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JOURNAL OF THE SENATE

STATE OF WASHINGTON

1998 REGULAR SESSION

FIFTY-FIFTH LEGISLATURE

FIRST DAY

- - - - - - -

NOON SESSION

- - - - - - -

Senate Chamber, Olympia, Monday, January 12, 1998

      At 12:00 noon, pursuant to law, the Senate of the 1998 Regular Session of the Fifty-fifth Legislature of the state of Washington assembled in the Senate Chamber at the State Capitol. Lieutenant Governor Brad Owen, President of the Senate, called the Senate to order.

      The Washington State Patrol Honor Guard, consisting of Troopers Craig Anders, Jimmy Craig, Ted DeHart, Zachary Elmore, Dena Gundermann, Robert Koozewski and Robert Veliz, presented the Colors.

      The President led the Senate in the Pledge of Allegiance.

      Reverend Joan Anthony, pastor of St. Benedict's Episcopal Church of Lacey, offered the prayer.

MOMENT OF SILENCE

      The Senators stood for a moment of silence in memory of Terry Husseman, Deputy Director of the Department of Ecology and former Senate employee, who passed away Tuesday, January. 6.

INTRODUCTION OF LAKEFAIR QUEEN

      The President welcomed and introduced Sarah Rood, the 1997-1998 Lakefair Queen, who was seated on the rostrum.

      With permission of the Senate, business was suspended for Queen Sarah to welcome the Senators to Olympia.

MESSAGE FROM THE SECRETARY OF STATE

The Honorable President of the Senate

The Legislature of the State of Washington

Olympia, Washington

      I, Ralph Munro, Secretary of State of the state of Washington, do hereby certify that, according to the provisions of RCW 29.62.130, I have canvassed the returns of the 1,718,307 votes cast by the 3,032,992 registered voters of the state for and against the initiatives, referendums, constitutional amendments and legislative offices which were submitted to the vote of the people at the state general election held on November 4, 1997, as received from the County Auditors.

INITIATIVE MEASURE 673

      "Shall health insurance plans be regulated as to provision of services by designated health care providers, managed care provisions, and disclosure of certain plan information?"

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . . .521,161

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . 1,087,903

INITIATIVE MEASURE 676

 "Shall the transfer of handguns without trigger-locking devices be prohibited and persons possessing or acquiring a handgun be required to obtain a handgun safety license?”

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . . .496,690

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . 1,194,004

INITIATIVE MEASURE 677

 "Shall discrimination based on sexual orientation be prohibited in employment, employment agency, and union membership practices, without requiring employee partner benefits or preferential treatment?”

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . . .666,073

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . . .985,169

INITIATIVE MEASURE 678

 "Shall dental hygienists who obtain a special license endorsement be permitted to perform designated dental hygiene services without the supervision of a licensed dentist?

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . . .787,607

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . . .883,488

INITIATIVE MEASURE 685

 "Shall penalties for drug possession and drug-related violent crime be revised, medical use of Schedule 1 controlled substances be permitted, and a drug prevention commission established?”

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . . .659,244

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . 1,006,964

REFERENDUM BILL 47

 "Shall property taxes be limited by modifying the 106 percent limit, allowing property valuation increases to be spread over time, and reducing the state levy?

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . 1,009,309

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . . .579,620

HOUSE JOINT RESOLUTION 4208

 "Shall the Constitution be amended to permit voter-approved school district levies to run for an optional four-year period, rather than the current two-year maximum?”

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . . .858,777

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . . .759,259

HOUSE JOINT RESOLUTION 4209

 "Shall the Constitution be amended to permit local governments to make loans for the conservation or the more efficient use of stormwater or sewer services?”

                                                               Yes. . . . . . . . . . . . . . . . . . . . . . . . . 1,002,382

                                                               No. . . . . . . . . . . . . . . . . . . . . . . . . . . .573,083

STATE SENATOR

35^TH LEGISLATIVE DISTRICT

(Grays Harbor, Kitsap, Mason, Thurston)

(1 Year Unexpired Term)

                                                               Tim Sheldon (D). . . . . . . . . . . . . . . . . 24,656

                                                               Dick Taylor (R). . . . . . . . . . . . . . . . . . 11,244

                                                               Charles Crawford (Ref). . . . . . . . . . . . 1,841

IN WITNESS WHEREOF, I have hereunto set my hand

                                                                   and affixed the Seal of the state of Washington, this 3rd

                                                                   day of December, 1997.

