any other law regulating residential care facilities within the past five years that resulted in revocation or nonrenewal of a license; or (b) the applicant has a history of significant noncompliance with federal, state, or local laws, rules, or regulations relating to the provision of care or services to vulnerable adults or to children.
(3) The license fee shall be submitted with the application.
(4) The department shall serve upon the applicant a copy of the decision granting or denying an application for a license. An applicant shall have the right to contest denial of his or her application for a license as provided in chapter 34.05 RCW by requesting a hearing in writing within twenty-eight days after receipt of the notice of denial.
(5) The department shall not issue a license to a provider if the department finds that the provider or any partner, officer, director, managerial employee, or owner of five percent or more if the provider has a history of significant noncompliance with federal or state regulations, rules, or laws in providing care or services to vulnerable adults or to children.
(6) The department shall license an adult family home for the maximum level of care that the adult family home may provide. The department shall define, in rule, license levels based upon the education, training, and caregiving experience of the licensed provider or staff.
(7) The department shall establish, by rule, standards used to license nonresident providers and multiple facility operators.
(8) The department shall establish, by rule, for multiple facility operators educational standards substantially equivalent to recognized national certification standards for residential care administrators.
(9) The license fee shall be set at fifty dollars per year for each home. The licensing fee is due each year within thirty days of the anniversary date of the license. A fifty dollar processing fee shall also be charged each home when the home is initially licensed.
NEW SECTION. Sec. 8. A new section is added to chapter 18.48 RCW to read as follows:
Adult family homes have developed rapidly in response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population. The growing demand for elder care with a new focus on issues affecting senior citizens, including persons with developmental disabilities, mental illness, or dementia, has prompted a growing professionalization of adult family home providers to address quality care and quality of life issues consistent with standards of accountability and regulatory safeguards for the health and safety of the residents. The establishment of an advisory committee to the department of health and the department of social and health services under section 9 of this act formalizes a stable process for discussing and considering these issues among residents and their advocates, regulatory officials, and adult family home providers. The dialogue among all stakeholders interested in maintaining a healthy option for the aging population in community settings assures the highest regard for the well-being of these residents within a benign and functional regulatory environment.
NEW SECTION. Sec. 9. A new section is added to chapter 18.48 RCW to read as follows:
(1) The secretary, in consultation with the secretary of social and health services, shall appoint an advisory committee on matters relating to the regulation, administrative rules, enforcement process, staffing, and training requirements of adult family homes. The advisory committee shall be composed of six members, of which two members shall be resident advocates, three members shall represent adult family home providers, and one member shall represent the public and serve as chair. The members shall generally represent the interests of aging residents, residents with dementia, residents with mental illness, and residents with developmental disabilities respectively. Members representing adult family home providers must have at least two years' experience as licensees. The membership must generally reflect urban and rural areas and western and eastern parts of the state. A member may not serve more than two consecutive terms.
(2) The secretary may remove a member of the advisory committee for cause as specified by rule adopted by the department. If there is a vacancy, the secretary shall appoint a member to serve for the remainder of the unexpired term.
(3) The advisory committee shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary on matters relating to the regulation of adult family homes. A majority of the members may request a meeting of the committee for any express purpose directly related to the regulation of adult family homes. A majority of members currently serving shall constitute a quorum.
(4) Establishment of the advisory committee shall not prohibit the department of health from utilizing other advisory activities that the department of health deems necessary for program development.
(5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.060.
(6) The secretary, members of the advisory committee, or individuals acting on their behalf are immune from civil liability for official acts performed in the course of their duties.
NEW SECTION. Sec. 10. A new section is added to chapter 70.128 RCW to read as follows:
Adult family homes have developed rapidly in response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population. The growing demand for elder care with a new focus on issues affecting senior citizens, including persons with developmental disabilities, mental illness, or dementia, has prompted a growing professionalization of adult family home providers to address quality care and quality of life issues consistent with standards of accountability and regulatory safeguards for the health and safety of the residents. The establishment of an advisory committee to the department of health and the department of social and health services under section 9 of this act formalizes a stable process for discussing and considering these issues among residents and their advocates, regulatory officials, and adult family home providers. The dialogue among all stakeholders interested in maintaining a healthy option for the aging population in community settings assures the highest regard for the well-being of these residents within a benign and functional regulatory environment. The secretary shall be advised by an advisory committee on adult family homes established under section 9 of this act.
Establishment of the advisory committee shall not prohibit the department of social and health services from utilizing other advisory activities that the department of social and health services deems necessary for program development.
NEW SECTION. Sec. 11. Section 5 of this act takes effect July 1, 1998."
On page 1, line 1 of the title, after "care;" strike the remainder of the title and insert "amending RCW 70.128.070, 70.129.030, and 70.128.060; adding a new section to chapter 18.20 RCW; adding new sections to chapter 70.128 RCW; adding new sections to chapter 18.48 RCW; creating new sections; and providing an effective date."
Representatives Backlund and Cody 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 Dyer and Cody 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. 6544, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6544, as amended by the House, 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.
Second Substitute Senate Bill No. 6544, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6560, by Senate Committee on Energy & Utilities (originally sponsored by Senators Brown, Jacobsen, T. Sheldon, Kohl, Hargrove, Fairley, B. Sheldon, Prentice, Wojahn, Loveland, Thibaudeau, McAuliffe, Heavey, Spanel, Snyder, Rasmussen, Haugen, Patterson and Franklin)
Protecting the rights of consumers of electric power.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Energy & Utilities as amended by the Committee on Appropriations was before the House for purposes of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)
Representative Crouse moved the adoption of amendment (1114) to the committee amendment:
On page 5, line 12, after "cost" insert "shifts"
Representatives Crouse and Poulsen spoke in favor of the adoption of the amendment.
The amendment to the committee amendment was adopted.
Representative Poulsen moved the adoption of amendment (1124) to the committee amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) Electricity is a basic and fundamental need of all residents; and
(b) Currently Washington's consumer-owned and investor-owned utilities offer consumers a high degree of reliability and service quality while providing some of the lowest rates in the country.
(2) The legislature intends to:
(a) Preserve the benefits of consumer and environmental protection, system reliability, high service quality, and low-cost rates;
(b) Ensure that all retail electrical customers have the same level of rights and protections; and
(c) Require the adequate disclosure of the rights afforded to retail electric customers.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the utilities and transportation commission.
(2) "Consumer-owned distribution utility" means an electricity distribution utility that is a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, a cooperative formed under chapter 23.86 RCW, an irrigation district formed under chapter 87.03 RCW, or a mutual corporation or association formed under chapter 24.06 RCW.
(3) "Department" means the department of community, trade, and economic development.
(4) "Electricity" means electric energy measured in kilowatt hours, or electric capacity measured in kilowatts, or both.
(5) "Electricity distribution utility" means a consumer-owned or investor-owned utility that is authorized and engaged in the business of distributing electricity to retail electric customers in the state.
(6) "Electric meters in service" means those meters that record in at least nine of twelve calendar months in any calendar year not less than two hundred fifty kilowatt hours per month.
(7) "Electricity supplier" means a person or entity including, but not limited to, an electric utility, aggregator, marketer, broker, or independent power producer, that sells electricity to more than one retail electric customer in the state.
(8) "Governing body" means the council of a city or town, the commissioners of an irrigation district, municipal electric utility, or public utility district, or the board of directors of an electric cooperative or mutual association that has the authority to set and approve rates.
(9) "Investor-owned distribution utility" means an electricity distribution utility owned by investors that meets the definition of an electrical company as defined in RCW 80.04.010.
(10) "Proprietary customer information" means (a) information that relates to the source and amount of electricity used by a customer, a customer's payment history, and household data that is made available by the customer solely by virtue of the utility-customer or supplier-customer relationship; and (b) information contained in a customer's bill.
(11) "Renewable resources" means electricity generation facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; or (f) biomass energy based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic.
(12) "Resale" means the purchase and subsequent sale of electricity for profit, but does not include the purchase and the subsequent sale of electricity at the same rate at which the electricity was purchased.
(13) "Retail electric customer" means a person or entity that purchases electricity for ultimate consumption and not for resale.
(14) "Small utility" means any consumer-owned utility with twenty-five thousand or fewer electric meters in service, or that has an average of seven or fewer customers per mile of distribution line.
(15) "State" means the state of Washington.
NEW SECTION. Sec. 3. (1) Except as otherwise provided in subsection 2 of this section, each electricity distribution utility must provide its retail electric customers with the following disclosures in accordance with section 4 of this act:
(a) An explanation of any applicable credit and deposit requirements, including the means by which credit may be established, the conditions under which a deposit may be required, the amount of any deposit, interest paid on the deposit, and the circumstances under which the deposit will be returned or forfeited.
(b) A complete, itemized listing of all rates and charges for which the customer is responsible, including charges, if any, to terminate service, and an explanation of how to receive notice of public hearings where changes in rates will be considered or approved.
(c) An explanation of the metering or measurement policies and procedures, including the process for verifying the reliability of the meters or measurements and adjusting bills upon discovery of errors in the meters or measurements.
(d) An explanation of bill payment policies and procedures, including due dates, applicable late fees, and the interest rate charged, if any, on unpaid balances.
(e) An explanation of the payment arrangement options available to customers, including budget payment plans and the availability of home heating assistance from government and private sector organizations.
(f) An explanation of the method by which customers must give notice of their intent to discontinue service, the circumstances under which service may be discontinued by the utility, the conditions that must be met by the utility prior to discontinuing service, and how to avoid disconnection.
(g) An explanation of the utility's policies governing the confidentiality of proprietary customer information, including the circumstances under which the information may be disclosed and ways in which customers can control access to the information.
(h) An explanation of the methods by which customers may make inquiries to and file complaints with the utility, and the utility's procedures for responding to and resolving complaints and disputes, including a customer's right to complain about an investor-owned distribution utility to the commission and appeal a decision by a consumer-owned utility to the governing body of the consumer-owned utility.
(i) An annual report containing the following information for the previous calendar year:
(i) A general description of the electricity distribution utility's customers, including the number of residential, commercial, and industrial customers served by the electric distribution utility, and the amount of electricity consumed by each customer class stated as a percentage of the total utility load;
(ii) A summary of the average electricity rates for each customer class stated in cents per kilowatt hour, the date of the electricity distribution utility's last general rate increase or decrease, the identity of the entity responsible for setting rates, and an explanation of how to receive notice of public hearings where changes in rates will be considered or approved;
(iii) An explanation of the fuel mix used by the electricity distribution utility to serve its retail electric customers, shown as a pie chart where each resource comprising five percent or more of the total fuel mix is separately listed. The fuel mix associated with the portion of power bought on the market may be estimated using the western systems coordinating council average for the previous year as a default, and an explanation of this estimate must be included in the annual report; and
(iv) An explanation of the amount invested by the electricity distribution utility in conservation, nonhydrorenewable resources, and low-income energy assistance programs, and the source of funding for the investments.
(2) A small utility is not required, but is encouraged, to prepare an annual report described in subsection (1)(i) of this section.
NEW SECTION. Sec. 4. (1) An electricity distribution utility shall provide the disclosures required in section 3 of this act to retail electric customers at the following times:
(a) At the time service is established;
(b) At least once a year after the adoption of the policies and procedures by the utility under section 5 or 6 of this act; and
(c) At any time upon request of the customer.
(2) Required disclosures shall be provided in writing using plain language that is understandable to an ordinary customer and presented in a form that is clear and conspicuous.
NEW SECTION. Sec. 5. (1) Not later than December 1, 1998, each investor-owned distribution utility shall adopt consumer protection policies and procedures to implement the disclosure requirements of this chapter and any related commission rules, whether the rules are currently existing or adopted under this section. An investor-owned distribution utility shall file its policies and procedures with the commission and may modify the policies and procedures from time to time, subject to the approval of the commission.
(2) The commission may adopt rules as necessary to ensure compliance by investor-owned distribution utilities with the requirements of this act.
NEW SECTION. Sec. 6.(1) Not later than December 1, 1998, the governing body of each consumer-owned distribution utility shall adopt consumer protection policies and procedures to implement the disclosure requirements of this chapter. The policies and procedures shall be adopted only after one or more public meetings on the matter have been held. A consumer-owned distribution utility shall file its policies and procedures with the department along with a summary of the public meetings held on the policies and procedures. A consumer-owned distribution utility may modify the policies and procedures from time to time, subject to the approval of the utility's governing body after a public meeting on the matter.
(2) Upon request of the governing body of a consumer-owned distribution utility, the department, the attorney general, and the commission shall provide technical assistance to a consumer-owned distribution utility in the development of its policies and procedures.
NEW SECTION. Sec. 7. Nothing in chapter . . ., Laws of 1998 (this act) shall be construed as conferring on any state agency jurisdiction, supervision, or control over any consumer-owned utility.
NEW SECTION. Sec. 8. (1) The utilities and transportation commission and the department of community, trade, and economic development shall jointly study the following issues:
(a) Variations in retail electricity rates within the state and in comparison with national averages, trends affecting the electric service costs for all customers in the state, and strategies available to minimize those costs in the future;
(b) Demographics of retail electric customers in the state to include the distribution of customers by size of load;
(c) The potential for cost-shifting among customer classes and among customers within the same class, and strategies available to minimize inappropriate cost shifts;
(d) The consumer protection policies and procedures of electric utilities, including areas of consistency and inconsistency among the utilities in those policies and procedures;
(e) The status, number, and primary characteristics of service territory agreements between electric utilities;
(f) The current level of service quality and reliability as measured by available statistics, trends affecting quality of service and the integrity and reliability of the distribution system, and ways to ensure high service quality and reliability in the future; and
(g) Current levels of investment in conservation, nonhydrorenewable resources, and low-income energy assistance programs, trends affecting such investment, and ways to fairly, efficiently, and effectively foster future achievement of the purposes of such investment.
(2) The utilities and transportation commission and the department of community, trade, and economic development shall consult with the chair and ranking minority member of the senate and house of representatives energy and utilities committees, electric utilities, retail electric customers, and other interested parties throughout the course of the study and shall report the results of this study to the legislature and the governor no later than December 31, 1998.
(3) Each electricity distribution utility shall cooperate with the commission and the department in the preparation of the study and report required by this section, and shall provide all information requested by the commission or the department in a timely manner so that the study and report will be as thorough as possible and completed on schedule. The commission and department shall coordinate and cooperate with each other in preparing the study and report, particularly in requesting information from, or the assistance of, electric distribution utilities, to minimize the potential for redundant requests.
NEW SECTION. Sec. 9. Sections 11 through 17 of this act apply to electricity suppliers that are authorized to market, promote, sell, or provide electricity to retail electric customers as a product separate from the distribution services provided by the customers' electricity distribution utilities. However, nothing in this chapter shall be construed to provide electricity suppliers the authority to market, promote, sell, or provide electricity to retail electric customers as products separate from the distribution services provided by electricity distribution utilities.
NEW SECTION. Sec. 10. (1) An electricity supplier that makes an oral solicitation to sell electricity directly to a retail electric customer for distribution by the customer's electricity distribution utility shall disclose as part of the oral solicitation the following information:
(a) The average price for various usage patterns, based on regional load profiles;
(b) Notice that the price is for generation only and that additional rates and charges will apply from the customer's electricity distribution utility;
(c) A description of the contract length, including beginning and ending dates, and the method of renewal;
(d) The fuel mix used to supply the product, except that when the electricity will be supplied without regard to a particular source of generation, then that fact shall be disclosed; and
(e) Any other material terms or conditions of the sale.
(2) Prior to selling electricity to a retail electric customer for distribution by the customer's electricity distribution utility, an electricity supplier shall disclose the following information in writing to the customer:
(a) The electricity supplier's policies and procedures regarding the consumer protection issues for which disclosure is required under section 3 of this act;
(b) The terms and conditions for which disclosure is required under subsection (1) of this section;
(c) The fuel mix used to supply the product, shown as a pie chart where each resource comprising five percent or more of the total fuel mix is separately listed;
(d) An explanation of whether the rates or charges are fixed or variable and, if variable, a description of the formula by which those rates or charges may change; and
(e) A description of any other products or services to be provided by the electricity supplier, if any, other than electricity.
(3) Required disclosures under this section shall be provided using plain language that is understandable to ordinary customers and presented in a form that is clear and conspicuous.
NEW SECTION. Sec. 11. (1) Prior to engaging in the business of selling or advertising to sell electricity directly to a retail electric customer for distribution by the customer's electricity distribution utility, an electricity supplier shall establish a customer service facility or other means to receive and respond to customer complaints and inquiries regarding service. The facility shall be adequately staffed from at least 7 a.m. until 7 p.m. and be reachable by a toll-free number.
(2) The customer service facility or other means shall, at a minimum, receive and respond to:
(a) Reports of interruption of service at any time of day;
(b) Inquiries from customers regarding billing amounts and practices;
(c) Requests for information regarding the price, product information, and terms of service provided by the electricity supplier;
(d) Inquiries regarding conservation efforts, if any, made by the electricity supplier;
(e) Requests for appealing a decision of the electricity supplier.
(3) There shall be no charge for use of the facility or other means by any person.
NEW SECTION. Sec. 12. (1) An agreement between an electricity supplier and a retail electric customer for the purchase and sale of electricity may only be made in writing.