 (Seal)

RALPH MUNRO,

Secretary of State

      EDITOR'S NOTE: Senator Jacobsen, 46th District; Senator Kline, 37th District and Senator Patterson, 33rd District; all representing single counties, were certified by their county election officials.

      EDITOR'S NOTE: Senator Tim Sheldon took the oath of office for Senator on December 5, 1997, to fill the unexpired term of Senator from the 35th District.

OATH OF OFFICE FOR UNEXPIRED TERM

OATH OF SENATOR FOR THE STATE OF WASHINGTON

35th LEGISLATIVE DISTRICT

      I, TIM SHELDON, do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.

SENATOR TIM SHELDON

Subscribed and sworn to before me this 5th day of December, 1997

      GERRY L. ALEXANDER,

      SUPREME COURT JUSTICE

MOTIONS

      On motion of Senator Franklin, Senator Wojahn was excused.

      On motion of Senator Hale, Senators Benton and Finkbeiner were excused.

ROLL CALL

      The Secretary called the roll and all Senators were present except Senators Benton, Finkbeiner and Wojahn who were excused.

APPOINTMENT OF SPECIAL COMMITTEE

      The President of the Senate appointed a committee of honor consisting of Senators Brown, Franklin, Loveland and Snyder to escort the newly elected Senators to the rostrum.

      The President welcomed and introduced the Honorable Charles Z. Smith, Justice of the Supreme Court of the state of Washington, who will administer the oath of office to the newly elected Senators.

      Justice Charles Z. Smith thereupon administered the oath of office to Senator Jacobsen, Senator Kline, Senator Patterson and Senator Tim Sheldon.

      The President presented each of the newly elected Senators a certificate of election.

      The committee escorted each of the newly elected members to their seats in the Senate Chamber.

MOTION

      On motion of Senator Johnson, the following resolution was adopted:

SENATE RESOLUTION 1998-8680

By Senators McDonald, Sellar, Snyder, and Loveland

      BE IT RESOLVED, That a committee of four be appointed to notify the House that the Senate is now organized and ready to transact business.

APPOINTMENT OF SPECIAL COMMITTEE

      In accordance with Senate Resolution 1998-8680, the President appointed Senators Tim Sheldon, Patterson, Horn and Stevens to notify the House of Representatives that the Senate is organized and ready to transact business.

MOTION

      On motion of Senator Johnson, the appointments were confirmed.

      The committee retired to the House of Representatives.

MOTION

      On motion of Senator Johnson, the Senate reverted to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 6112             by Senators Haugen, Goings, Prentice, Heavey, Hargrove, Patterson, Rasmussen, Kohl, Brown, McAuliffe, Fairley, B. Sheldon, Fraser, Franklin, Spanel, Snyder, T. Sheldon, Loveland, Thibaudeau, Jacobsen, Kline, Wojahn and Bauer

AN ACT Relating to reductions in motor vehicle excise tax through uniform reductions in vehicle value; amending RCW 82.44.041 and 82.44.110; and creating a new section.

Referred to Committee on Ways and Means.

SB 6113             by Senators Wood, West, Thibaudeau, Kohl, Long and Rasmussen

AN ACT Relating to the property tax exemption for nonprofit organizations providing medical research or training of medical personnel; amending RCW 84.36.045; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 6114             by Senators Jacobsen, Oke, Spanel, Kline, Snyder and Haugen

AN ACT Relating to prevention and control of nonindigenous aquatic species; creating new sections; prescribing penalties; and declaring an emergency.

Referred to Committee on Natural Resources and Parks.

SB 6115             by Senators Fairley, Swecker, Kohl and Winsley

AN ACT Relating to sexual exploitation of children; amending RCW 9.68A.011 and 9.68A.040; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6116             by Senators Fairley, Fraser and Spanel

AN ACT Relating to the Puget Sound council; and amending RCW 90.71.030.

Referred to Committee on Agriculture and Environment.

SB 6117             by Senators Morton, Snyder, Swecker, Stevens, Rossi and Oke

AN ACT Relating to repurchasing commercial salmon fishing licenses; amending RCW 75.44.140 and 75.44.150; adding a new section to chapter 75.30 RCW; creating a new section; repealing RCW 75.44.100, 75.44.110, 75.44.120, and 75.44.130; and making an appropriation.

Referred to Committee on Natural Resources and Parks.

SB 6118             by Senators Long and Spanel

AN ACT Relating to gifts under ethics in public service laws; and amending RCW 42.52.010 and 42.52.150.

Referred to Committee on Government Operations.

SB 6119             by Senators Schow, Haugen, Patterson, McCaslin and Roach

AN ACT Relating to voter approval of a city assumption of a water-sewer district; amending RCW 35.13A.010 and 35.13A.020; adding new sections to chapter 35.13A RCW; and repealing RCW 35.13A.030, 35.13A.040, 35.13A.050, and 35.13A.060.

Referred to Committee on Government Operations.

SB 6120             by Senators Roach, Long and Haugen (by request of Board for Judicial Administration)

AN ACT Relating to court of appeals consideration of personal restraint petitions; and amending RCW 10.73.140.

Referred to Committee on Law and Justice.

SB 6121             by Senators Roach, Long and Haugen (by request of Court of Appeals)

AN ACT Relating to court of appeals judicial positions; and amending RCW 2.06.076.

Referred to Committee on Law and Justice.

SB 6122             by Senators Morton and Rasmussen (by request of Department of Agriculture)

AN ACT Relating to the inspection and certification of horticultural products; amending RCW 15.17.010, 15.17.020, 15.17.030, 15.17.050, 15.17.060, 15.17.080, 15.17.090, 15.17.130, 15.17.140, 15.17.150, 15.17.170, 15.17.190, 15.17.200, 15.17.210, 15.17.230, 15.17.240, 15.17.260, 15.17.290, 15.04.100, and 42.17.31909; adding new sections to chapter 15.17 RCW; adding a new chapter to Title 15 RCW; creating a new section; recodifying RCW 15.04.100 and 15.17.130; repealing RCW 15.17.040, 15.17.070, 15.17.100, 15.17.110, 15.17.115, 15.17.120, 15.17.160, 15.17.180, 15.17.220, 15.17.250, 15.17.280, 15.17.910, 15.17.920, 15.17.930, 15.17.950, 15.04.020, 15.04.030, 15.04.040, 15.04.060, 15.04.070, and 15.04.080; and prescribing penalties.

Referred to Committee on Agriculture and Environment.

SB 6123             by Senators Morton and Rasmussen (by request of Department of Agriculture)

AN ACT Relating to animal health; amending RCW 16.36.005, 16.36.010, 16.36.020, 16.36.040, 16.36.050, 16.36.060, 16.36.070, 16.36.080, 16.36.090, 16.36.096, 16.36.100, 16.36.105, 16.36.110, 16.44.130, 16.44.140, 16.44.160, and 43.23.070; adding new sections to chapter 16.36 RCW; recodifying RCW 16.44.130, 16.44.140, and 16.44.160; repealing RCW 9.08.020, 16.36.030, 16.36.103, 16.36.107, 16.36.108, 16.36.109, 16.36.120, 16.36.130, 16.44.020, 16.44.030, 16.44.040, 16.44.045, 16.44.050, 16.44.060, 16.44.070, 16.44.080, 16.44.090, 16.44.110, 16.44.120, 16.44.150, and 16.44.180; and prescribing penalties.

Referred to Committee on Agriculture and Environment.

SB 6124             by Senators McCaslin, Snyder, West and Haugen

AN ACT Relating to state government; and adding a new section to chapter 2.06 RCW.

Referred to Committee on Government Operations.

SB 6125             by Senators Kline, Zarelli, T. Sheldon, Haugen, Goings, Rasmussen, Rossi, Johnson and Oke

AN ACT Relating to victim impact panels; amending RCW 46.20.311; reenacting and amending RCW 46.61.5055 and 46.63.020; adding new sections to chapter 46.61 RCW; creating a new section; repealing RCW 46.61.5152; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6126             by Senators B. Sheldon, Wood, Snyder, T. Sheldon and Haugen

AN ACT Relating to construction projects in state waters; and amending RCW 75.20.160.

Referred to Committee on Natural Resources and Parks.

SB 6127             by Senators Roach, Fraser, Long and West (by request of Court of Appeals)

AN ACT Relating to an additional division I judge position in King County; amending 1997 c 149 s 110 (uncodified); and making an appropriation.

Referred to Committee on Law and Justice.