(2) No electricity supplier shall change, or request or authorize any other entity to change, a retail electric customer's electricity product or supplier unless and until the submitting electricity supplier has obtained the customer's written or electronic authorization and provided verification of the authorization to the current electricity supplier and electricity distribution utility.
(3) Retail electric customers are not obligated for unauthorized charges resulting from an unwritten purchase and sale agreement or an unlawful charge, and electricity suppliers may not bill customers for the charges.
(4) An electricity supplier is liable to a retail electric customer for liquidated damages in the amount of one hundred dollars for each unauthorized change.
NEW SECTION. Sec. 13. It is an unfair or deceptive act or practice and a violation of this section for any electricity supplier to place a commercial telephone solicitation to any residence that will be received before 8:00 a.m. or after 5:00 p.m. at the retail electric customer's local time, notwithstanding the provisions of RCW 19.158.040(2).
NEW SECTION. Sec. 14. (1) Any person making an express or implied claim concerning an electricity product must, at the time the claim is made, possess and rely upon a reasonable basis substantiating the claim.
(2) An electricity supplier making an expressed or implied claim relating to any aspect of an electricity product included in the disclosures required under section 10 of this act may substantiate the claims with the information required to be disclosed under those sections.
(3) Electricity suppliers may make express or implied marketing claims relating to their projected performance if, at the time the claim is made, they possess and rely upon a reasonable basis for substantiating the claim. If the actual performance differs from the projected performance in a material way during any six-month period that an agreement is in effect, the electricity service provider shall provide the retail electric customer, in a timely manner, with a brief, written explanation for the difference and a notice that as a result of the difference, the customer has the right to change suppliers without incurring any transfer charge.
NEW SECTION. Sec. 15. (1) All electricity distribution utilities and electricity suppliers shall protect the confidentiality of proprietary information of, and relating to, retail electric customers. An electricity distribution utility or electricity supplier that receives or obtains proprietary customer information from another electricity distribution utility or electricity supplier for the purposes of providing retail electric service shall use the information only for such a purpose, and shall not use the information for its own marketing efforts.
(2) Except as required by law or with the approval of the customer, an electricity distribution utility or electricity supplier that receives or obtains proprietary customer information by virtue of its provision of electricity or related services shall only use, disclose, or permit access to individually identifiable proprietary customer information in its provision of electricity from which the information is derived or services necessary to, or used in, the provision of electricity service. Nothing in this subsection shall be construed to prohibit an electricity distribution utility or electricity supplier from using, disclosing, or permitting access to proprietary customer information obtained from its customers to initiate, render, bill, or collect for electricity and related services.
(3) An electricity distribution utility or electricity supplier shall disclose proprietary customer information, upon affirmative written request by the customer, to any person designated by the customer.
(4) An electricity distribution utility or electricity supplier that receives or obtains proprietary customer information by virtue of its provision of electricity or related services may use, disclose, or permit access to aggregate customer information other than for the purposes described in subsection (2) of this section. An electricity distribution utility may use, disclose, or permit access to aggregate customer information other than for the purposes described in subsection (2) of this section only if it provides the information to other electricity suppliers on reasonable and nondiscriminatory terms and conditions upon reasonable request of the suppliers. For the purposes of this subsection, "aggregate information" means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed. Aggregate information shall not be released without permission of the affected customers when the information concerns a group of customers that is small enough to reveal the probable usage, billing, or payment behavior of any individual members of the customer group. There is a rebuttable presumption that a customer group with less than twenty-five members meets this criteria.
NEW SECTION. Sec. 16. (1) It is an unfair or deceptive act or practice and a violation of this section for any electricity supplier to engage in the following conduct:
(a) Failing to disclose in a clear and conspicuous manner, before a retail electric customer authorizes payment for an electricity product offered:
(i) The information required in section 10 of this act;
(ii) All material restrictions, limitations, or conditions to purchase, receive, or use the products or services that are the subject of the sales offer; and
(iii) In any one-time price inducements, all material restrictions, limitations, or conditions to receive or redeem the inducement that is the subject of the sales offer;
(b) Misrepresenting, directly or by implication, any of the following:
(i) The information required in section 10 of this act;
(ii) All material restrictions, limitations, or conditions to purchase, receive, or use the products or services that are the subject of the sales offer;
(iii) In any one-time price inducements, all material restrictions, limitations, or conditions to receive or redeem the inducement that is the subject of the sales offer; or
(iv) An electricity supplier's affiliation with, or endorsement by, any government or third-party organization; or
(c) Making a false or misleading statement to induce any person to pay for electricity or other related services.
(2) For the purposes of this section, an electricity supplier includes any person authorized by the electricity supplier to market, promote, or sell electricity or other related services.
NEW SECTION. Sec. 17. (1) The acts and practices covered by sections 11 through 17 of this act vitally affect the public interest, the electricity bills of consumers, and the competitive positions of businesses and industries for the purposes of applying chapter 19.86 RCW, the consumer protection act. Unfair or deceptive methods of marketing, promoting, selling, and providing electricity and ancillary services are unreasonable in relation to the development of competitive markets for power and are injurious to the public interest.
(2) Every electricity supplier that markets, promotes, sells, or provides electricity directly to retail electric customers for delivery by the customer's electricity distribution utility must comply with the requirements of sections 11 through 17 of this act. Failure to comply with these sections constitutes an unfair or deceptive act or practice for the purposes of applying chapter 19.86 RCW, the consumer protection act.
(3) Any actions or transactions after the effective date of this act, related to the marketing, promoting, selling, or the provision of electricity directly to retail electric customers for delivery by the customer's electricity distribution utility shall not be deemed otherwise permitted, prohibited, or regulated by the commission for the purposes of establishing an exemption under RCW 19.86.170, and shall be deemed to be acting in trade or commerce for the purposes of applying chapter 19.86 RCW, the consumer protection act.
NEW SECTION. Sec. 18. Sections 1 through 6 and 10 through 13 of this act constitute a new chapter in Title 18 RCW.
NEW SECTION. Sec. 19. 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."
Correct the title.
Representatives Poulsen and Morris spoke in favor of the adoption of the amendment.
Representative Crouse spoke against the adoption of the amendment.
The amendment to the committee amendment was not adopted.
The Speaker stated the question before the House to be the committee amendment(s) as amended. The committee amendment(s) as amended were adopted.
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 Cooper 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. 6560, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6560, as amended by the House, 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, 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.
Absent: Representative Mason - 1.
Engrossed Substitute Senate Bill No. 6560, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House immediately reconsidered the vote on Engrossed Substitute Senate Bill No. 6560.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6560, as amended by the House on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6560, as amended by the House on reconsideration 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.
Engrossed Substitute Senate Bill No. 6560, as amended by the House, on reconsideration, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6600, by Senate Committee on Education (originally sponsored by Senators T. Sheldon, Hochstatter, Long, Kohl, Oke and Winsley; by request of Superintendent of Public Instruction)
Establishing an education program for juveniles incarcerated in adult correctional facilities.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Education 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.
There being no objection, the House deferred consideration of Engrossed Substitute Senate Bill No. 6600 and the bill held its place on third reading.
ENGROSSED SENATE BILL NO. 5499, by Senators Roach, Johnson, Goings, Jacobsen, Haugen, Horn, Zarelli, McCaslin, Long, Franklin, Winsley, Oke and Rasmussen
Defining when an assault on a bus driver constitutes assault in the third degree.
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 Lambert and Constantine 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. 5499.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5499 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.
Engrossed Senate Bill No. 5499, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5636, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Oke, Swecker, Rossi and Horn)
Revising health inspection warrants for local health officers in response to pollution in commercial or recreational shellfish harvesting areas.
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, 46th Day, February 26, 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.
MOTION
On motion of Representative Kessler, Representative Mason was excused.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5636, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5636, 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, 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 Mason - 1.
Substitute Senate Bill No. 5636, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5760, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Franklin, Deccio, Thibaudeau, Winsley and Kohl)
Authorizing courts to order evaluation and treatment of mentally ill offenders.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Criminal Justice & Corrections and 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 and Quall 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. 5760, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5760, 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, 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 Mason - 1.
Engrossed Substitute Senate Bill No. 5760, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6150, by Senate Committee on Natural Resources & Parks (originally sponsored by Senator Swecker)
Requiring recommendations concerning selective fishing strategies.
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 Substitute Senate Bill No. 6150.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6150 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, 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 Mason - 1.
Substitute Senate Bill No. 6150, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 6190, by Senate Committee on Transportation (originally sponsored by Senators Oke, Goings, Bauer, Haugen, Wood and Fraser)
Strengthening laws on disabled persons' parking permits.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Transportation Policy & Budget 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 Scott and Robertson 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. 6190, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6190, 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, 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 Mason - 1.
Second Substitute Senate Bill No. 6190, 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. 6208 and the bill held its place on second reading.
SECOND SUBSTITUTE SENATE BILL NO. 6264, by Senate Committee on Ways & Means (originally sponsored by Senators Oke, Rasmussen, Morton, Swecker and Anderson)
Providing for the mass marking of chinook salmon.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Natural Resources as amended by the Committee on Appropriations was 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 Buck and Alexander spoke in favor of passage of the bill.
Representatives Regala and Doumit spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 6264, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6264, as amended by the House, and the bill passed the House by the following vote: Yeas - 62, Nays - 35, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Costa, Crouse, DeBolt, Delvin, Dunshee, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lantz, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 62.
Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Dickerson, Doumit, Dunn, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Linville, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 35.
Excused: Representative Mason - 1.
Second Substitute Senate Bill No. 6264, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6346, by Senate Committee on Transportation (originally sponsored by Senators Johnson and Heavey)
Allowing withdrawals from regional transportation authorities.
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 Cairnes and Fisher 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. 6346.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6346 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.
Substitute Senate Bill No. 6346, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6352, by Senators Wood and Haugen; by request of Washington State Patrol
Specifying examination eligibility requirements for Washington state patrol officers.
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 K. Schmidt spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6352.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6352 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.
Senate Bill No. 6352, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6492, by Senate Committee on Law & Justice (originally sponsored by Senators Newhouse, Deccio, Johnson, Loveland and McCaslin; by request of Board for Judicial Administration)
Creating two new superior court positions for Yakima county.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Honeyford 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. 6492.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6492 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, 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 and Zellinsky - 97.
Absent: Representative Mr. Speaker - 1.
Engrossed Substitute Senate Bill No. 6492, having received the constitutional majority, was declared passed.
Representative Carlson, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Engrossed Substitute Senate Bill No. 6492. The motion was carried.
MOTION
On motion of Representative Kessler, Representatives Keiser and Morris were excused.
RECONSIDERATION
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6492 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6492 on reconsideration 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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, 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.
Excused: Representatives Keiser and Morris - 2.
Engrossed Substitute Senate Bill No. 6492, on reconsideration, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6581, by Senators Roach and Fairley
Revising standards for determining child support obligations.
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 Constantine spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6581.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6581 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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, 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.
Excused: Representatives Keiser and Morris - 2.
Senate Bill No. 6581, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6605, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Morton and Rasmussen)
Creating lien rights for owners of sires providing semen for artificial insemination.
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 Mastin 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. 6605.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6605 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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, 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.
Excused: Representatives Keiser and Morris - 2.
Substitute Senate Bill No. 6605, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6655, by Senate Committee on Higher Education (originally sponsored by Senators West and Brown)
Changing the Spokane intercollegiate research and technology institute.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Higher Education was before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)
Representative Gombosky moved the adoption of amendment (1121) to the committee amendment:
On page 1, line 9, of the amendment, beginning with "The", strike all material through "Cheney." on page 1, line 29, and insert the following:
"The legislature intends that assessments and studies of higher education in Spokane be completed and delivered to the legislature for consideration."
On page 6, line 24, of the amendment, after "Sec. 3." strike everything through "(2)" on line 33.
On page 7, line 9, of the amendment, strike all of Sections 5, 6, 7, and 8
On page 13, line 25, of the amendment, after "Sec. 17." strike the remainder of the section and insert the following:
"RCW 28B.10.060 and 1991 c 205 s 1 & 1989 1st ex.s. c 7 s 10 are each repealed."
On page 14, line 9, of the amendment, strike all of Section 19.
Renumber sections accordingly and correct internal references.
Representatives Gombosky and Wood spoke in favor of the adoption of the amendment to the committee amendment.
Representative Carlson 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 1121 to the committee amendment.
ROLL CALL
The Clerk called the roll on the adoption of amendment 1121 to the committee amendment, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 58, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Kenney, Kessler, Lantz, Linville, Mason, Murray, O'Brien, Poulsen, Quall, Regala, Romero, Scott, Sommers, D., Sullivan, Tokuda, Veloria, Wolfe and Wood - 38.
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, Ogden, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 58.
Excused: Representatives Keiser and Morris - 2.
Representative Sheahan moved the adoption of amendment (1098) to the committee amendment.
On page 4, line 26, strike all of subsection (d) and insert the following:
"(d) Ensuring that undergraduate and graduate programs that are offered at the Washington State University Spokane branch campus do not duplicate undergraduate or graduate programs offered by Eastern Washington University at Cheney;"
Representatives Sheahan and Gombosky spoke in favor of the adoption of the amendment to the committee amendment.
Representative Carlson spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
The Speaker stated the question to be adoption of the committee amendment. The committee amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Carlson spoke in favor of passage of the bill.
Representatives Wood and Gombosky spoke against passage of the bill.
MOTION
On motion by Representative Kessler, Representatives Quall and Mason were excused.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6655, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6655, as amended by the House, and the bill passed the House by the following vote: Yeas - 64, Nays - 30, Absent - 0, Excused - 4.
Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Cooper, Crouse, DeBolt, Delvin, Dunn, Dyer, Eickmeyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kenney, Koster, Lambert, Lantz, Lisk, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Ogden, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 64.
Voting nay: Representatives Anderson, Butler, Chopp, Cody, Cole, Constantine, Conway, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Kastama, Kessler, Linville, Mastin, Murray, O'Brien, Parlette, Poulsen, Regala, Romero, Scott, Tokuda, Van Luven, Veloria, Wolfe and Wood - 30.
Excused: Representatives Keiser, Mason, Morris and Quall - 4.
Substitute Senate Bill No. 6655, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6698, by Senator McCaslin
Revising timelines for the salary commission.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Government Administration 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 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 Senate Bill No. 6698, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6698, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, 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.
Excused: Representatives Keiser, Mason, Morris and Quall - 4.
Senate Bill No. 6698, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6699, by Senators Schow, Anderson, Newhouse, Zarelli, Horn, Winsley, Stevens, Benton, Rossi, Long, Sellar and Oke
Limiting the liability of a current or former employer who provides information about a current or former employee's work record to a prospective employer.
The bill was read the second time.
Representative Sheahan moved the adoption of amendment (1127):
On page 1, line 13, strike "employee's job performance, conduct, or other work-related information" and insert "employee"
On page 1, line 14, after "employer" strike ","
On page 1, line 15, after "consequences" insert "if the disclosed information relates to: (1) the employee's ability to perform his or her job; (2) the diligence, skill or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee"
Representatives Sheahan and Lantz spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Hickel moved the adoption of amendment (1128):
On page 2, line 1, after "knowingly false" strike "or deliberately misleading" and insert ", deliberately misleading, or was made with malice or a reckless disregard of its truthfulness. Nothing in this act shall impact any other existing protections or remedies available under state or federal law or any provision of a written contract"
Representatives Hickel, Linville, Ogden, Lantz, Kessler, Kastama, Eickmeyer, Doumit, Appelwick and Costa spoke in favor of the adoption of the amendment.
Representatives Sheahan, Mastin, DeBolt and Huff 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 1128 to Senate Bill No. 6699.
ROLL CALL
The Clerk called the roll on the adoption of amendment 1128 to Senate Bill No. 6699, and the amendment was adopted by the following vote: Yeas - 49, Nays - 48, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Kastama, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Scott, Sommers, H., Sullivan, Thomas, B., Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood and Zellinsky - 49.
Voting nay: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dyer, Hankins, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, L., Thompson and Mr. Speaker - 48.
Excused: Representative Keiser - 1.
Representative Wensman, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on amendment 1128 to Senate Bill No. 6699.
Division was demanded. The Speaker divided the House. The results of the division was 57-YEAS; 40-NAYS. The motion was carried.
RECONSIDERATION
The Speaker stated the question before the House to be adoption of amendment 1128 on reconsideration to Senate Bill No. 6699.
ROLL CALL
The Clerk called the roll on the adoption of amendment 1128 on reconsideration to Senate Bill No. 6699 and the amendment was not adopted by the following vote: Yeas - 46, Nays - 51, 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, Hickel, Kastama, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood and Zellinsky - 46.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson and Mr. Speaker - 51.
Excused: Representative Keiser - 1.
With the consent of the House, amendment number 1060 to Senate Bill No. 6699 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carlson, Huff and Dyer spoke in favor of passage of the bill.
Representatives Lantz, Constantine and Conway spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6699, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6699, as amended by the House, and the bill passed the House by the following vote: Yeas - 55, Nays - 42, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dyer, Hankins, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, 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 and Mr. Speaker - 55.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Hickel, Kastama, Kenney, Kessler, Lantz, Linville, Mason, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe, Wood and Zellinsky - 42.
Excused: Representative Keiser - 1.
Senate Bill No. 6699, as amended by the House, having received the constitutional majority, was declared passed.