SB 6128             by Senators McDonald, Snyder, Prince, Haugen, Patterson, Goings, Oke, Jacobsen, Prentice, Heavey, Rasmussen, Morton, Sellar, Horn, Schow and Benton

AN ACT Relating to the legislative transportation committee; amending RCW 44.40.010; and providing an effective date.

Referred to Committee on Transportation.

SB 6129             by Senators Swecker, Fraser and Winsley (by request of Department of Ecology)

AN ACT Relating to allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control; amending RCW 82.34.100; and repealing RCW 82.34.080.

Referred to Committee on Agriculture and Environment.

SB 6130             by Senators Swecker, Fraser, Patterson and Winsley (by request of Department of Ecology)

AN ACT Relating to underground storage tanks; amending RCW 90.76.020, 90.76.040, 90.76.050, 90.76.060, 90.76.090, and 90.76.120; adding new sections to chapter 43.131 RCW; creating a new section; and repealing RCW 90.76.030 and 90.76.903.

Referred to Committee on Agriculture and Environment.

SB 6131             by Senators Oke, Snyder and Swecker (by request of Department of Health)

AN ACT Relating to sanitary control of shellfish; and adding a new section to chapter 69.30 RCW.

Referred to Committee on Natural Resources and Parks.

SB 6132             by Senators Schow, Wojahn, Loveland, Heavey, Roach, Newhouse, Wood, T. Sheldon and Winsley

AN ACT Relating to travel sales; amending RCW 19.138.040, 19.138.100, 19.138.110, 19.138.120, 19.138.140, 19.138.170, 19.138.180, 19.138.190, 19.138.200, 19.138.210, 19.138.240, 19.138.250, and 19.138.310; adding a new section to chapter 19.138 RCW; adding new sections to chapter 43.131 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Commerce and Labor.

SB 6133             by Senators Oke, Long and Winsley

AN ACT Relating to inspection of records and property held by pawnbrokers and second-hand dealers; and amending RCW 19.60.020, 19.60.050, and 19.60.055.

Referred to Committee on Commerce and Labor.

SB 6134             by Senators Oke, Rasmussen, Benton and Fraser

AN ACT Relating to fuel taxes attributable to marine and nonhighway uses; and amending RCW 43.99.070, 46.09.170, and 46.10.170.

Referred to Committee on Natural Resources and Parks.

SB 6135             by Senators Oke, Swecker, Hargrove, Rossi and Anderson

AN ACT Relating to covenant marriages; amending RCW 26.04.080, 26.04.090, 26.04.160, 26.04.180, and 26.09.030; adding new sections to chapter 26.04 RCW; and creating a new section.

Referred to Committee on Law and Justice.

SB 6136             by Senators Oke and Long

AN ACT Relating to drug offenses in background checks; and amending RCW 43.43.830.

Referred to Committee on Human Services and Corrections.

SB 6137             by Senators Oke, Goings, Rasmussen, Franklin and Fraser

AN ACT Relating to possession of tobacco by minors; amending RCW 70.155.080; creating a new section; and prescribing penalties.

Referred to Committee on Commerce and Labor.

SB 6138             by Senators Oke, B. Sheldon and T. Sheldon

AN ACT Relating to the imposition of taxes by counties for emergency communication systems and facilities; and adding a new section to chapter 82.14 RCW.

Referred to Committee on Ways and Means.

SB 6139             by Senators Oke, Swecker, T. Sheldon, Goings, Rasmussen and Benton

AN ACT Relating to amphetamine; amending RCW 69.50.401; reenacting and amending RCW 9.94A.320; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6140             by Senators Morton, Rasmussen, Winsley, Goings and Schow

AN ACT Relating to water rights; and amending RCW 90.03.383 and 90.03.290.

Referred to Committee on Agriculture and Environment.

SB 6141             by Senators Morton, Rasmussen, Winsley, Goings and Schow

AN ACT Relating to water rights; and amending RCW 90.14.140 and 90.44.080.

Referred to Committee on Agriculture and Environment.

SB 6142             by Senators Kline, Roach, Patterson, Fairley, Swecker, T. Sheldon, Goings, Rasmussen, Oke and Benton

AN ACT Relating to administrative license suspension for first-time violators of laws against driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug; amending RCW 46.20.308, 46.20.3101, and 46.20.355; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6143             by Senators Schow, McAuliffe, Horn and Fraser (by request of Department of Labor and Industries)

AN ACT Relating to enforcement of the elevator and other conveyances law; amending RCW 70.87.010, 70.87.030, 70.87.090, and 70.87.120; and prescribing penalties.

Referred to Committee on Commerce and Labor.

SB 6144             by Senators Schow, Heavey and Horn (by request of Department of Labor and Industries)

AN ACT Relating to the statute of limitations for the repayment or recoupment of industrial insurance benefits induced by claimant fraud; and amending RCW 51.32.240.

Referred to Committee on Commerce and Labor.

SB 6145             by Senators Roach, Kline and Strannigan (by request of Department of Labor and Industries)

AN ACT Relating to designating special assistant attorneys general for the crime victims' compensation program; and amending RCW 7.68.050.

Referred to Committee on Law and Justice.

SB 6146             by Senators McAuliffe, Bauer, Goings, Franklin, Fairley, Kline, Snyder, Patterson, Rasmussen and Prentice

AN ACT Relating to replacement of school levy funding; amending RCW 84.52.0531 and 43.135.025; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 84.52 RCW; and creating new sections.

Referred to Committee on Education.

SB 6147             by Senators Morton and Swecker

AN ACT Relating to the control of predators to assist in threatened and endangered salmon recovery; creating new sections; and declaring an emergency.

Referred to Committee on Natural Resources and Parks.

SB 6148             by Senators Schow, Snyder, Horn, Fraser and Rasmussen

AN ACT Relating to termination of the center for international trade in forest products; and amending RCW 43.131.333 and 43.131.334.

Referred to Committee on Commerce and Labor.

SB 6149             by Senator Swecker

AN ACT Relating to the regional fisheries enhancement group advisory board; and amending RCW 75.50.115.

Referred to Committee on Natural Resources and Parks.

SB 6150             by Senator Swecker

AN ACT Relating to evaluating selective fishing methods; and amending RCW 75.28.770.

Referred to Committee on Natural Resources and Parks.

SB 6151             by Senator Swecker

AN ACT Relating to library funding; amending RCW 27.12.050, 27.12.150, 27.12.222, 27.12.390, 27.12.420, 41.16.060, 52.04.081, 84.52.010, 84.55.100, and 84.55.110; creating new sections; repealing RCW 84.52.063; and declaring an emergency.

Referred to Committee on Government Operations.

SB 6152             by Senator Swecker (by request of Parks and Recreation Commission)

AN ACT Relating to state park lands; and amending RCW 43.51.210 and 43.51.215.

Referred to Committee on Natural Resources and Parks.

SB 6153             by Senators Fairley, Thibaudeau, Kohl and Winsley

AN ACT Relating to actions for injury or death of a child; and amending RCW 4.24.010.

Referred to Committee on Law and Justice.

SB 6154             by Senators Fairley, Kohl and Winsley

AN ACT Relating to drug-assisted sex offenses; amending RCW 9A.44.050 and 9A.44.100; and adding a new section to chapter 9A.44 RCW.

Referred to Committee on Law and Justice.

SB 6155             by Senators Roach and Fairley

AN ACT Relating to the supervision of municipal court probation services; and amending RCW 35.20.230.

Referred to Committee on Law and Justice.

SB 6156             by Senators Swecker, Fraser and Spanel (by request of Department of Natural Resources)

AN ACT Relating to studying methods for calculating water-dependent lease rates on state-owned aquatic lands; amending RCW 79.90.480; creating a new section; and making an appropriation.

Referred to Committee on Natural Resources and Parks.

SB 6157             by Senator Swecker

AN ACT Relating to contempt of court; amending RCW 7.21.030; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6158             by Senators Morton and Rasmussen

AN ACT Relating to eliminating duplicate authority for the Washington state wheat commission; and repealing RCW 15.63.010, 15.63.020, 15.63.030, 15.63.040, 15.63.050, 15.63.060, 15.63.070, 15.63.080, 15.63.090, 15.63.100, 15.63.110, 15.63.120, 15.63.130, 15.63.140, 15.63.150, 15.63.160, 15.63.170, 15.63.180, 15.63.190, 15.63.200, 15.63.210, 15.63.220, 15.63.230, 15.63.240, 15.63.900, 15.63.910, and 15.63.920.

Referred to Committee on Agriculture and Environment.