I intended to vote YEA on Senate Bill No. 6699.
JIM DUNN, 17th District
The Speaker called upon Representative Pennington to preside.
ENGROSSED SENATE BILL NO. 6257, by Senators Strannigan, Roach, Goings, Anderson, Long, Oke, Swecker, Benton, Wood, Stevens, Rasmussen and Patterson
Lowering statutory levels for legal alcohol intoxication.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Law & Justice as amended by the Committee on Appropriations was adopted. (For committee amendments, 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 Sheahan, Costa, Appelwick, O'Brien spoke in favor of passage of the bill.
Representatives B. Thomas spoke against the passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 6257, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6257, as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, 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, 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, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representatives Dunn, Thomas, B. - 2.
Excused: Representative Keiser - 1.
Engrossed Senate Bill No. 6257, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6166, by Senate Committee on Law & Justice (originally sponsored by Senators Rossi, Roach, Fairley, Goings, T. Sheldon, McCaslin, Strannigan, Zarelli, Long, Deccio, Oke, Rasmussen, Wood, Kline, Schow, Patterson, Swecker, Stevens, Haugen, McAuliffe, Kohl, Johnson and Benton)
Increasing penalties for drunk driving.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Law & Justice as amended by the Committee on Appropriations was 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.)
With the consent of the House, amendment number 1094 to Engrossed Substitute Senate Bill No. 6166 was withdrawn.
Representative Sheahan moved the adoption of amendment (1098) to the committee amendment:
On page 16, after line 23 of the amendment, insert the following:
"NEW SECTION. Sec. 6. This act takes effect January 1, 1999."
Representative Sheahan 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 was the adoption of the committee amendment 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 Sheahan 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 Engrossed Substitute Senate Bill No. 6166, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6166, 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. 6166, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6293, by Senate Committee on Transportation (originally sponsored by Senators Benton, Roach, T. Sheldon, Rossi, McDonald and Oke)
Establishing penalties for drunk driving.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Appropriations was not adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)
With the consent of the House, amendment 1125 was withdrawn.
Representative Sheahan moved the adoption of amendment (1140):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:
(1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or
(b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.
(2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than one year((. Thirty days of the imprisonment)) and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or
(b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than one year((. Forty-five days of the imprisonment)) and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.
(3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than one year((. Ninety days of the imprisonment)) and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or
(b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor more than one year((. One hundred twenty days of the imprisonment)) and one hundred fifty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.
(4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.
(5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.
(6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.
(7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.
(8) For purposes of this section:
(a) "Electronic home monitoring" shall not be considered confinement as defined in RCW 9.94A.030;
(b) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(v) A conviction for a violation of RCW 46.61.5249 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(vi) An out-of-state conviction for a violation that would have been a violation of (((a))) (b)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522((.)); and
(((b))) (c) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.
Sec. 2. RCW 46.65.070 and 1990 c 250 s 62 are each amended to read as follows:
No license to operate motor vehicles in Washington shall be issued to an habitual offender (1) for a period of ((five)) seven years from the date of the license revocation except as provided in RCW 46.65.080, and (2) until the privilege of such person to operate a motor vehicle in this state has been restored by the department of licensing as provided in this chapter.
Sec. 3. RCW 46.65.080 and 1979 c 158 s 181 are each amended to read as follows:
At the end of ((two)) four years, the habitual offender may petition the department of licensing for the return of his operator's license and upon good and sufficient showing, the department of licensing may, wholly or conditionally, reinstate the privilege of such person to operate a motor vehicle in this state.
Sec. 4. RCW 46.65.100 and 1979 c 158 s 182 are each amended to read as follows:
At the expiration of ((five)) seven years from the date of any final order finding a person to be an habitual offender and directing him not to operate a motor vehicle in this state, such person may petition the department of licensing for restoration of his privilege to operate a motor vehicle in this state. Upon receipt of such petition, and for good cause shown, the department of licensing shall restore to such person the privilege to operate a motor vehicle in this state upon such terms and conditions as the department of licensing may prescribe, subject to the provisions of chapter 46.29 RCW and such other provisions of law relating to the issuance or revocation of operators' licenses.
NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as follows:
(1) A defendant who is arrested for an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, shall be required to appear in person before a magistrate within one judicial day after the arrest if the defendant is served with a citation or complaint at the time of the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, and who is not arrested, shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3) At the time of an appearance required by this section, the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment.
(4) Appearances required by this section are mandatory and may not be waived.
NEW SECTION. Sec. 6. This act takes effect January 1, 1999."
Correct the title.
With the consent of the House, amendment 1141 to amendment (1140) was withdrawn.
Representative Delvin moved the adoption of amendment (1126) to amendment (1140):
On page 6, line 12 of the amendment, strike "two" and insert "((two)) five"
Representatives Delvin, Sheahan and Costa spoke in favor of the adoption of the amendment.
The amendment to the amendment was adopted.
The Speaker (Representative Pennington presiding) stated the question before the House to be the adoption of amendment (1140) as amended. 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 Sheahan 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 Engrossed Second Substitute Senate Bill No. 6293, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6293, 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, 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, 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 - 96.
Voting nay: Representative Appelwick - 1.
Excused: Representative Keiser - 1.
Engrossed Second Substitute Senate Bill No. 6293, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6142, by Senators Kline, Roach, Patterson, Fairley, Swecker, T. Sheldon, Goings, Rasmussen, Oke and Benton
Imposing administrative license suspensions on first-time DUI offenders.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Law & Justice and 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 Sheahan, Costa and Sterk spoke in favor of passage of the bill.
Representatives Appelwick and Clements spoke against passage of the bill.
Representative Sheahan again 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. 6142, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6142, as amended by the House, and the bill passed the House by the following vote: Yeas - 67, Nays - 30, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Cody, Cole, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dunshee, Dyer, Hankins, Hatfield, Hickel, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lantz, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Pennington, Radcliff, Reams, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Zellinsky and Mr. Speaker - 67.
Voting nay: Representatives Appelwick, Butler, Chopp, Clements, Constantine, Dickerson, Doumit, Dunn, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Honeyford, Kenney, Linville, Lisk, Mason, Mastin, Murray, Parlette, Poulsen, Quall, Regala, Robertson, Scott, Veloria, Wensman, Wolfe and Wood - 30.
Excused: Representative Keiser - 1.
Engrossed Senate Bill No. 6142, as amended by the House, having received the constitutional majority, was declared passed.
I intended to vote YEA on Engrossed Senate Bill No. 6142.
JIM DUNN, 17th District
ENGROSSED SUBSTITUTE SENATE BILL NO. 6165, by Senate Committee on Law & Justice (originally sponsored by Senators Rossi, Roach, Rasmussen, Goings, T. Sheldon, McCaslin, Strannigan, Zarelli, Long, Deccio, Oke, Kline, Wood, Schow, Swecker, Stevens, Haugen, Johnson, Benton and Winsley)
Directing mandatory ignition interlocks for DUI offenders.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Appropriations was not adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)
With the consent of the House, amendment 1049 was withdrawn.
Representative Sheahan moved the adoption of amendment (1143):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 10.05.150 and 1985 c 352 s 17 are each amended to read as follows:
A deferred prosecution program for alcoholism shall be for a two-year period and shall include, but not be limited to, the following requirements:
(1) Total abstinence from alcohol and all other nonprescribed mind-altering drugs;
(2) Participation in an intensive inpatient or intensive outpatient program in a state-approved alcoholism treatment ((facility)) program;
(3) Participation in a minimum of two meetings per week of an alcoholism self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program;
(4) Participation in an alcoholism self-help recovery support group, as determined by the assessing agency, from the date of court approval of the plan to entry into intensive treatment;
(5) Operation of a motor vehicle only if equipped with a functioning ignition interlock or other biological device as authorized by RCW 46.20.720 and only with a driver's license imprinted with a notation as required by RCW 46.20.740. The court may waive the requirement for the use of such a device if the court makes a specific finding in writing that such devices are not reasonably available in the local area;
(6) Not less than weekly approved outpatient counseling, group or individual, for a minimum of six months following the intensive phase of treatment;
(((6))) (7) Not less than monthly outpatient contact, group or individual, for the remainder of the two-year deferred prosecution period;
(((7))) (8) The decision to include the use of prescribed drugs, including disulfiram, as a condition of treatment shall be reserved to the treating facility and the petitioner's physician;
(((8))) (9) All treatment within the purview of this section shall occur within or be approved by a state-approved alcoholism *treatment facility as described in chapter 70.96A RCW;
(((9))) (10) Signature of the petitioner agreeing to the terms and conditions of the treatment program.
NEW SECTION. Sec. 2. This act takes effect January 1, 1999."
Correct the title.
Representatives Sheahan, Dyer, Alexander and Mulliken spoke in favor of the adoption of the amendment.
Representatives Appelwick and Constantine spoke against the adoption of the amendment.
Division was demanded. The Speaker (Representative Pennington presiding) divided the House. The results of the division was 51-YEAS; 46-NAYS. 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 Sheahan, Costa and Dyer spoke in favor of passage of the bill.
Representative Appelwick 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. 6165, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6165, as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 6, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Eickmeyer, Fisher, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, 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, Wood, Zellinsky and Mr. Speaker - 91.
Voting nay: Representatives Appelwick, Constantine, Dunn, Gardner, Murray and Wolfe - 6.
Excused: Representative Keiser - 1.
Engrossed Substitute Senate Bill No. 6165, as amended by the House, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6431, by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Goings, Rasmussen, T. Sheldon, Rossi, Stevens, Long, Hochstatter, Oke, Swecker, McCaslin, Morton, Johnson, Deccio, Sellar and Haugen)
Providing for impoundment and forfeiture of vehicles operated by persons driving a vehicle or in actual physical control of a vehicle while under the influence of intoxicating liquor.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Law & Justice was not adopted. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)
With the consent of the House, amendment 1050 was withdrawn.
Representative Sheahan moved the adoption of amendment (1144):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that in 1996 drunk drivers were involved in two hundred eighty-five fatal accidents killing three hundred thirty-one people and six thousand four hundred fifty injury accidents injuring ten thousand three hundred twenty-six people. The legislature has increased criminal penalties, including longer mandatory minimum jail sentences and fines, in order to punish and deter drunk driving. In addition to criminal sanctions, however, the legislature finds that authorizing the immediate impoundment of vehicles driven by drunk drivers is reasonably necessary to increase traffic safety and reduce the carnage caused by drunk driving. A number of studies in states that have adopted impound laws have found them effective in reducing drunk driving and related fatalities. Repeat drunk drivers are more likely to continue to reoffend and are substantially more likely to cause a fatal collision than first-time offenders. Temporary impoundment for first-time offenders will reduce drunk drivers' access to vehicles and help both prevent and deter drunk driving. The impoundment of a vehicle operated in violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, is intended to be a civil in rem action against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle accessible to a driver who is reasonably believed to have violated these laws.
Sec. 2. RCW 46.55.113 and 1997 c 66 s 7 are each amended to read as follows:
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, the ((arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety)) vehicle is subject to impoundment, pursuant to applicable local ordinance or state agency rule at the direction of a law enforcement officer. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
(5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;
(7) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420.
Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
Sec. 3. RCW 46.55.120 and 1996 c 89 s 2 are each amended to read as follows:
(1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, or 46.55.113 may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, any person redeeming a vehicle impounded because the driver was arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, must prior to redemption establish with the agency that ordered the vehicle impounded that he or she has a valid driver's license and is in compliance with RCW 46.30.020. A vehicle impounded because the driver is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, may be released only pursuant to a written order from the agency that ordered the vehicle impounded, or pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to thirty days if the operator has no prior offense as defined in RCW 46.61.5055(8), for up to sixty days if the operator has one such prior offense, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, the vehicle may not be released until a person eligible to redeem it pays all towing, removal, and storage fees, notwithstanding the fact that the impoundment was ordered by a government agency.
(b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district or municipal court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in the small claims department of a district court. If the hearing request is not received by the district or municipal court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the ((district)) court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The ((district)) court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court ((may)) shall consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the ((district)) court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer had probable cause to believe the driver of the vehicle was in violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., 19. . .
Signature . . . . . . . . . . . .. . . . . . .. . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
Sec. 4. RCW 46.12.095 and 1969 ex.s. c 170 s 16 are each amended to read as follows:
A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of ownership is required is perfected only by compliance with the requirements of section 6 of this act under the circumstances provided for therein or by compliance with the requirements of this section:
(1) A security interest is perfected ((only)) by the department's receipt of: (a) The existing certificate, if any, and (b) an application for a certificate of ownership containing the name and address of the secured party, and (c) tender of the required fee.
(2) It is perfected as of the time of its creation: (a) If the papers and fee referred to in ((the preceding)) subsection (1) of this section are received by this department within ((eight department business)) twenty calendar days ((exclusive)) of the day on which the security agreement was created; or (b) if the secured party's name and address appear on the outstanding certificate of ownership; otherwise, as of the date on which the department has received the papers and fee required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:
(a) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, the following rules apply:
(b) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the security interest continues perfected in this state. The name of the secured party shall be shown on the certificate of ownership issued for the vehicle by this state. The security interest continues perfected in this state upon the issuance of such ownership certificate.
(c) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state; in that case, perfection dates from the time of perfection in this state.
Sec. 5. RCW 46.12.101 and 1991 c 339 s 19 are each amended to read as follows:
A transfer of ownership in a motor vehicle is perfected by compliance with the requirements of this section.
(1) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment to the transferee and provide an odometer disclosure statement under RCW 46.12.124 on the certificate of ownership or as the department otherwise prescribes, and cause the certificate and assignment to be transmitted to the transferee. ((Within five days, excluding Saturdays, Sundays, and state and federal holidays,)) The owner shall notify the department or its agents or subagents, in writing, on the appropriate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, the transferee's driver's license number if available, and such description of the vehicle, including the vehicle identification number, the license plate number, or both, as may be required in the appropriate form provided or approved for that purpose by the department. The report of sale will be deemed properly filed if all information required in this section is provided on the form and includes a department-authorized notation that the document was received by the department, its agents, or subagents on or before the fifth day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Agents and subagents shall immediately electronically transmit the seller's report of sale to the department. Reports of sale processed and recorded by the department's agents or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b).
(2) The requirements of subsection (1) of this section to provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and then to the lessor at the end of the leasehold and to vehicles held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW ((46.12.120)) 46.70.122 the transferee shall within fifteen days after delivery to the transferee of the vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate or as the department prescribes, and cause the certificates and application to be transmitted to the department.
(4) Upon request of the owner or transferee, a secured party in possession of the certificate of ownership shall, unless the transfer was a breach of its security agreement, either deliver the certificate to the transferee for transmission to the department or, when the secured party receives the owner's assignment from the transferee, it shall transmit the transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance with this section does not affect the rights of the secured party.
(5) If a security interest is reserved or created at the time of the transfer, the certificate of ownership shall be retained by or delivered to the person who becomes the secured party, and the parties shall comply with the provisions of RCW 46.12.170.
(6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by:
(a) The department requesting additional supporting documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five days after the date of delivery of the vehicle is a misdemeanor.
(7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary, the department shall, if the application is in order and if all provisions relating to the certificate of ownership and license registration have been complied with, issue new certificates of title and license registration as in the case of an original issue and shall transmit the fees together with an itemized detailed report to the state treasurer, to be deposited in the motor vehicle fund.
(8) Once each quarter the department shall report to the department of revenue a list of those vehicles for which a seller's report has been received but no transfer of title has taken place.
NEW SECTION. Sec. 6. A new section is added to chapter 46.12 RCW to read as follows:
(1) The purpose of a transitional ownership record is to enable a security interest in a motor vehicle to be perfected in a timely manner when the certificate of ownership is not available at the time the security interest is created, and to provide for timely notification to security interest holders under chapter 46.55 RCW.
(2) A transitional ownership record is only acceptable as an ownership record for vehicles currently stored on the department's computer system and if the certificate of ownership or other authorized proof of ownership for the motor vehicle:
(a) Is not in the possession of the selling vehicle dealer or new security interest holder at the time the transitional ownership record is submitted to the department; and
(b) To the best of the knowledge of the selling dealer or new security interest holder, the certificate of ownership will not be received for submission to the department within twenty calendar days of the date of sale of the vehicle, or if no sale is involved, within twenty calendar days of the date the security agreement or contract is executed.
(3) A person shall submit the transitional ownership record to the department or to any of its agents or subagents. Agents and subagents shall immediately electronically transmit the transitional ownership records to the department. A transitional ownership document processed and recorded by an agent or subagent may be subject to fees as specified in RCW 46.01.140(4)(a) or (5)(b).
(4) "Transitional ownership record" means a record containing all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;
(e) The vehicle identification number, the license plate number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest holder who is submitting the transitional ownership record; and
(g) The transferee's driver's license number, if available.
(5) The report of sale form prescribed or approved by the department under RCW 46.12.101 may be used by a vehicle dealer as the transitional ownership record.
(6) Notwithstanding RCW 46.12.095 (1) and (2), compliance with the requirements of this section shall result in perfection of a security interest in the vehicle as of the time the security interest was created. Upon receipt of the certificate of ownership for the vehicle, or upon receipt of written confirmation that only an electronic record of ownership exists or that the certificate of ownership has been lost or destroyed, the selling dealer or new security interest holder shall promptly submit the same to the department together with an application for a new certificate of ownership containing the name and address of the secured party and tender the required fee as provided in RCW 46.12.095(1)."