SB 6159             by Senators Morton and Rasmussen

AN ACT Relating to eliminating authority for the Washington land bank; and repealing RCW 31.30.010, 31.30.020, 31.30.030, 31.30.040, 31.30.050, 31.30.060, 31.30.070, 31.30.080, 31.30.090, 31.30.100, 31.30.110, 31.30.120, 31.30.130, 31.30.150, 31.30.160, 31.30.170, 31.30.180, 31.30.190, 31.30.200, 31.30.210, 31.30.220, 31.30.230, 31.30.240, 31.30.250, 31.30.260, 31.30.270, and 31.30.900.

Referred to Committee on Agriculture and Environment.

SB 6160             by Senators Morton and Rasmussen

AN ACT Relating to eliminating authority for reclamation districts over one million acres; and repealing RCW 89.30.001, 89.30.004, 89.30.007, 89.30.010, 89.30.013, 89.30.016, 89.30.019, 89.30.022, 89.30.025, 89.30.028, 89.30.031, 89.30.034, 89.30.037, 89.30.040, 89.30.043, 89.30.046, 89.30.049, 89.30.052, 89.30.055, 89.30.058, 89.30.061, 89.30.064, 89.30.067, 89.30.070, 89.30.073, 89.30.076, 89.30.079, 89.30.082, 89.30.085, 89.30.088, 89.30.091, 89.30.094, 89.30.097, 89.30.100, 89.30.103, 89.30.106, 89.30.109, 89.30.112, 89.30.115, 89.30.118, 89.30.121, 89.30.124, 89.30.127, 89.30.130, 89.30.133, 89.30.136, 89.30.139, 89.30.142, 89.30.145, 89.30.148, 89.30.151, 89.30.154, 89.30.157, 89.30.160, 89.30.163, 89.30.166, 89.30.169, 89.30.172, 89.30.175, 89.30.178, 89.30.181, 89.30.184, 89.30.187, 89.30.190, 89.30.193, 89.30.196, 89.30.199, 89.30.202, 89.30.205, 89.30.208, 89.30.211, 89.30.214, 89.30.217, 89.30.220, 89.30.223, 89.30.226, 89.30.229, 89.30.232, 89.30.235, 89.30.238, 89.30.241, 89.30.244, 89.30.247, 89.30.250, 89.30.253, 89.30.256, 89.30.259, 89.30.262, 89.30.265, 89.30.268, 89.30.271, 89.30.274, 89.30.277, 89.30.280, 89.30.283, 89.30.286, 89.30.289, 89.30.292, 89.30.295, 89.30.298, 89.30.301, 89.30.304, 89.30.307, 89.30.310, 89.30.313, 89.30.316, 89.30.319, 89.30.322, 89.30.325, 89.30.328, 89.30.331, 89.30.334, 89.30.337, 89.30.340, 89.30.343, 89.30.346, 89.30.349, 89.30.352, 89.30.355, 89.30.358, 89.30.361, 89.30.364, 89.30.367, 89.30.370, 89.30.373, 89.30.376, 89.30.379, 89.30.382, 89.30.385, 89.30.388, 89.30.391, 89.30.394, 89.30.397, 89.30.400, 89.30.403, 89.30.412, 89.30.427, 89.30.430, 89.30.433, 89.30.436, 89.30.439, 89.30.442, 89.30.445, 89.30.448, 89.30.451, 89.30.454, 89.30.457, 89.30.460, 89.30.463, 89.30.466, 89.30.469, 89.30.472, 89.30.475, 89.30.478, 89.30.481, 89.30.484, 89.30.487, 89.30.490, 89.30.493, 89.30.496, 89.30.499, 89.30.502, 89.30.505, 89.30.508, 89.30.511, 89.30.514, 89.30.517, 89.30.520, 89.30.523, 89.30.526, 89.30.529, 89.30.532, 89.30.535, 89.30.538, 89.30.541, 89.30.544, 89.30.547, 89.30.550, 89.30.553, 89.30.556, 89.30.565, 89.30.568, 89.30.571, 89.30.574, 89.30.577, 89.30.580, 89.30.583, 89.30.586, 89.30.589, 89.30.592, 89.30.595, 89.30.598, 89.30.601, 89.30.604, 89.30.607, 89.30.610, 89.30.613, 89.30.616, 89.30.619, 89.30.622, 89.30.625, 89.30.628, 89.30.631, 89.30.634, 89.30.637, 89.30.640, 89.30.643, 89.30.646, 89.30.649, 89.30.652, 89.30.655, 89.30.658, 89.30.661, 89.30.664, 89.30.667, 89.30.670, 89.30.673, 89.30.676, 89.30.679, 89.30.682, 89.30.685, 89.30.688, 89.30.691, 89.30.694, 89.30.697, 89.30.700, 89.30.703, 89.30.706, 89.30.709, 89.30.712, 89.30.715, 89.30.718, 89.30.721, 89.30.724, 89.30.727, 89.30.730, 89.30.733, 89.30.736, 89.30.739, 89.30.742, 89.30.745, 89.30.748, 89.30.751, 89.30.754, 89.30.757, 89.30.760, 89.30.763, 89.30.766, 89.30.769, 89.30.772, 89.30.775, 89.30.778, 89.30.781, 89.30.784, 89.30.787, 89.30.790, 89.30.793, 89.30.796, 89.30.799, 89.30.802, 89.30.805, 89.30.808, 89.30.811, 89.30.814, 89.30.817, 89.30.820, 89.30.823, 89.30.826, 89.30.829, 89.30.832, and 89.30.835.