Correct the title.
Representative B. Thomas moved the adoption of amendment (1130) to amendment (1144):
On page 2, line 2 of the amendment, after "officer" insert ". Impoundment under such an ordinance or rule may occur only if the driver of the vehicle has refused to take a test of his or her breath or blood alcohol concentration or if he or she has taken such a test and the test indicates a concentration at or above the concentration specified in RCW 46.61.502"
Representatives B. Thomas, Dyer and Constantine spoke in favor of the adoption of the amendment to the amendment.
Representative Sterk spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
Representative B. Thomas moved the adoption of amendment (1129) to amendment (1144):
On page 6, after line 37 of the amendment, insert the following:
"(f) In the case of an impoundment imposed under a local ordinance or state agency rule and arising from an alleged violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 56.61.522 if committed while under the influence, the registered and legal owners of the vehicle are entitled to recover from the applicable agency or local government all costs related to the impoundment if the driver of the vehicle is acquitted of the alleged violation or if the charges against the driver are dismissed or reduced to some other charge."
Representatives B. Thomas, Sheahan, Appelwick and B. Thomas (again) spoke in favor of the adoption of the amendment to the amendment.
Representatives Costa and Robertson spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
With the consent of the House, amendment 1135 was withdrawn.
Representative Carrell moved the adoption of amendment (1153) to amendment (1144):
On page 7, after line 8 of the amendment, insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 46.55 RCW to read as follows:
(1) This section applies to an impoundment of a vehicle when a driver is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, as provided for in RCW 46.55.113 and 46.55.120 and the driver has no prior offense as defined in RCW 46.61.5505(8).
(2) Any local government ordinance or state agency rule that provides for impoundment and redemption of vehicles may allow for alternative home impoundment of vehicles for all or part of the thirty day impoundment period authorized in RCW 46.55.120. Home impoundment is an alternative to impoundment by a registered tow truck operator. Home impoundment consists of removing a vehicle to the registered owner's residence or other property, or to another place authorized by the ordinance or rule, and placing a boot or other device on the vehicle to render it immobile. The rule or ordinance of a jurisdiction authorizing home impoundment may provide for implementation of the home impoundment program through the jurisdiction's own agencies and by means of its own impoundment devices, or through registered tow truck operators and by means of devices provided by registered tow truck operators, or by some combination of such methods. The rule or ordinance of a jurisdiction authorizing home impoundment shall allow the driver of the vehicle to elect whether to be subject to impoundment under RCW 46.5.120 or home impoundment under this section.
(3) Before any home impoundment is begun, the vehicle must be redeemed as provided for in RCW 46.55.120 if any impoundment has occurred under that section, and any towing fee incurred in getting the vehicle to the place of home impoundment must be paid.
(4) At the end of the period of home impoundment, the vehicle may be released only after all applicable fees have been paid and only after all other obligations imposed by rule or ordinance have been met, and only to a person who would qualify to redeem an impounded vehicle under RCW 46.55.120.
(5) A local ordinance or state agency rule may provide for impoundment by a registered tow truck operator if at the end of the period of home impoundment there is no qualified person to whom the vehicle may be released.
(6)(a) A local ordinance or state agency rule may provide that if the boot or other device on a vehicle in home impoundment is tampered with, damaged, removed or rendered inoperative, the vehicle may be immediately impounded and held for an additional period of time, not to exceed thirty days.
(b) Any person seeking to redeem a vehicle impounded by a registered tow truck operator under this section has a right to a hearing to contest the validity of the impoundment as provided in RCW 46.55.120.
(c) The vehicle may be released only upon payment of all applicable fees, including any fees for damage to the boot or other device, and upon compliance with the redemption requirements of RCW 46.55.120, including the payment of all towing, removal, and storage fees.
(d) A local ordinance may provide criminal penalties for tampering, damaging, removing or rendering inoperative the boot or other device used in a home impoundment."
Renumber the remaining sections and correct the title.
Representatives Carrell and Lambert spoke in favor of the adoption of the amendment to the amendment.
Representatives McDonald and Zellinsky spoke against the adoption of the amendment to the amendment.
Representative Carrell again spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Sheahan moved the adoption of amendment (1145) to amendment (1144):
On page 11, after line 31 of the amendment, insert the following:
"NEW SECTION. Sec. 7. This act takes effect January 1, 1999."
Representative Sheahan spoke in favor of the adoption of the amendment to the amendment.
The amendment to the amendment was adopted.
The Speaker stated the question before the House to be adoption of amendment (1144) as amended. The 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 Sheahan and McDonald spoke in favor of passage of the bill.
Representatives Appelwick, B. Thomas, Costa and Eickmeyer spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6431, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6431, as amended by the House, and the bill failed to passed the House by the following vote: Yeas - 14, Nays - 83, Absent - 0, Excused - 1.
Voting yea: Representatives Benson, Bush, Chopp, Lambert, McDonald, Parlette, Robertson, Sheahan, Sommers, D., Sterk, Thomas, L., Van Luven, Zellinsky and Mr. Speaker - 14.
Voting nay: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Boldt, Buck, Butler, Cairnes, Carlson, Carrell, Chandler, 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, Kenney, Kessler, Koster, Lantz, Linville, Lisk, Mason, Mastin, McCune, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sherstad, Skinner, Smith, Sommers, H., Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Veloria, Wensman, Wolfe and Wood - 83.
Excused: Representative Keiser - 1.
Engrossed Substitute Senate Bill No. 6431, as amended by the House, having failed to receive the constitutional majority, was declared lost.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6408, by Senate Committee on Law & Justice (originally sponsored by Senators McCaslin, Kline, Long, Fairley, Stevens, Hargrove, Zarelli, Johnson, Thibaudeau, Haugen, Schow, Roach and Oke)
Increasing penalties for alcohol violators who commit the offense with a person under the age of ten in the motor vehicle.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Law & Justice was before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)
Representative Appelwick moved the adoption of amendment (1147) to the committee amendment:
On page 5, line 7 of the amendment, strike "a person under the age of ten" and insert "another person or persons"
Representatives Appelwick and Sheahan 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, amendments 1030, 1082, 1083 and 1084 were withdrawn.
There being no objection, Rule 13C was suspended.
The Speaker stated the question before the House to be adoption of the committee amendment by the Committee on Law & Justice 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 Sheahan, Costa, Appelwick and Clements 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. 6408, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6408, 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, 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.
Excused: Representative Keiser - 1.
Engrossed Substitute Senate Bill No. 6408, as amended by the House, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 5, 1998
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2894 with the following amendment(s):
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The purpose of this act is to reallocate the general fund portion of the state's motor vehicle excise tax revenues among the taxpayers, local governments, and the state's transportation programs. By reallocating motor vehicle excise taxes, the state revenue portion can be dedicated to increased transportation funding purposes. Since the general fund currently has a budget surplus, due to a strong economy, the legislature feels that this reallocation is an appropriate short-term solution to the state's transportation needs and is a first step in meeting longer-term transportation funding needs. These reallocated funds must be used to provide relief from traffic congestion, improve freight mobility, and increase traffic safety.
In reallocating general fund resources, the legislature also ensures that other programs funded from the general fund are not adversely impacted by the reallocation of surplus general fund revenues. The legislature also adopts this act to continue the general fund revenue and expenditure limitations contained in chapter 43.135 RCW after this one-time transfer of funds.
In order to develop a long-term and comprehensive solution to the state's transportation problems, a joint committee will be created to study the state's transportation needs and the appropriate sources of revenue necessary to implement the state's long-term transportation needs as provided in section 22 of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 82.44 RCW to read as follows:
(1) Beginning with motor vehicle registrations that are due or become due in July 1999, a credit is authorized against the tax imposed under RCW 82.44.020(1) on each personal-use motor vehicle equal to the lesser of the tax otherwise due under RCW 82.44.020(1) or thirty dollars.
(2) For the purposes of this section, "personal-use motor vehicle" means a vehicle registered to a private individual, not owned by a business, and designated in one of the following use classes: (a) Passenger; (b) truck with a weight not to exceed six thousand pounds; or (c) motorcycle.
Sec. 3. RCW 82.44.020 and 1993 sp.s. c 23 s 61 are each amended to read as follows:
(1) An excise tax is imposed for the privilege of using in the state any motor vehicle, except those operated under reciprocal agreements, the provisions of RCW 46.16.160 ((as now or hereafter amended)), or dealer's licenses. The annual amount of such excise tax shall be two and two-tenths percent of the value of such vehicle.
(2) ((An additional excise tax is imposed, in addition to any other tax imposed by this section, for the privilege of using in the state any such motor vehicle, and the annual amount of such additional excise shall be two-tenths of one percent of the value of such vehicle.
(3) Effective with October 1992 motor vehicle registration expirations,)) A clean air excise tax is imposed in addition to any other tax imposed by this section for the privilege of using in the state any motor vehicle as defined in RCW 82.44.010, except that farm vehicles as defined in RCW 46.04.181 shall not be subject to the tax imposed by this subsection. The ((annual amount of the additional excise tax shall be two dollars and twenty-five cents. Effective with July 1994 motor vehicle registration expirations, the)) annual amount of additional excise tax shall be two dollars.
(((4))) (3) An additional excise tax is imposed on truck-type power units that are used in combination with a trailer to transport loads in excess of forty thousand pounds combined gross weight. The annual amount of such additional excise tax shall be fifty-eight one-hundredths of one percent of the value of the vehicle.
The department shall distribute the additional tax collected under this subsection as follows:
(a) For each trailing unit subject to subsection (((5))) (4) of this section, an amount equal to the clean air excise tax prescribed in subsection (((3))) (2) of this section shall be distributed in the manner prescribed in RCW 82.44.110(((3))) (2);
(b) ((Of)) The remainder of the additional excise tax collected under this subsection((, ten percent shall be distributed in the manner prescribed in RCW 82.44.110(2) and ninety percent)) shall be distributed in the manner prescribed in RCW 82.44.110(1). This tax shall not apply to power units used exclusively for hauling logs.
(((5))) (4) The excise taxes imposed by subsections (1) ((through (3))) and (2) of this section shall not apply to trailing units which are used in combination with a power unit subject to the additional excise tax imposed by subsection (((4))) (3) of this section. This subsection shall not apply to trailing units used for hauling logs.
(((6))) (5) In no case shall the total tax be less than two dollars except for proportionally registered vehicles and except for vehicles on which a credit is granted under section 2 of this act.
(((7))) (6) Washington residents, as defined in RCW 46.16.028, who license motor vehicles in another state or foreign country and avoid Washington motor vehicle excise taxes are liable for such unpaid excise taxes. The department of revenue may assess and collect the unpaid excise taxes under chapter 82.32 RCW, including the penalties and interest provided therein.
Sec. 4. RCW 82.44.041 and 1990 c 42 s 303 are each amended to read as follows:
(1) For the purpose of determining the tax under this chapter, the value of a truck-type power or trailing unit shall be the latest purchase price of the vehicle, excluding applicable federal excise taxes, state and local sales or use taxes, transportation or shipping costs, or preparatory or delivery costs, multiplied by the following percentage based on year of service of the vehicle since last sale. The latest purchase year shall be considered the first year of service.
YEAR OF SERVICE PERCENTAGE
1 100
2 90
3 83
4 75
5 67
6 59
7 52
8 44
9 36
10 28
11 21
12 13
13 or older 10
(2) The reissuance of title and registration for a truck-type power or trailing unit because of the installation of body or special equipment shall be treated as a sale, and the value of the truck-type power or trailing unit at that time, as determined by the department from such information as may be available, shall be considered the latest purchase price.
(3) For the purpose of determining the tax under this chapter, the value of a motor vehicle other than a truck-type power or trailing unit shall be the manufacturer's base suggested retail price of the vehicle when first offered for sale as a new vehicle, excluding any optional equipment, applicable federal excise taxes, state and local sales or use taxes, transportation or shipping costs, or preparatory or delivery costs, multiplied by the applicable percentage listed in this subsection based on year of service of the vehicle.
If the manufacturer's base suggested retail price is unavailable or otherwise unascertainable at the time of initial registration in this state, the department shall determine a value equivalent to a manufacturer's base suggested retail price as follows:
(a) The department shall determine a value using any information that may be available, including any guidebook, report, or compendium of recognized standing in the automotive industry or the selling price and year of sale of the vehicle. The department may use an appraisal by the county assessor. In valuing a vehicle for which the current value or selling price is not indicative of the value of similar vehicles of the same year and model, the department shall establish a value that more closely represents the average value of similar vehicles of the same year and model.
(b) The value determined in (a) of this subsection shall be divided by the applicable percentage listed in this subsection to establish a value equivalent to a manufacturer's base suggested retail price. The applicable percentage shall be based on the year of service of the vehicle for which the value is determined.
YEAR OF SERVICE PERCENTAGE
1 100
2 ((100)) 95
3 ((91)) 89
4 83
5 74
6 65
7 57
8 48
9 40
10 31
11 22
12 14
13 or older 10
(4) For purposes of this chapter, value shall exclude value attributable to modifications of a motor vehicle and equipment that are designed to facilitate the use or operation of the motor vehicle by a handicapped person.
Sec. 5. RCW 82.44.110 and 1997 c 338 s 68 are each amended to read as follows:
The county auditor shall regularly, when remitting license fee receipts, pay over and account to the director of licensing for the excise taxes collected under the provisions of this chapter. The director shall forthwith transmit the excise taxes to the state treasurer.
(1) The state treasurer shall deposit the excise taxes collected under RCW 82.44.020(1) as follows:
(a) ((1.60)) 1.455 percent into the motor vehicle fund through June 30, 1999, and 1.71 percent beginning July 1, 1999, to defray administrative and other expenses incurred by the department in the collection of the excise tax.
(b) ((8.15)) 7.409 percent into the Puget Sound capital construction account in the motor vehicle fund through June 30, 1999, and 8.712 percent beginning July 1, 1999.
(c) ((4.07)) 3.70 percent into the Puget Sound ferry operations account in the motor vehicle fund through June 30, 1999, and 4.351 percent beginning July 1, 1999.
(d) ((5.88)) 5.345 percent into the ((general fund to be distributed)) city police and fire protection assistance account under RCW 82.44.155 through June 30, 1999, and 6.286 percent beginning July 1, 1999.
(e) ((4.75)) 4.318 percent into the municipal sales and use tax equalization account ((in the general fund)) created in RCW 82.14.210 through June 30, 1999, and 5.628 percent beginning July 1, 1999.
(f) ((1.60)) 1.455 percent into the county sales and use tax equalization account ((in the general fund)) created in RCW 82.14.200 through June 30, 1999, and 1.71 percent beginning July 1, 1999.
(g) ((62.6440)) 13.573 percent into the general fund through June 30, ((1995, and 57.6440 percent into the general fund beginning July 1, 1995)) 1999.
(h) ((5)) 43.605 percent into the transportation fund created in RCW 82.44.180 through June 30, 1999, and 51.203 percent beginning July 1, ((1995)) 1999.
(i) ((5.968)) 5.426 percent into the county criminal justice assistance account created in RCW 82.14.310 through June 30, 1999, and 3.892 percent beginning July 1, 1999.
(j) ((1.1937)) 1.085 percent into the municipal criminal justice assistance account for distribution under RCW 82.14.320 through June 30, 1999, and 0.778 percent beginning July 1, 1999.
(k) ((1.1937)) 1.085 percent into the municipal criminal justice assistance account for distribution under RCW 82.14.330 through June 30, 1999, and 0.778 percent beginning July 1, 1999.
(l) ((2.95)) 2.682 percent into the county public health account created in RCW 70.05.125 through June 30, 1999, and 3.153 percent beginning July 1, 1999.
(m) 8.862 percent into the motor vehicle fund through June 30, 1999, and 10.422 percent beginning July 1, 1999.
(n) 1.377 percent into the distressed county assistance account under section 10 of this act beginning July 1, 1999.
Notwithstanding (i) through (k) of this subsection, ((no more than sixty million dollars shall be deposited into the accounts specified in (i) through (k) of this subsection for the period January 1, 1994, through June 30, 1995. Not more than five percent of the funds deposited to these accounts shall be available for appropriations for enhancements to the state patrol crime laboratory system and the continuing costs related to these enhancements. Motor vehicle excise tax funds appropriated for such enhancements shall not supplant existing funds from the state general fund. For the fiscal year ending June 30, 1998, and)) for each fiscal year ((thereafter)) through fiscal year 1999, the amounts deposited into the accounts specified in (i) through (k) of this subsection shall not increase by more than the amounts deposited into those accounts in the previous fiscal year increased by the implicit price deflator for the previous fiscal year. Any revenues in excess of this amount shall be deposited into the violence reduction and drug enforcement account.
(2) ((The state treasurer shall deposit the excise taxes collected under RCW 82.44.020(2) into the transportation fund.
(3))) The state treasurer shall deposit the excise tax imposed by RCW 82.44.020(((3))) (2) into the air pollution control account created by RCW 70.94.015.
Sec. 6. RCW 82.44.150 and 1995 2nd sp.s. c 14 s 538 are each amended to read as follows:
(1) The director of licensing shall, on the twenty-fifth day of February, May, August, and November of each year, advise the state treasurer of the total amount of motor vehicle excise taxes imposed by RCW 82.44.020 (1) ((and (2))) remitted to the department during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:
The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(((3))) (2) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.
(2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department shall, from motor vehicle excise taxes deposited in the ((general fund, under RCW 82.44.110(1)(g))) transportation fund under RCW 82.44.110, make the following deposits:
(a) To the high capacity transportation account created in RCW 47.78.010, a sum equal to four and five-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax within each county that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders; except that in a case of a municipality located in a county that has a population of one hundred seventy-five thousand or more that does not have an interstate highway located within its borders, that sum shall be deposited in the passenger ferry account;
(b) To the central Puget Sound public transportation account created in RCW 82.44.180, ((for revenues distributed after December 31, 1992,)) within a county with a population of one million or more and a county with a population of from two hundred thousand to less than one million bordering a county with a population of one million or more, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(b) applies; however, any transfer under this subsection (2)(b) must be greater than zero; and
(c) To the public transportation systems account created in RCW 82.44.180, ((for revenues distributed after December 31, 1992,)) within counties not described in (b) of this subsection, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(c) applies; however, any transfer under this subsection (2)(c) must be greater than zero((; and
(d) To the general fund, for revenues distributed after June 30, 1993, and to the transportation fund, for revenues distributed after June 30, 1995, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent notwithstanding the requirements set forth in subsections (3) through (6) of this section, reduced by an amount equal to distributions made under (a), (b), and (c) of this subsection and RCW 82.14.046)).
(3) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:
(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding (i) the excise tax imposed under RCW 35.58.273 for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and (ii) the sales and use tax equalization distributions provided under RCW 82.14.046; and
(b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter, excluding the sales and use tax equalization distributions provided under RCW 82.14.046.
(4) At the close of each calendar year accounting period, but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (3) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections. Any municipality that has not submitted the report by April 1 shall cease to be eligible to receive motor vehicle excise taxes under subsection (3) of this section until the report is received by the director of licensing. If a municipality has received more or less money under subsection (3) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues. In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 during that same calendar year excluding the sales and use tax equalization distributions provided under RCW 82.14.046. At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.
(5) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section and RCW 82.14.046 shall be remitted without legislative appropriation.
(6) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (3) of this section.
Sec. 7. RCW 82.14.045 and 1991 c 363 s 158 are each amended to read as follows:
(1) The legislative body of any city pursuant to RCW 35.92.060, of any county which has created an unincorporated transportation benefit area pursuant to RCW 36.57.100 and 36.57.110, of any public transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090, of any county transportation authority established pursuant to chapter 36.57 RCW, and of any metropolitan municipal corporation within a county with a population of one million or more pursuant to chapter 35.58 RCW, may, by resolution or ordinance for the sole purpose of providing funds for the operation, maintenance, or capital needs of public transportation systems and in lieu of the excise taxes authorized by RCW 35.95.040, submit an authorizing proposition to the voters or include such authorization in a proposition to perform the function of public transportation and if approved by a majority of persons voting thereon, fix and impose a sales and use tax in accordance with the terms of this chapter: PROVIDED, That no such legislative body shall impose such a sales and use tax without submitting such an authorizing proposition to the voters and obtaining the approval of a majority of persons voting thereon: PROVIDED FURTHER, That where such a proposition is submitted by a county on behalf of an unincorporated transportation benefit area, it shall be voted upon by the voters residing within the boundaries of such unincorporated transportation benefit area and, if approved, the sales and use tax shall be imposed only within such area. Notwithstanding any provisions of this section to the contrary, any county in which a county public transportation plan has been adopted pursuant to RCW 36.57.070 and the voters of such county have authorized the imposition of a sales and use tax pursuant to the provisions of section 10, chapter 167, Laws of 1974 ex. sess., prior to July 1, 1975, shall be authorized to fix and impose a sales and use tax as provided in this section at not to exceed the rate so authorized without additional approval of the voters of such county as otherwise required by this section.
The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such city, public transportation benefit area, county, or metropolitan municipal corporation as the case may be. The rate of such tax shall be one-tenth, two-tenths, three-tenths, four-tenths, five-tenths, or six-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The rate of such tax shall not exceed the rate authorized by the voters unless such increase shall be similarly approved.
(2)(a) In the event a metropolitan municipal corporation shall impose a sales and use tax pursuant to this chapter no city, county which has created an unincorporated transportation benefit area, public transportation benefit area authority, or county transportation authority wholly within such metropolitan municipal corporation shall be empowered to levy and/or collect taxes pursuant to RCW 35.58.273, 35.95.040, and/or 82.14.045, but nothing herein shall prevent such city or county from imposing sales and use taxes pursuant to any other authorization.
(b) In the event a county transportation authority shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, public transportation benefit area, or metropolitan municipal corporation, located within the territory of the authority, shall be empowered to levy or collect taxes pursuant to RCW 35.58.273, 35.95.040, or 82.14.045.
(c) In the event a public transportation benefit area shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, or metropolitan municipal corporation, located wholly or partly within the territory of the public transportation benefit area, shall be empowered to levy or collect taxes pursuant to RCW 35.58.273, 35.95.040, or 82.14.045.
(3) Any local sales and use tax revenue collected pursuant to this section by any city or by any county for transportation purposes pursuant to RCW 36.57.100 and 36.57.110 shall not be counted as locally generated tax revenues for the purposes of apportionment and distribution, in the manner prescribed by chapter 82.44 RCW, of the proceeds of the motor vehicle excise tax authorized pursuant to RCW 35.58.273, except that the local sales and use tax revenue collected under this section by a city with a population greater than sixty thousand that as of January 1, 1998, owns and operates a municipal public transportation system shall be counted as locally generated tax revenues for the purposes of apportionment and distribution, in the manner prescribed by chapter 82.44 RCW, of the proceeds of the motor vehicle excise tax authorized under RCW 35.58.273 as follows:
(a) For fiscal year 2000, revenues collected under this section shall be counted as locally generated tax revenues for up to 25 percent of the tax collected under RCW 35.58.273;
(b) For fiscal year 2001, revenues collected under this section shall be counted as locally generated tax revenues for up to 50 percent of the tax collected under RCW 35.58.273;
(c) For fiscal year 2002, revenues collected under this section shall be counted as locally generated tax revenues for up to 75 percent of the tax collected under RCW 35.58.273; and
(d) For fiscal year 2003 and thereafter, revenues collected under this section shall be counted as locally generated tax revenues for up to 100 percent of the tax collected under RCW 35.58.273.
Sec. 8. RCW 82.14.200 and 1997 c 333 s 2 are each amended to read as follows:
There is created in the state treasury a special account to be known as the "county sales and use tax equalization account." Into this account shall be placed a portion of all motor vehicle excise tax receipts as provided in RCW 82.44.110(((1)(f))). Funds in this account shall be allocated by the state treasurer according to the following procedure:
(1) Prior to April 1st of each year the director of revenue shall inform the state treasurer of the total and the per capita levels of revenues for the unincorporated area of each county and the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) for the previous calendar year.
(2) At such times as distributions are made under RCW 82.44.150, ((as now or hereafter amended,)) the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than one hundred fifty thousand dollars from the tax for the previous calendar year, an amount from the county sales and use tax equalization account sufficient, when added to the amount of revenues received the previous calendar year by the county, to equal one hundred fifty thousand dollars.
The department of revenue shall establish a governmental price index as provided in this subsection. The base year for the index shall be the end of the third quarter of 1982. Prior to November 1, 1983, and prior to each November 1st thereafter, the department of revenue shall establish another index figure for the third quarter of that year. The department of revenue may use the implicit price deflators for state and local government purchases of goods and services calculated by the United States department of commerce to establish the governmental price index. Beginning on January 1, 1984, and each January 1st thereafter, the one hundred fifty thousand dollar base figure in this subsection shall be adjusted in direct proportion to the percentage change in the governmental price index from 1982 until the year before the adjustment. Distributions made under this subsection for 1984 and thereafter shall use this adjusted base amount figure.
(3) Subsequent to the distributions under subsection (2) of this section and at such times as distributions are made under RCW 82.44.150, ((as now or hereafter amended,)) the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties as determined by the department of revenue under subsection (1) of this section, an amount from the county sales and use tax equalization account sufficient, when added to the per capita level of revenues for the unincorporated area received the previous calendar year by the county, to equal seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties determined under subsection (1) of this section, subject to reduction under subsections (6) and (7) of this section. When computing distributions under this section, any distribution under subsection (2) of this section shall be considered revenues received from the tax imposed under RCW 82.14.030(1) for the previous calendar year.
(4) Subsequent to the distributions under subsection (3) of this section and at such times as distributions are made under RCW 82.44.150, ((as now or hereafter amended,)) the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (2) of this section, a third distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (2) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the total distribution under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
(5) Subsequent to the distributions under subsection (4) of this section and at such times as distributions are made under RCW 82.44.150, ((as now or hereafter amended,)) the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a fourth distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (3) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the distributions under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
(6) Revenues distributed under subsections (2) through (5) of this section in any calendar year shall not exceed an amount equal to seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties during the previous calendar year. If distributions under subsections (3) through (5) of this section cannot be made because of this limitation, then distributions under subsections (3) through (5) of this section shall be reduced ratably among the qualifying counties.
(7) If inadequate revenues exist in the county sales and use tax equalization account to make the distributions under subsections (3) through (5) of this section, then the distributions under subsections (3) through (5) of this section shall be reduced ratably among the qualifying counties. At such time during the year as additional funds accrue to the county sales and use tax equalization account, additional distributions shall be made under subsections (3) through (5) of this section to the counties.
(8) If the level of revenues in the county sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (5) of this section, at such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion an amount to the county public health account created in RCW 70.05.125 equal to the adjustment under RCW 70.05.125(2)(b).
(9) If the level of revenues in the county sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (5) and (8) of this section, then the additional revenues shall be credited and transferred ((to the state general fund)) as follows:
(a) Fifty percent to the public facilities construction loan revolving account under RCW 43.160.080; and
(b) Fifty percent to the distressed county public facilities construction loan account under section 9 of this act, or so much thereof as will not cause the balance in the account to exceed twenty-five million dollars. Any remaining funds shall be deposited into the public facilities construction loan revolving account.
NEW SECTION. Sec. 9. A new section is added to chapter 43.160 RCW to read as follows:
The distressed county public facilities construction loan account is created in the state treasury. All funds provided under RCW 82.14.200 shall be deposited in the account. Moneys in the account may be spent only after appropriation. Moneys in the account shall only be used to provide financial assistance under this chapter to distressed counties that have experienced extraordinary costs due to the location of a major new business facility or the substantial expansion of an existing business facility in the county.
For purposes of this section, the term "distressed counties" includes any county in which the average level of unemployment for the three years before the year in which an application for financial assistance is filed exceeds the average state employment for those years by twenty percent.
NEW SECTION. Sec. 10. A new section is added to chapter 82.14 RCW to read as follows:
(1) The distressed county assistance account is created in the state treasury. Into this account shall be placed a portion of all motor vehicle excise tax receipts as provided in RCW 82.44.110. At such times as distributions are made under RCW 82.44.150, the state treasurer shall distribute the funds in the distressed county assistance account to each county imposing the sales and use tax authorized under RCW 82.14.370 in the same proportions as distributions of the tax imposed under RCW 82.14.370 for the previous quarter.
(2) Funds distributed from the distressed county assistance account shall be expended by the counties for criminal justice and other purposes.
Sec. 11. RCW 82.14.310 and 1995 c 398 s 11 are each amended to read as follows:
(1) The county criminal justice assistance account is created in the state treasury. Beginning in fiscal year 2000, the state treasurer shall transfer into the county criminal justice assistance account from the general fund the sum of twenty-three million two hundred thousand dollars divided into four equal deposits occurring on July 1, October 1, January 1, and April 1. For each fiscal year thereafter, the state treasurer shall increase the total transfer by the fiscal growth factor, as defined in RCW 43.135.025, forecast for that fiscal year by the office of financial management in November of the preceding year.
(2) The moneys deposited in the county criminal justice assistance account for distribution under this section, less any moneys appropriated for purposes under ((RCW 82.44.110)) subsection (4) of this section, shall be distributed at such times as distributions are made under RCW 82.44.150 and on the relative basis of each county's funding factor as determined under this subsection.
(a) A county's funding factor is the sum of:
(i) The population of the county, divided by one thousand, and multiplied by two-tenths;
(ii) The crime rate of the county, multiplied by three-tenths; and
(iii) The annual number of criminal cases filed in the county superior court, for each one thousand in population, multiplied by five-tenths.
(b) Under this section and RCW 82.14.320 and 82.14.330:
(i) The population of the county or city shall be as last determined by the office of financial management;
(ii) The crime rate of the county or city is the annual occurrence of specified criminal offenses, as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs, for each one thousand in population;
(iii) The annual number of criminal cases filed in the county superior court shall be determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts;
(iv) Distributions and eligibility for distributions in the 1989-91 biennium shall be based on 1988 figures for both the crime rate as described under (ii) of this subsection and the annual number of criminal cases that are filed as described under (iii) of this subsection. Future distributions shall be based on the most recent figures for both the crime rate as described under (ii) of this subsection and the annual number of criminal cases that are filed as described under (iii) of this subsection.
(3) Moneys distributed under this section shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures. (4) Not more than five percent of the funds deposited to the county criminal justice assistance account shall be available for appropriations for enhancements to the state patrol crime laboratory system and the continuing costs related to these enhancements. Funds appropriated from this account for such enhancements shall not supplant existing funds from the state general fund.
Sec. 12. RCW 82.14.320 and 1995 c 398 s 12 and 1995 c 312 s 84 are each reenacted and amended to read as follows:
(1) The municipal criminal justice assistance account is created in the state treasury. Beginning in fiscal year 2000, the state treasurer shall transfer into the municipal criminal justice assistance account for distribution under this section from the general fund the sum of four million six hundred thousand dollars divided into four equal deposits occurring on July 1, October 1, January 1, and April 1. For each fiscal year thereafter, the state treasurer shall increase the total transfer by the fiscal growth factor, as defined in RCW 43.135.025, forecast for that fiscal year by the office of financial management in November of the preceding year.
(2) No city may receive a distribution under this section from the municipal criminal justice assistance account unless:
(a) The city has a crime rate in excess of one hundred twenty-five percent of the state-wide average as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs;
(b) The city has levied the tax authorized in RCW 82.14.030(2) at the maximum rate or the tax authorized in RCW 82.46.010(3) at the maximum rate; and
(c) The city has a per capita yield from the tax imposed under RCW 82.14.030(1) at the maximum rate of less than one hundred fifty percent of the state-wide average per capita yield for all cities from such local sales and use tax.
(3) The moneys deposited in the municipal criminal justice assistance account for distribution under this section, less any moneys appropriated for purposes under ((RCW 82.44.110)) subsection (7) of this section, shall be distributed at such times as distributions are made under RCW 82.44.150. The distributions shall be made as follows:
(a) Unless reduced by this subsection, thirty percent of the moneys shall be distributed ratably based on population as last determined by the office of financial management to those cities eligible under subsection (2) of this section that have a crime rate determined under subsection (2)(a) of this section which is greater than one hundred seventy-five percent of the state-wide average crime rate. No city may receive more than fifty percent of any moneys distributed under this subsection (a) but, if a city distribution is reduced as a result of exceeding the fifty percent limitation, the amount not distributed shall be distributed under (b) of this subsection.
(b) The remainder of the moneys, including any moneys not distributed in subsection (2)(a) of this section, shall be distributed to all cities eligible under subsection (2) of this section ratably based on population as last determined by the office of financial management.
(4) No city may receive more than thirty percent of all moneys distributed under subsection (3) of this section.
(5) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located.
(6) Moneys distributed under this section shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020, and publications and public educational efforts designed to provide information and assistance to parents in dealing with runaway or at-risk youth. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.
(7) Not more than five percent of the funds deposited to the municipal criminal justice assistance account shall be available for appropriations for enhancements to the state patrol crime laboratory system and the continuing costs related to these enhancements. Funds appropriated from this account for such enhancements shall not supplant existing funds from the state general fund.
Sec. 13. RCW 82.14.330 and 1995 c 398 s 13 are each amended to read as follows:
(1) Beginning in fiscal year 2000, the state treasurer shall transfer into the municipal criminal justice assistance account for distribution under this section from the general fund the sum of four million six hundred thousand dollars divided into four equal deposits occurring on July 1, September 1, January 1, and March 1. For each fiscal year thereafter, the state treasurer shall increase the total transfer by the fiscal growth factor, as defined in RCW 43.135.025, forecast for that fiscal year by the office of financial management in November of the preceding year. The moneys deposited in the municipal criminal justice assistance account for distribution under this section, less any moneys appropriated for purposes under ((RCW 82.44.110)) subsection (4) of this section, shall be distributed to the cities of the state as follows:
(a) Twenty percent appropriated for distribution shall be distributed to cities with a three-year average violent crime rate for each one thousand in population in excess of one hundred fifty percent of the state-wide three-year average violent crime rate for each one thousand in population. The three-year average violent crime rate shall be calculated using the violent crime rates for each of the preceding three years from the annual reports on crime in Washington state as published by the Washington association of sheriffs and police chiefs. Moneys shall be distributed under this subsection (1)(a) ratably based on population as last determined by the office of financial management, but no city may receive more than one dollar per capita. Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.