Referred to Committee on Agriculture and Environment.

SB 6161             by Senators Swecker, Newhouse, Rasmussen and Anderson

AN ACT Relating to dairy nutrient management; amending RCW 90.64.010, 90.64.030, 90.64.050, 90.64.060, 90.64.070, 90.64.080, 90.64.120, and 43.21B.300; adding new sections to chapter 90.64 RCW; adding a new section to chapter 15.44 RCW; creating a new section; and repealing RCW 90.64.005 and 90.64.090.

Referred to Committee on Agriculture and Environment.

SB 6162             by Senators Prentice and Goings

AN ACT Relating to certification of resident managers of mobile home parks; adding a new chapter to Title 18 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions, Insurance and Housing.

SB 6163             by Senators Prentice, Goings and Winsley

AN ACT Relating to registration of mobile home parks; adding a new chapter to Title 18 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions, Insurance and Housing.

SB 6164             by Senators Prentice and Goings

AN ACT Relating to mobile home park rent justification; adding a new chapter to Title 59 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions, Insurance and Housing.

SB 6165             by Senators Rossi, Roach, Rasmussen, Goings, T. Sheldon, McCaslin, Strannigan, Zarelli, Long, Deccio, Oke, Kline, Wood, Schow, Swecker, Stevens, Haugen, Johnson, Benton and Winsley

AN ACT Relating to vehicles equipped with ignition interlock devices; amending RCW 46.20.740 and 46.55.113; reenacting and amending RCW 46.61.5055; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6166             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

AN ACT Relating to penalties for driving under the influence; amending RCW 46.61.5058, 46.61.520, 10.05.010, 10.05.160, 46.01.260, 46.20.285, 46.20.308, 46.20.3101, and 46.20.391; reenacting and amending RCW 46.61.5055; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6167             by Senators Deccio and Wojahn (by request of Department of Social and Health Services)

AN ACT Relating to protection from public disclosure of proprietary information of health care bidders and contractors; reenacting and amending RCW 42.17.310; and adding a new section to chapter 74.09 RCW.

Referred to Committee on Health and Long-Term Care.

SB 6168             by Senators Prentice, Rasmussen, Hale, Sellar, T. Sheldon, Wood, McAuliffe, Kohl, Anderson, Benton and Winsley (by request of Governor Locke)

AN ACT Relating to developing and funding housing for temporary workers; amending RCW 43.22.480 and 43.70.340; adding a new section to chapter 19.27 RCW; adding new sections to chapter 70.114A RCW; adding a new section to chapter 49.17 RCW; adding new sections to chapter 43.70 RCW; and repealing RCW 70.114A.080.

Referred to Committee on Agriculture and Environment.

SB 6169             by Senators Winsley and Prentice

AN ACT Relating to lenders use of third-party real estate appraisals to conform with federal requirements; and amending RCW 18.140.020.

Referred to Committee on Commerce and Labor.

SB 6170             by Senators Morton and Brown

AN ACT Relating to the reclamation, closure, or decommissioning of a uranium or thorium mill or tailings facility; and amending RCW 70.121.030.

Referred to Committee on Agriculture and Environment.

SB 6171             by Senators Strannigan, Fraser, West and Spanel (by request of Public Works Board)

AN ACT Relating to authorizing loans for projects recommended by the public works board; creating a new section; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6172             by Senator McCaslin

AN ACT Relating to service of petitions for judicial review of agency actions; and amending RCW 34.05.542.