(b) Sixteen percent shall be distributed to cities ratably based on population as last determined by the office of financial management, but no city may receive less than one thousand dollars.
The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection shall be distributed at such times as distributions are made under RCW 82.44.150.
Moneys distributed under this subsection shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.
(2) In addition to the distributions under subsection (1) of this section:
(a) Fourteen percent shall be distributed to cities that have initiated innovative law enforcement strategies, including alternative sentencing and crime prevention programs. No city may receive more than one dollar per capita under this subsection (2)(a).
(b) Twenty percent shall be distributed to cities that have initiated programs to help at-risk children or child abuse victim response programs. No city may receive more than fifty cents per capita under this subsection (2)(b).
(c) Twenty percent shall be distributed to cities that have initiated programs designed to reduce the level of domestic violence within their jurisdictions or to provide counseling for domestic violence victims. No city may receive more than fifty cents per capita under this subsection (2)(c).
(d) Ten percent shall be distributed to cities that contract with another governmental agency for a majority of the city's law enforcement services.
Moneys distributed under this subsection shall be distributed to those cities that submit funding requests under this subsection to the department of community, trade, and economic development based on criteria developed under RCW 82.14.335. Allocation of funds shall be in proportion to the population of qualified jurisdictions, but the distribution to a city shall not exceed the amount of funds requested. Cities shall submit requests for program funding to the department of community, trade, and economic development by November 1 of each year for funding the following year. The department shall certify to the state treasurer the cities eligible for funding under this subsection and the amount of each allocation.
The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection, less any moneys appropriated for purposes under ((RCW 82.44.110)) subsection (4) of this section, shall be distributed at the times as distributions are made under RCW 82.44.150. Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.
If a city is found by the state auditor to have expended funds received under this subsection in a manner that does not comply with the criteria under which the moneys were received, the city shall be ineligible to receive future distributions under this subsection until the use of the moneys are justified to the satisfaction of the director or are repaid to the state general fund. The director may allow noncomplying use of moneys received under this subsection upon a showing of hardship or other emergent need.
(3) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located. (4) Not more than five percent of the funds deposited to the municipal criminal justice assistance account shall be available for appropriations for enhancements to the state patrol crime laboratory system and the continuing costs related to these enhancements. Funds appropriated from this account for such enhancements shall not supplant existing funds from the state general fund.
NEW SECTION. Sec. 14. A new section is added to chapter 43.135 RCW to read as follows:
(1) Initiative Measure No. 601 (chapter 43.135 RCW, as amended by chapter . . ., Laws of 1998 (this act) and the amendatory changes enacted by section 6, chapter 2, Laws of 1994) is hereby reenacted and reaffirmed. The legislature also adopts this act to continue the general fund revenue and expenditure limitations contained in this chapter 43.135 RCW after this one-time transfer of funds.
(2) RCW 43.135.035(4) does not apply to sections 5 through 13, chapter . . ., Laws of 1998 (sections 5 through 13 of this act).
Sec. 15. RCW 43.135.060 and 1994 c 2 s 5 are each amended to read as follows:
(1) After July 1, 1995, the legislature shall not impose responsibility for new programs or increased levels of service under existing programs on any political subdivision of the state unless the subdivision is fully reimbursed ((by specific appropriation)) by the state for the costs of the new programs or increases in service levels. Reimbursement by the state may be made by: (a) A specific appropriation; or (b) increases in state distributions of revenue to political subdivisions occurring after January 1, 1998.
(2) If by order of any court, or legislative enactment, the costs of a federal or local government program are transferred to or from the state, the otherwise applicable state expenditure limit shall be increased or decreased, as the case may be, by the dollar amount of the costs of the program.
(3) The legislature, in consultation with the office of financial management or its successor agency, shall determine the costs of any new programs or increased levels of service under existing programs imposed on any political subdivision or transferred to or from the state.
(4) Subsection (1) of this section does not apply to the costs incurred for voting devices or machines under RCW 29.04.200.
NEW SECTION. Sec. 16. In order to provide funds necessary for the location, design, right of way, and construction of state and local highway improvements, there shall be issued and sold upon the request of the Washington state transportation commission a maximum of one billion nine hundred million dollars of general obligation bonds of the state of Washington.
NEW SECTION. Sec. 17. Upon the request of the transportation commission, the state finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by sections 16 through 21 of this act in accordance with chapter 39.42 RCW. Bonds authorized by sections 16 through 21 of this act shall be sold in such manner, at such time or times, in such amounts, and at such price as the state finance committee shall determine. No such bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower total interest costs, and increased marketability and for the purpose of retiring the bonds during the life of the project for which they were issued.
NEW SECTION. Sec. 18. The proceeds from the sale of bonds authorized by sections 16 through 21 of this act shall be deposited in the motor vehicle fund. The proceeds shall be available only for the purposes enumerated in section 16 of this act, for the payment of bond anticipation notes, if any, and for the payment of bond issuance costs, including the costs of underwriting.
NEW SECTION. Sec. 19. Bonds issued under the authority of sections 16 through 21 of this act shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest on the bonds shall be first payable in the manner provided in sections 16 through 21 of this act from the proceeds of the state excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW. Proceeds of such excise taxes are hereby pledged to the payment of any bonds and the interest thereon issued under the authority of sections 16 through 21 of this act, and the legislature agrees to continue to impose these excise taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all bonds issued under the authority of sections 16 through 21 of this act.
NEW SECTION. Sec. 20. Both principal and interest on the bonds issued for the purposes of sections 16 through 21 of this act shall be payable from the highway bond retirement fund. The state finance committee may provide that a special account be created in the fund to facilitate payment of the principal and interest. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount required for principal and interest on the bonds in accordance with the bond proceedings. The state treasurer shall withdraw revenues from the motor vehicle fund and deposit in the highway bond retirement fund, or a special account in the fund, such amounts, and at such times, as are required by the bond proceedings.
Any funds required for bond retirement or interest on the bonds authorized by sections 16 through 21 of this act shall be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and which is, or may be, appropriated to the department of transportation for state highway purposes. Funds required shall never constitute a charge against any other allocations of motor vehicle fuel and special fuel tax revenues to the state, counties, cities and towns unless the amount arising from excise taxes on motor vehicle and special fuels distributed to the state in the motor vehicle fund proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the bonds taken from other revenues from the motor vehicle fuel or special fuel taxes that are distributable to the state, counties, cities and towns, shall be repaid from the first revenues from the motor vehicle fuel or special fuel taxes distributed to the motor vehicle fund not required for bond retirement or interest on the bonds.
NEW SECTION. Sec. 21. Bonds issued under the authority of sections 16 through 20 of this act and this section and any other general obligation bonds of the state of Washington that have been or that may be authorized and that pledge motor vehicle and special fuels excise taxes for the payment of principal and interest thereon shall be an equal charge against the revenues from such motor vehicle and special fuels excise taxes.
NEW SECTION. Sec. 22. (1) A joint committee is created to study the long-term transportation funding needs in the state. The committee shall consist of twenty members as follows:
(a) The chairpersons of the house transportation policy and budget committee and the senate transportation committee shall each appoint four of the members of their respective committees to serve on the joint committee. Of these, the chairpersons shall each appoint two members to represent the majority caucus and two members to represent the minority caucus. The chairpersons of the senate ways and means committee and the house appropriations committee shall each appoint one of the members of their respective committees to serve on the joint committee.
(b) The governor shall appoint one member to serve on the joint committee.
(c) The association of Washington counties shall appoint two members to the committee. One member shall be appointed to represent small counties and one member shall be appointed to represent large counties.
(d) The association of Washington cities shall appoint two members to the committee. One member shall be appointed to represent small cities and towns and one member shall be appointed to represent large cities.
(e) The majority and minority leaders of the house of representatives and the senate shall each appoint one member to represent business and the governor shall appoint one member to represent business for a total of five members representing business.
The members of the joint committee shall elect a chairperson from the membership of the committee.
(2) The committee shall study the transportation needs of state and local government with the objective of developing a fair and predictable long-term funding system for state and local transportation needs, including any appropriate reforms and reprioritizations. The study may address differential funding sources for urban congestion districts, local option funding including possible modifications to the current local option taxing authority of counties and cities, public-private partnerships for new transportation projects, improvements to freight mobility, streamlining categorical funding mechanisms to emphasize high priority projects, and increased certainty from setting time limits on permitting processes.
(3) The office of financial management, the department of licensing, the department of community, trade and economic development, and the department of transportation shall provide assistance to the joint committee as needed.
(4) The joint committee shall provide an interim progress report to the governor and the house and senate fiscal committees by December 1, 1998. The joint committee shall provide a final report of its findings and recommendations to the governor and the house and senate fiscal committees by December 1, 1999.
Sec. 23. RCW 82.50.410 and 1991 c 199 s 225 are each amended to read as follows:
The rate and measure of tax imposed by RCW 82.50.400 for each registration year shall be one and one-tenth percent((, and a surcharge of one-tenth of one percent,)) of the value of the travel trailer or camper, as determined in the manner provided in this chapter: PROVIDED, That the excise tax upon a travel trailer or camper licensed for the first time in this state after the last day of any registration month may only be levied for the remaining months of the registration year including the month in which the travel trailer or camper is first licensed: PROVIDED FURTHER, That the minimum amount of tax payable shall be two dollars: PROVIDED FURTHER, That every dealer in mobile homes or travel trailers, for the privilege of using any mobile home or travel trailer eligible to be used under a dealer's license plate, shall pay an excise tax of two dollars, and such tax shall be collected upon the issuance of each original dealer's license plate, and also a similar tax shall be collected upon the issuance of each dealer's duplicate license plate, which taxes shall be in addition to any tax otherwise payable under this chapter.
A travel trailer or camper shall be deemed licensed for the first time in this state when such vehicle was not previously licensed by this state for the registration year or any part thereof immediately preceding the registration year in which application for license is made or when it has been registered in another jurisdiction subsequent to any prior registration in this state.
Sec. 24. RCW 82.50.510 and 1991 c 199 s 227 are each amended to read as follows:
The county auditor shall regularly, when remitting motor vehicle excise taxes, pay to the state treasurer the excise taxes imposed by RCW 82.50.400. The treasurer shall then distribute such funds quarterly on the first day of the month of January, April, July and October of each year in the following amount:
(1) ((For the one percent tax imposed under RCW 82.50.410, fifteen)) 13.64 percent to cities and towns for the use thereof apportioned ratably among such cities and towns on the basis of population; ((fifteen))
(2) 13.64 percent to counties for the use thereof to be apportioned ratably among such counties on the basis of moneys collected in such counties from the excise taxes imposed under this chapter; ((and seventy))
(3) 63.64 percent for schools to be deposited in the state general fund; and
(((2) for the one-tenth of one percent surcharge imposed under RCW 82.50.410, one hundred)) (4) 9.08 percent to the transportation fund created in RCW 82.44.180.
Sec. 25. RCW 35.58.273 and 1992 c 194 s 11 are each amended to read as follows:
(1) ((Through June 30, 1992, any municipality, as defined in this subsection, is authorized to levy and collect a special excise tax not exceeding .7824 percent and beginning July 1, 1992, .725 percent on the value, as determined under chapter 82.44 RCW, of every motor vehicle owned by a resident of such municipality for the privilege of using such motor vehicle provided that in no event shall the tax be less than one dollar and, subject to RCW 82.44.150 (3) and (4), the amount of such tax shall be credited against the amount of the excise tax levied by the state under RCW 82.44.020(1). As used in this subsection, the term "municipality" means a municipality that is located within (a) each county with a population of two hundred ten thousand or more and (b) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described under subsection (a) of this subsection.
(2) Through June 30, 1992, any other)) A municipality is authorized to levy and collect a special excise tax not exceeding ((.815 percent, and beginning July 1, 1992,)) .725 percent on the value, as determined under chapter 82.44 RCW, of every motor vehicle owned by a resident of such municipality for the privilege of using such motor vehicle provided that in no event shall the tax be less than one dollar and, subject to RCW 82.44.150 (3) and (4), the amount of such tax shall be credited against the amount of the excise tax levied by the state under RCW 82.44.020(1). Before utilization of any excise tax moneys collected under authorization of this section for acquisition of right of way or construction of a mass transit facility on a separate right of way the municipality shall adopt rules affording the public an opportunity for "corridor public hearings" and "design public hearings" as herein defined, which rule shall provide in detail the procedures necessary for public participation in the following instances: (a) Prior to adoption of location and design plans having a substantial social, economic or environmental effect upon the locality upon which they are to be constructed or (b) on such mass rapid transit systems operating on a separate right of way whenever a substantial change is proposed relating to location or design in the adopted plan. In adopting rules the municipality shall adhere to the provisions of the Administrative Procedure Act.
(((3))) (2) A "corridor public hearing" is a public hearing that: (a) Is held before the municipality is committed to a specific mass transit route proposal, and before a route location is established; (b) is held to afford an opportunity for participation by those interested in the determination of the need for, and the location of, the mass rapid transit system; (c) provides a public forum that affords a full opportunity for presenting views on the mass rapid transit system route location, and the social, economic and environmental effects on that location and alternate locations: PROVIDED, That such hearing shall not be deemed to be necessary before adoption of an overall mass rapid transit system plan by a vote of the electorate of the municipality.
(((4))) (3) A "design public hearing" is a public hearing that: (a) Is held after the location is established but before the design is adopted; and (b) is held to afford an opportunity for participation by those interested in the determination of major design features of the mass rapid transit system; and (c) provides a public forum to afford a full opportunity for presenting views on the mass rapid transit system design, and the social, economic, environmental effects of that design and alternate designs.
(((5))) (4) A municipality imposing a tax under subsection (1) ((or (2))) of this section may also impose a sales and use tax, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the municipality that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall not exceed 1.944 percent. The rate of tax imposed under this subsection shall bear the same ratio to the 1.944 percent rate authorized that the rate imposed under ((RCW 82.08.020(2) as the excise tax rate imposed under)) subsection (1) of this section bears to the ((excise tax)) rate ((imposed under RCW 82.44.020 (1) and (2))) authorized under subsection (1) of this section. The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax. The tax imposed under this section shall be deducted from the amount of tax otherwise due under RCW 82.08.020(2). The revenue collected under this subsection shall be distributed in the same manner as special excise taxes under subsection((s)) (1) ((and (2))) of this section.
Sec. 26. RCW 35.58.410 and 1993 c 240 s 11 are each amended to read as follows:
(1) On or before the third Monday in June of each year, each metropolitan municipal corporation shall adopt a budget for the following calendar year. Such budget shall include a separate section for each authorized metropolitan function. Expenditures shall be segregated as to operation and maintenance expenses and capital and betterment outlays. Administrative and other expense general to the corporation shall be allocated between the authorized metropolitan functions. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining unexpended from the preceding year. The metropolitan council shall not be required to confine capital or betterment expenditures made from bond proceeds or emergency expenditures to items provided in the budget. The affirmative vote of three-fourths of all members of the metropolitan council shall be required to authorize emergency expenditures.
(2) Subsection (1) of this section shall not apply to a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW. This subsection (2) shall apply only to each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW.
Each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall, on or before the third Monday in June of each year, prepare an estimate of all revenues to be collected during the following calendar year, including any surplus funds remaining unexpended from the preceding year for each authorized metropolitan function.
By June 30 of each year, the county shall adopt the rate for sewage disposal that will be charged to component cities and sewer districts during the following budget year.
As long as any general obligation indebtedness remains outstanding that was issued by the metropolitan municipal corporation prior to the assumption by the county, the county shall continue to impose the taxes authorized by RCW 82.14.045 and 35.58.273(((5))) (4) at the maximum rates and on all of the taxable events authorized by law. If, despite the continued imposition of those taxes, the estimate of revenues made on or before the third Monday in June shows that estimated revenues will be insufficient to make all debt service payments falling due in the following calendar year on all general obligation indebtedness issued by the metropolitan municipal corporation prior to the assumption by the county of the rights, powers, functions, and obligations of the metropolitan municipal corporation, the remaining amount required to make the debt service payments shall be designated as "supplemental income" and shall be obtained from component cities and component counties as provided under RCW 35.58.420.
The county shall prepare and adopt a budget each year in accordance with applicable general law or county charter. If supplemental income has been designated under this subsection, the supplemental income shall be reflected in the budget that is adopted. If during the budget year the actual tax revenues from the taxes imposed under the authority of RCW 82.14.045 and 35.58.273(((5))) (4) exceed the estimates upon which the supplemental income was based, the difference shall be refunded to the component cities and component counties in proportion to their payments promptly after the end of the budget year. A county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall not be required to confine capital or betterment expenditures for authorized metropolitan functions from bond proceeds or emergency expenditures to items provided in the budget.
Sec. 27 RCW 43.160.070 and 1997 c 235 s 721 are each amended to read as follows:
Public facilities financial assistance, when authorized by the board, is subject to the following conditions:
(1) The moneys in the public facilities construction loan revolving ((fund)) account and the distressed county public facilities construction loan account shall be used solely to fulfill commitments arising from financial assistance authorized in this chapter or, during the 1989-91 fiscal biennium, for economic development purposes as appropriated by the legislature. The total outstanding amount which the board shall dispense at any time pursuant to this section shall not exceed the moneys available from the funds. The total amount of outstanding financial assistance in Pierce, King, and Snohomish counties shall never exceed sixty percent of the total amount of outstanding financial assistance disbursed by the board under this chapter without reference to financial assistance provided under section 9 of this act.
(2) On contracts made for public facilities loans the board shall determine the interest rate which loans shall bear. The interest rate shall not exceed ten percent per annum. The board may provide reasonable terms and conditions for repayment for loans as the board determines. The loans shall not exceed twenty years in duration.
(3) Repayments of loans made from the public facilities construction loan revolving account under the contracts for public facilities construction loans shall be paid into the public facilities construction loan revolving ((fund)) account. Repayments of loans made from the distressed county public facilities construction loan account under the contracts for public facilities construction loans shall be paid into the distressed county public facilities construction loan account. Repayments of loans from moneys from the new appropriation from the public works assistance account for the fiscal biennium ending June 30, 1999, shall be paid into the public works assistance account.
(4) When every feasible effort has been made to provide loans and loans are not possible, the board may provide grants upon finding that unique circumstances exist.
Sec. 28. RCW 43.160.076 and 1997 c 367 s 9 are each amended to read as follows:
(1) Except as authorized to the contrary under subsection (2) of this section, from all funds available to the board for financial assistance in a biennium under this chapter without reference to financial assistance provided under section 9 of this act, the board shall spend at least seventy-five percent for financial assistance for projects in distressed counties or rural natural resources impact areas. For purposes of this section, the term "distressed counties" includes any county, in which the average level of unemployment for the three years before the year in which an application for financial assistance is filed, exceeds the average state employment for those years by twenty percent.
(2) If at any time during the last six months of a biennium the board finds that the actual and anticipated applications for qualified projects in distressed counties or rural natural resources impact areas are clearly insufficient to use up the seventy-five percent allocation under subsection (1) of this section, then the board shall estimate the amount of the insufficiency and during the remainder of the biennium may use that amount of the allocation for financial assistance to projects not located in distressed counties or rural natural resources impact areas.
Sec. 29. 1997 c 367 s 10 (uncodified) is each amended to read as follows:
RCW 43.160.076 and section 28 of this act, 1997 c 367 s 10, 1991 c 314 § 24, & 1985 c 446 s 6 are each repealed effective June 30, 2000.
Sec. 30. RCW 43.160.080 and 1992 c 235 s 10 are each amended to read as follows:
There shall be a fund in the state treasury known as the public facilities construction loan revolving account, which shall consist of all moneys collected under this chapter, except moneys of the board collected in connection with the issuance of industrial development revenue bonds and moneys deposited in the distressed county public facilities construction loan account under section 9 of this act, and any moneys appropriated to it by law: PROVIDED, That seventy-five percent of all principal and interest payments on loans made with the proceeds deposited in the account under section 901, chapter 57, Laws of 1983 1st ex. sess. shall be deposited in the general fund as reimbursement for debt service payments on the bonds authorized in RCW 43.83.184. Disbursements from the revolving account shall be on authorization of the board. In order to maintain an effective expenditure and revenue control, the public facilities construction loan revolving account shall be subject in all respects to chapter 43.88 RCW.
Sec. 31. RCW 43.160.210 and 1996 c 290 s 1 and 1996 c 51 s 10 are each reenacted and amended to read as follows:
(1) Except as authorized to the contrary under subsection (2) of this section, from all funds available to the board for financial assistance under this chapter without reference to financial assistance provided under section 9 of this act, the board shall designate at least twenty percent for financial assistance for projects in distressed counties. For purposes of this section, the term "distressed counties" includes any county, in which: (a) The average level of unemployment for the three years before the year in which an application for financial assistance is filed, exceeds the average state employment for those years by twenty percent; or (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years.
(2) If at any time during the last six months of a biennium the board finds that the actual and anticipated applications for qualified projects in distressed counties are clearly insufficient to use up the twenty percent allocation under subsection (1) of this section, then the board shall estimate the amount of the insufficiency and during the remainder of the biennium may use that amount of the allocation for financial assistance for projects not located in distressed counties.
Sec. 32. RCW 46.16.068 and 1993 c 123 s 4 are each amended to read as follows:
Trailing units which are subject to RCW 82.44.020(((5))) (4) shall, upon application, be issued a permanent license plate that is valid until the vehicle is sold, permanently removed from the state, or otherwise disposed of by the registered owner. The fee for this license plate is thirty-six dollars. Upon the sale, permanent removal from the state, or other disposition of a trailing unit bearing a permanent license plate the registered owner is required to return the license plate and registration certificate to the department. Violations of this section or misuse of a permanent license plate may subject the registered owner to prosecution or denial, or both, of future permanent registration of any trailing units. This section does not apply to any trailing units subject to the annual excise taxes prescribed in RCW 82.44.020. The department is authorized to adopt rules to implement this section for leased vehicles and other applications as necessary.
Sec. 33. RCW 70.94.015 and 1993 c 252 s 1 are each amended to read as follows:
(1) The air pollution control account is established in the state treasury. All receipts collected by or on behalf of the department from RCW 70.94.151(2), and receipts from nonpermit program sources under RCW 70.94.152(1) and 70.94.154(7), and all receipts from RCW 70.94.650, 70.94.660, 82.44.020(((3))) (2), and 82.50.405 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to develop and implement the provisions of chapters 70.94 and 70.120 RCW.
(2) The amounts collected and allocated in accordance with this section shall be expended upon appropriation except as otherwise provided in this section and in accordance with the following limitations:
Portions of moneys received by the department of ecology from the air pollution control account shall be distributed by the department to local authorities based on:
(a) The level and extent of air quality problems within such authority's jurisdiction;
(b) The costs associated with implementing air pollution regulatory programs by such authority; and
(c) The amount of funding available to such authority from other sources, whether state, federal, or local, that could be used to implement such programs.
(3) The air operating permit account is created in the custody of the state treasurer. All receipts collected by or on behalf of the department from permit program sources under RCW 70.94.152(1), 70.94.161, 70.94.162, and 70.94.154(7) shall be deposited into the account. Expenditures from the account may be used only for the activities described in RCW 70.94.152(1), 70.94.161, 70.94.162, and 70.94.154(7). Moneys in the account may be spent only after appropriation.
Sec. 34. RCW 81.100.060 and 1992 c 194 s 12 are each amended to read as follows:
A county with a population of one million or more and a county with a population of from two hundred ten thousand to less than one million that is adjoining a county with a population of one million or more, having within their boundaries existing or planned high occupancy vehicle lanes on the state highway system may, with voter approval, impose a local surcharge of not more than ((fifteen)) 13.64 percent on the state motor vehicle excise tax paid under RCW 82.44.020(1) on vehicles registered to a person residing within the county and on the state sales and use taxes paid under the rate in RCW 82.08.020(2) on retail car rentals within the county. No surcharge may be imposed on vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, ((46.16.080,)) 46.16.085, or 46.16.090.
Counties imposing a tax under this section shall contract, before the effective date of the resolution or ordinance imposing a surcharge, administration and collection to the state department of licensing, and department of revenue, as appropriate, which shall deduct an amount, as provided by contract, for administration and collection expenses incurred by the department. All administrative provisions in chapters 82.03, 82.32, and 82.44 RCW shall, insofar as they are applicable to state motor vehicle excise taxes, be applicable to surcharges imposed under this section. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW shall, insofar as they are applicable to state sales and use taxes, be applicable to surcharges imposed under this section.
If the tax authorized in RCW 81.100.030 is also imposed by the county, the total proceeds from tax sources imposed under this section and RCW 81.100.030 each year shall not exceed the maximum amount which could be collected under this section.
Sec. 35. RCW 81.104.160 and 1992 c 194 s 13 and 1992 c 101 s 27 are each reenacted and amended to read as follows:
(1) Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, and regional transit authorities may submit an authorizing proposition to the voters, and if approved, may levy and collect an excise tax, at a rate approved by the voters, but not exceeding eighty one-hundredths of one percent on the value, under chapter 82.44 RCW, of every motor vehicle owned by a resident of the taxing district, solely for the purpose of providing high capacity transportation service. In any county imposing a motor vehicle excise tax surcharge pursuant to RCW 81.100.060, the maximum tax rate under this section shall be reduced to a rate equal to eighty one-hundredths of one percent on the value less the equivalent motor vehicle excise tax rate of the surcharge imposed pursuant to RCW 81.100.060. This rate shall not apply to vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, ((46.16.080,)) 46.16.085, or 46.16.090.
(2) An agency imposing a tax under subsection (1) of this section may also impose a sales and use tax solely for the purpose of providing high capacity transportation service, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall not exceed 2.172 percent. The rate of tax imposed under this subsection shall bear the same ratio to the 2.172 percent rate authorized that the rate imposed under ((RCW 82.08.020(2) as the excise tax rate imposed under)) subsection (1) of this section bears to the ((excise tax)) rate ((imposed under RCW 82.44.020 (1) and (2))) authorized under subsection (1) of this section. The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax. The revenue collected under this subsection shall be used in the same manner as excise taxes under subsection (1) of this section.
Sec. 36. RCW 82.08.020 and 1992 c 194 s 9 are each amended to read as follows:
(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.
(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine-tenths percent of the selling price. ((Ninety-one percent of)) The revenue collected under this subsection shall be deposited and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(1). ((Nine percent of the revenue collected under this subsection shall be deposited in the transportation fund and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(2).))
(3) The taxes imposed under this chapter shall apply to successive retail sales of the same property.
(4) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.
Sec. 37. RCW 82.14.046 and 1995 c 298 s 1 are each amended to read as follows:
Beginning with distributions made to municipalities under RCW 82.44.150 on January 1, 1996, municipalities as defined in RCW 35.58.272 imposing local transit taxes, which for purposes of this section include the sales and use tax under RCW 82.14.045, the business and occupation tax under RCW 35.95.040, and excise taxes under RCW 35.95.040, shall be eligible for sales and use tax equalization payments from motor vehicle excise taxes distributed under RCW 82.44.150 as follows:
(1) Prior to January 1st of each year the department of revenue shall determine the total and the per capita levels of revenues for each municipality imposing local transit taxes and the state-wide weighted average per capita level of sales and use tax revenues imposed under chapters 82.08 and 82.12 RCW for the previous calendar year calculated for a sales and use tax rate of one-tenth percent. For purposes of this section, the department of revenue shall determine a local transit tax rate for each municipality for the previous calendar year. The tax rate shall be equivalent to the sales and use tax rate for the municipality that would have generated an amount of revenue equal to the amount of local transit taxes collected by the municipality.
(2) For each tenth of one percent of the local transit tax rate, the state treasurer shall apportion to each municipality receiving less than eighty percent of the state-wide weighted average per capita level of sales and use tax revenues imposed under chapters 82.08 and 82.12 RCW as determined by the department of revenue under subsection (1) of this section, an amount when added to the per capita level of revenues received the previous calendar year by the municipality, to equal eighty percent of the state-wide weighted average per capita level of revenues determined under subsection (1) of this section. In no event may the sales and use tax equalization distribution to a municipality in a single calendar year exceed: (a) Fifty percent of the amount of local transit taxes collected during the prior calendar year; or (b) the maximum amount of revenue that could have been collected at a local transit tax rate of three-tenths percent in the prior calendar year.
(3) For a municipality established after January 1, 1995, sales and use tax equalization distributions shall be made according to the procedures in this subsection. Sales and use tax equalization distributions to eligible new municipalities shall be made at the same time as distributions are made under subsection (2) of this section. The department of revenue shall follow the estimating procedures outlined in this subsection until the new municipality has received a full year's worth of local transit tax revenues as of the January sales and use tax equalization distribution.
(a) Whether a newly established municipality determined to receive funds under this subsection receives its first equalization payment at the January, April, July, or October sales and use tax equalization distribution shall depend on the date the system first imposes local transit taxes.
(i) A newly established municipality imposing local transit taxes taking effect during the first calendar quarter shall be eligible to receive funds under this subsection beginning with the July sales and use tax equalization distribution of that year.
(ii) A newly established municipality imposing local transit taxes taking effect during the second calendar quarter shall be eligible to receive funds under this subsection beginning with the October sales and use tax equalization distribution of that year.
(iii) A newly established municipality imposing local transit taxes taking effect during the third calendar quarter shall be eligible to receive funds under this subsection beginning with the January sales and use tax equalization distribution of the next year.
(iv) A newly established municipality imposing local transit taxes taking effect during the fourth calendar quarter shall be eligible to receive funds under this subsection beginning with the April sales and use tax equalization distribution of the next year.
(b) For purposes of calculating the amount of funds the new municipality should receive under this subsection, the department of revenue shall:
(i) Estimate the per capita amount of revenues from local transit taxes that the new municipality would have received had the municipality received revenues from the tax the entire calendar year;
(ii) Calculate the amount provided under subsection (2) of this section based on the per capita revenues determined under (b)(i) of this subsection;
(iii) Prorate the amount determined under (b)(ii) of this subsection by the number of months the local transit taxes have been imposed.
(c) The department of revenue shall advise the state treasurer of the amounts calculated under (b) of this subsection and the state treasurer shall distribute these amounts to the new municipality from the motor vehicle excise tax ((distributed under RCW 82.44.150(2)(d))) deposited into the transportation fund under RCW 82.44.110.
(4) A municipality whose governing body implements a tax change that reduces its local transit tax rate after January 1, 1994, may not receive distributions under this section.
Sec. 38. RCW 82.44.023 and 1994 c 227 s 3 are each amended to read as follows:
Rental cars as defined in RCW 46.04.465 are exempt from the taxes imposed in RCW 82.44.020(1) ((and (2))). When a rental car ceases to be used for rental car purposes and at the time of its retail sale, the excise tax imposed in RCW 82.44.020(1) ((and (2))) shall be imposed in an amount equal to one-twelfth of the annual excise tax then in effect, for each full month remaining in the vehicle's registration year.
Sec. 39. RCW 82.44.025 and 1996 c 139 s 3 are each amended to read as follows:
Motor vehicles licensed under RCW 46.16.374 are exempt from the ((taxes)) tax imposed in RCW 82.44.020(1) ((and (2))). When the motor vehicle ceases to be used for the purposes of RCW 46.16.374 or at the time of its retail sale, the excise tax imposed in RCW 82.44.020(1) ((and (2))) must be imposed for twelve full months from the date of application of the new owner.
Sec. 40. RCW 82.44.155 and 1993 c 492 s 254 are each amended to read as follows:
The city police and fire protection assistance account is created in the state treasury. When distributions are made under RCW 82.44.150, the state treasurer shall apportion and distribute the motor vehicle excise taxes deposited into the ((general fund)) city police and fire protection assistance account under RCW 82.44.110(((1)(d))) to the cities and towns ratably on the basis of population as last determined by the office of financial management. When so apportioned, the amount payable to each such city and town shall be transmitted to the city treasurer thereof, and shall be used by the city or town for the purposes of police and fire protection in the city or town, and not otherwise. If it is adjudged that revenue derived from the excise ((taxes)) tax imposed by RCW 82.44.020(1) ((and (2))) cannot lawfully be apportioned or distributed to cities or towns, all moneys directed by this section to be apportioned and distributed to cities and towns shall be credited and transferred to the state general fund.
Sec. 41. RCW 82.44.180 and 1995 c 269 s 2601 are each amended to read as follows:
(1) The transportation fund is created in the state treasury. Revenues under RCW ((82.44.020 (1) and (2),)) 82.44.110((, 82.44.150,)) and ((the surcharge under RCW)) 82.50.510 shall be deposited into the fund as provided in those sections.
Moneys in the fund may be spent only after appropriation. Expenditures from the fund may be used only for transportation purposes and activities and operations of the Washington state patrol not directly related to the policing of public highways and that are not authorized under Article II, section 40 of the state Constitution.
(2) There is hereby created the central Puget Sound public transportation account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(b) shall be appropriated to the transportation improvement board and allocated by the transportation improvement board to public transportation projects within the region from which the funds are derived, solely for:
(a) Planning;
(b) Development of capital projects;
(c) Development of high capacity transportation systems as defined in RCW 81.104.015;
(d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020; and
(e) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources.
(3) There is hereby created the public transportation systems account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(c) shall be appropriated to the transportation improvement board and allocated by the transportation improvement board to public transportation projects submitted by the public transportation systems from which the funds are derived, solely for:
(a) Planning;
(b) Development of capital projects;
(c) Development of high capacity transportation systems as defined in RCW 81.104.015;
(d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;
(e) Other public transportation system-related roadway projects on state highways, county roads, or city streets; and
(f) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources.
Sec. 42. RCW 84.44.050 and 1993 c 123 s 3 are each amended to read as follows:
The personal property of automobile transportation companies owning, controlling, operating or managing any motor propelled vehicle used in the business of transporting persons and/or property for compensation over any public highway in this state between fixed termini or over a regular route, shall be listed and assessed in the various counties where such vehicles are operated, in proportion to the mileage of their operations in such counties: PROVIDED, That vehicles subject to chapter 82.44 RCW and trailer units exempt under RCW 82.44.020(((5))) (4) shall not be listed or assessed for ad valorem taxation so long as chapter 82.44 RCW remains in effect. All vessels of every class which are by law required to be registered, licensed or enrolled, must be assessed and the taxes thereon paid only in the county of their actual situs: PROVIDED, That such interest shall be taxed but once. All boats and small craft not required to be registered must be assessed in the county of their actual situs.