Referred to Committee on Government Operations.

SB 6173             by Senators McCaslin, Fairley, Bauer, Swecker, T. Sheldon and Benton

AN ACT Relating to the veterans' preference in employment examinations; and amending RCW 41.04.010.

Referred to Committee on Government Operations.

SB 6174             by Senator McCaslin

AN ACT Relating to special purpose district commissioner per diem compensation; amending RCW 35.61.150, 52.14.010, 53.12.260, 54.12.080, 57.12.010, 68.52.220, 70.44.050, 85.05.410, 85.06.380, 85.08.320, 85.24.080, 86.09.283, 87.03.460, and 36.57A.050; and adding a new section to chapter 85.38 RCW.

Referred to Committee on Government Operations.

SB 6175             by Senators McCaslin, Strannigan, Haugen, Sellar, Brown and Loveland (by request of State Treasurer Murphy)

AN ACT Relating to financing contracts; amending RCW 39.94.010, 39.94.020, 39.94.030, 39.94.040, 39.36.060, 52.16.061, 52.16.080, and 53.36.030; adding a new section to chapter 39.94 RCW; and creating a new section.

Referred to Committee on Government Operations.

SB 6176             by Senators Roach and Kohl (by request of Sentencing Guidelines Commission)

AN ACT Relating to making technical corrections to sentencing laws enacted in 1997; amending RCW 9.94A.360; reenacting and amending RCW 9.94A.040, 9.94A.310, 9.94A.320, 9.94A.030, and 9A.44.130; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 6177             by Senators Fairley, Loveland, B. Sheldon, Hargrove, McAuliffe, Kline, Fraser, Kohl, Franklin, Haugen, Spanel, Thibaudeau, Bauer, Goings, Jacobsen, Snyder and Patterson

AN ACT Relating to signature gatherers; adding a new section to chapter 29.79 RCW; and prescribing penalties.

Referred to Committee on Government Operations.

SB 6178             by Senator Swecker

AN ACT Relating to dishonored checks; amending RCW 9A.56.060; adding new sections to chapter 30.16 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions, Insurance and Housing.

SB 6179             by Senators Wood, Kohl, Prince, Bauer, Patterson, McAuliffe, Rasmussen and Hale

AN ACT Relating to the Washington award for vocational excellence; amending RCW 28C.04.545; and declaring an emergency.

Referred to Committee on Higher Education.

SB 6180             by Senators Swecker, Fraser, Schow, Rasmussen, Strannigan and Oke

AN ACT Relating to solid fuel burning devices; amending RCW 70.94.473; adding a new section to chapter 70.94 RCW; and providing an expiration date.

Referred to Committee on Agriculture and Environment.

SB 6181             by Senators Johnson and Roach

AN ACT Relating to probate, trust, and estate law; amending RCW 11.02.005, 11.07.010, 11.54.070, 11.68.110, 11.68.114, 11.114.030, 83.100.020, and 83.110.010; amending 1997 c 252 s 87 (uncodified); amending 1997 c 252 s 89 (uncodified); adding a new chapter to Title 11 RCW; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Law and Justice.

SB 6182             by Senators Johnson and Roach

AN ACT Relating to facilitating interstate operations for Washington professional corporations; and amending RCW 18.100.060, 18.100.065, 18.100.090, 18.100.100, and 25.15.045.

Referred to Committee on Law and Justice.

SB 6183             by Senators Johnson and Roach

AN ACT Relating to shares and distributions under the Washington business corporation act; and amending RCW 23B.06.010, 23B.06.020, and 23B.06.240.

Referred to Committee on Law and Justice.

SB 6184             by Senators McCaslin, Haugen, Hochstatter and T. Sheldon

AN ACT Relating to master planned resorts; amending RCW 36.70A.360; and creating a new section.

Referred to Committee on Government Operations.

SB 6185             by Senators Morton and Rasmussen (by request of Department of Agriculture)

AN ACT Relating to apiaries; amending RCW 15.60.005, 15.60.007, 15.60.010, 15.60.030, 15.60.050, 15.60.040, 15.60.042, 15.60.043, 15.60.150, and 15.60.170; adding new sections to chapter 15.60 RCW; creating a new section; recodifying RCW 15.60.005, 15.60.007, 15.60.010, 15.60.025, 15.60.015, 15.60.020, 15.60.030, 15.60.140, 15.60.