NEW SECTION. Sec. 43. Within ten days of the effective date of this section, the state treasurer shall lend twenty-five million dollars from the state general fund to the motor vehicle fund to be used for engineering, design, and right-of-way acquisition related to road construction projects. The loan shall be repaid by July 1, 2001, from motor vehicle excise tax revenues deposited into the motor vehicle fund.
NEW SECTION. Sec. 44. Sections 16 through 21 of this act are each added to chapter 47.10 RCW.
NEW SECTION. Sec. 45. 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. 46. (1) Sections 1 through 3, 5 through 21, 44, and 45 of this act take effect January 1, 1999.
(2) Section 4 of this act takes effect July 1, 1999, and applies to registrations that are due or become due in July 1999, and thereafter.
NEW SECTION. Sec. 47. (1) Section 22 of this act takes effect ninety days after the end of the legislative session as provided in Article 2, section 1 of the state Constitution.
(2) Sections 23 through 30 and 32 through 42 of this act take effect January 1, 1999, and section 31 of this act takes effect June 30, 2000, if sections 1 through 21 and 44 through 46 of this act are validly submitted to and are approved and ratified by the voters at a general election held in November 1998. If sections 1 through 21 and 44 through 46 of this act are not approved and ratified, sections 23 through 42 of this act are null and void in their entirety.
NEW SECTION. Sec. 48. Section 43 of 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.
NEW SECTION. Sec. 49. The secretary of state shall submit sections 1 through 21 and 44 through 46 of this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation.
NEW SECTION. Sec. 50. Sections 23 through 42 of this act are technical only and do not result in any substantive change in the law. Therefore, to conserve costs, the secretary of state shall not publish sections 23 through 42 of this act in the voter's pamphlet in conjunction with sections 1 through 21 and 44 through 46 of this act."
On page 1, on line 3 of the title, after "reduction;", strike the remainder of the title and insert "amending RCW 82.44.020, 82.44.041, 82.44.110, 82.44.150, 82.14.045, 82.14.200, 82.14.310, 82.14.330, 43.135.060, 82.50.410, 82.50.510, 35.58.273, 35.58.410, 43.160.070, 43.160.076, 43.160.080, 46.16.068, 70.94.015, 81.100.060, 82.08.020, 82.14.046, 82.44.023, 82.44.025, 82.44.155, 82.44.180, and 84.44.050; amending 1997 c 367 s 10 (uncodified); reenacting and amending RCW 82.14.320, 43.160.210, and 81.104.160; adding a new section to chapter 82.44 RCW; adding a new section to chapter 43.160 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 43.135 RCW; adding new sections to chapter 47.10 RCW; creating new sections; providing effective dates; providing a contingent effective date; providing for submission of certain sections of this act to a vote of the people; and declaring an emergency."
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
MOTION
Representative Huff moved that the House concur in the Senate amendment(s) to Engrossed House Bill No. 2894 and advance the bill as amended by the Senate to final passage.
Representative Appelwick requested a Scope and Object ruling on the Senate amendments to Engrossed House Bill No. 2894.
Mr. Speaker: Representative Appelwick, the Speaker is prepared to rule on your request Point of Order which challenges the Scope and Object of the Senate striking amendment to Engrossed House Bill No. 2894.
The title of Engrossed House Bill No. 2894 is, "AN Act relating to the reallocation of motor vehicle excise tax and general fund resources for the purpose of providing transportation funding, local criminal justice funding, and tax reduction."
While the Senate striking amendment made a number of small changes to Engrossed House Bill No. 2894, the Speaker finds that the only portion of the amendment which might give rise to any scope and object concerns are sections 9 and 10, which can be found at pages 16 and 17 of the striking amendment.
Section 10 of the amendment reallocates motor vehicle excise taxes (MVET) to distressed cities for the purpose of local criminal justice funding. The Speaker is aware the amendment also suggests that the monies might be spent for other purposes. The language of the amendment must be read in light of the fact that the money transferred is not more than the local governments claim to need to meet their local criminal justice funding needs. The goal of section 10 is consistent with the scope and object of Engrossed House Bill No. 2894.
Section 9 of the amendment is more troubling. Section 9 creates a distressed county public facilities construction loan account in the state treasury. The amendment reallocates motor vehicle excise taxes to local transportation projects through the CERB program in those instances where the county has "experienced extraordinary costs due to the location of a major new business facility or the substantial expansion of an existing business facility in the county."
Major new business facilities or expansions often give rise to the need for transportation spending.
It is a very close call: Can this reallocation of motor vehicle excise taxes be found to be primarily for transportation purposes?
The Speaker, like every member of this House, is aware of the troubles that our distressed counties are having in providing employment opportunities to their citizens. A lack of transportation improvements in distressed counties too often means an absence of new jobs. The Speaker is convinced that the amendment found in Section 9 of the Senate striking amendment is intended to send MVET money toward some of the State's most pressing transportation needs.
Representative Appelwick, the Speaker finds that the Senate striking amendment is within the Scope and Object of Engrossed House Bill No. 2894.
Your Point of Order is not well taken.
Representatives Huff, Clements, Mastin, D. Schmidt, Schoesler, Robertson, DeBolt, K. Schmidt, Pennington and Mitchell spoke in favor of the motion to concur in the Senate amendment(s) to Engrossed House Bill No. 2894.
Representatives H. Sommers, Cooper, Romero, Murray, Fisher, Morris and Kastama spoke against the motion to concur in the Senate amendment(s) to Engrossed House Bill No. 2894.
The motion was adopted.
MOTION
On motion of Representative Wood, Representatives Kessler and Dickerson were excused.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Representatives Appelwick spoke against final passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2894 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2894, as amended by the Senate and the bill passed the House by the following vote: Yeas - 57, Nays - 38, Absent - 0, Excused - 3.
Voting yea: 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, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 38.
Excused: Representatives Dickerson, Keiser and Kessler - 3.
Engrossed House Bill No. 2894, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
March 5, 1998
Mr. Speaker:
The President has signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1065,
SUBSTITUTE HOUSE BILL NO. 1077,
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,
ENGROSSED HOUSE BILL NO. 2920,
SUBSTITUTE HOUSE BILL NO. 2931,
SUBSTITUTE HOUSE BILL NO. 3056,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
March 5, 1998
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2315,
SUBSTITUTE HOUSE BILL NO. 2386,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2491,
SUBSTITUTE HOUSE BILL NO. 2544,
SUBSTITUTE HOUSE BILL NO. 2560,
SUBSTITUTE HOUSE BILL NO. 2922,
SUBSTITUTE HOUSE BILL NO. 3057,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
ENGROSSED SUBSTITUTE SENATE BILL NO. 6456, by Senate Committee on Transportation (originally sponsored by Senators Prince, Haugen, Wood, Kline and Horn; by request of Governor Locke)
Funding transportation.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Transportation Policy & Budget was before the House for purpose of amendments. (For committee amendment(s), see Journal, 51st Day, March 3, 1998.)
Representative Dunshee moved the adoption of amendment (1088) to the committee amendment:
On page 19, line 7 of the amendment, strike "115,275,000" and insert "115,775,000"
On page 19, line 24 of the amendment, strike "611,612,000" and insert "612,112,000"
On page 22, after line 2 of the amendment, insert the following:
"(13) $500,000 of the motor vehicle fund--state appropriation is provided solely for safety improvements on state route 2 in the Sultan Startup vicinity."
Representatives Dunshee and Appelwick spoke in favor of the adoption of the amendment to the committee amendment.
Representative Mastin 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 1088 to the committee amendment to Engrossed Substitute Senate Bill No. 6456.
ROLL CALL
The Clerk called the roll on the adoption of the amendment 1088 to the committee amendment to Engrossed Substitute Senate Bill No. 6456, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 57, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Butler, Chandler, Chopp, Cole, Constantine, Conway, Cooper, Costa, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 38.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Clements, Cody, 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, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Excused: Representatives Dickerson, Keiser and Kessler - 3.
Representative K. Schmidt moved the adoption of amendment (1132) to the committee amendment:
On page 19, line 26, after "acquisition," strike "and" and insert: "((and)) or"
On page 19, line 7, strike "115,275,000" and insert "128,275,000"
On page 19, line 15, strike "218,546,000" and insert "230,546,000"
On page 19, line 24, strike "611,612,000" and insert "636,612,000"
On page 22, after line 2, insert the following:
"(13) $13,000,000 of the motor vehicle fund--state and $12,000,000 of the transportation fund--state appropriation is provided solely for preliminary engineering and purchase of right of way for highway construction."
Representative K. Schmidt spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative K. Schmidt moved the adoption of amendment (1133) to the committee amendment:
On page 19, line 26, after "acquisition," strike "and" and insert: "((and)) or"
On page 19, line 7, strike "115,275,000" and insert "150,275,000"
On page 19, line 24, strike "611,612,000" and insert "646,612,000"
On page 22, after line 2, insert the following:
"(13) $35,000,000 of the motor vehicle fund--state appropriation is conditioned upon voter approval of a referendum on a state-wide ballot that provides funding for transportation purposes. If the voters approve such a referendum, $35,000,000 of the motor vehicle fund--state appropriation is put in reserve solely to be used for the purposes of preliminary engineering and purchase of right of way for highway construction. These moneys may only be expended upon approval of both the legislative transportation committee and the office of financial management."
On page 47, beginning on line 7, strike everything through "management." on line 13.
Renumber sections and correct internal references accordingly.
Representative K. Schmidt spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Mitchell moved the adoption of amendment (1078) to the committee amendment:
On page 21, beginning on line 20 of the amendment, strike all of subsection (9) and insert the following:
"(9) Funding for the SR 509 project extending south and east from south 188th street in King county is contingent on the development of a proposal linking the project to other freight corridors and a funding plan with participation from partners of the state that are agreed to by the legislative transportation committee and the governor."
Representative Mitchell spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Mitchell moved the adoption of amendment (1134) to the committee amendment:
On page 22, after line 2, insert the following:
"(13) In conducting the preliminary engineering funded by this 1998 act, the department of transportation will use its existing workforce. The department may not contract for any of the preliminary engineering services funded by this 1998 act without prior approval of the legislative transportation committee."
Representative Mitchell spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Wood moved the adoption of amendment (1148) to the committee amendment:
On page 22, after line 2 of the amendment, insert the following:
"(13) $50,000 of the motor vehicle fund--state appropriation is provided solely to update signing and guardrails at urban bicycle connections along the I-90 corridor bicycle route.
(14) $18,200,000 of the motor vehicle fund--state appropriation is provided solely for design and access control projects for phase one of the SR 395 north Spokane corridor.
(15) $39,000,000 of the motor vehicle fund--state appropriation is provide solely for additional lanes from Rosalia to Plaza and from Plaza to Spangle.
(16) $1,900,000 of the motor vehicle fund--state appropriation is provided solely for noise wall retrofit projects.
(17) $1,550,000 of the motor vehicle fund--state appropriation is provided solely for the Aurora Avenue bicycle/pedestrian overpass at Galer Street."
Representative Wood spoke in favor of the adoption of the amendment to the committee amendment.
Representative K. Schmidt 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 1148 to the committee amendment to Engrossed Substitute Senate Bill No. 6456.
ROLL CALL
The Clerk called the roll on the adoption of the amendment 1148 to the committee amendment to Engrossed Substitute Senate Bill No. 6456, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 57, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Butler, Chandler, Chopp, Cole, Constantine, Conway, Cooper, Costa, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 38.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Clements, Cody, 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, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Excused: Representatives Dickerson, Keiser and Kessler - 3.
Representative Wood moved the adoption of amendment (1158) to the committee amendment:
On page 25, after line 4 of the amendment, insert the following:
"(6) $170,000,000 of the motor vehicle fund--state appropriation is provided solely for a Hood Canal Bridge replacement.
(7) $10,000,000 of the motor vehicle fund--state appropriation is provided solely for an Interstate Bridge project with the state of Oregon.
(8) $679,000 of the motor vehicle fund--state appropriation is provided solely for a single column seismic retrofit for the Northern Pacific RR/C street bridge in Auburn, Washington."
Representative Wood spoke in favor of the adoption of the amendment to the committee amendment.
Representative K. Schmidt 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 1158 to the committee amendment to Engrossed Substitute Senate Bill No. 6456.
ROLL CALL
The Clerk called the roll on the adoption of the amendment 1158 to the committee amendment to Engrossed Substitute Senate Bill No. 6456, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 57, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 38.
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, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Excused: Representatives Dickerson, Keiser and Kessler - 3.
Representative Huff moved the adoption of amendment (1064) to the committee amendment:
On page 23, line 37, strike "288,090,000" and insert "288,720,000"
On page 24, line 3, strike "567,749,000" and insert "568,379,000"
On page 25, after line 4, insert the following:
"(6) $630,000 of the motor vehicle fund--state appropriation is provided for slope stabilization along state route 166 in the Ross Point vicinity. This amount is intended to fund preliminary engineering, right of way acquisition and to begin construction."
Representatives Huff and Lantz spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Kastama moved the adoption of amendment (1146) to the committee amendment:
On page 25, after line 4 of the amendment, insert the following:
"(6) $1,000,000 of the motor vehicle fund--state appropriation is provided solely for SR 165 Carbon River bridge repair."
Representative Kastama spoke in favor of the adoption of the amendment to the committee amendment.
Representative Mitchell 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 1146 to the committee amendment to Engrossed Substitute Senate Bill No. 6456.
ROLL CALL
The Clerk called the roll on the adoption of the amendment 1146 to the committee amendment to Engrossed Substitute Senate Bill No. 6456, and the amendment was not adopted by the following vote: Yeas - 37, Nays - 58, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Kenney, Linville, Mason, McDonald, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 37.
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, Lantz, Lisk, Mastin, McCune, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, 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, Zellinsky and Mr. Speaker - 58.
Excused: Representatives Dickerson, Keiser and Kessler - 3.
Representative Cooper moved the adoption of amendment (1149) to the committee amendment:
On page 29, after line 33, insert the following:
"(8)If legislation passed during the 1998 or 1999 session authorizing the construction of a Jumbo Class Mark II ferry in addition to those referenced in subsection (2) of this section becomes law, the construction of those vessels shall be subject to the requirements of this subsection.
(a) Such ferry shall be constructed within the boundaries of the state of Washington, except that equipment furnished by the state and components, products, and systems that are standard manufactured items are not subject to the in-state requirement under this subsection. For the purposes of this section, "constructed" means the fabrication, by joining together by welding or fastening of all steel parts from which the total vessel is constructed, including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, and paint and joiner work, required by the contract. "Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and ducting. All warranty work on the vessel also shall be performed within the boundaries of the state of Washington, insofar as practicable.
(b) A Jumbo Class Mark II ferry constructed under the requirements of this section shall be of comparable quality and design as, and shall incorporate like controls, engines, and a propulsion system utilized in the Jumbo Class Mark II ferries presently in operation or under construction, in order to promote maximum commonality with those vessels."
Renumber the remaining subsections and correct any internal references accordingly.
Representative Cooper spoke in favor of the adoption of the amendment to the committee amendment.
Representative K. Schmidt 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 1149 to the committee amendment to Engrossed Substitute Senate Bill No. 6456.
ROLL CALL
The Clerk called the roll on the adoption of the amendment 1149 to the committee amendment to Engrossed Substitute Senate Bill No. 6456, and the amendment was not adopted by the following vote: Yeas - 37, Nays - 59, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Grant, Hatfield, Kastama, Kenney, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 37.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Gombosky, 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, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 59.
Excused: Representatives Keiser and Kessler - 2.
Representative Cooper moved the adoption of amendment (1150) to the committee amendment:
On page 29, after line 33, insert the following:
"(8) If legislation passed during the 1998 session authorizing the construction of a passenger-only ferry or ferries and terminals in addition to those referenced in subsection (6) of this section becomes law, the department of transportation shall explore the potential for developing contracting methods and procedures that encourage the in-state acquisition, procurement, and construction of those ferries and terminals. The department shall report its findings and recommendations to the legislative transportation committee by January 1, 1999."
Renumber the remaining subsections and correct any internal references accordingly.
Representative Cooper spoke in favor of the adoption of the amendment to the committee amendment.
Representative K. Schmidt spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
Representative Sehlin moved the adoption of amendment (1066) to the committee amendment:
On page 35, line 16, strike "9,502,000" and insert "9,802,000"
On page 35, line 23, strike "45,053,000" and insert "45,353,000"
Representative Sehlin 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, amendments 1120 and 1063 were withdrawn.
The Speaker stated the question before the House was the adoption of 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 K. Schmidt and D. Schmidt spoke in favor of passage of the bill.
Representative Fisher spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6456, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6456, as amended by the House, and the bill passed the House by the following vote: Yeas - 81, Nays - 15, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Constantine, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 81.
Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Cole, Conway, Dickerson, Fisher, Kenney, Mason, Murray, Regala, Sommers, H., Tokuda and Veloria - 15.
Excused: Representatives Keiser and Kessler - 2.
Engrossed Substitute Senate Bill No. 6456, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Robertson, the House adjourned until 9:00 a.m., Friday, March 6, 1998.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker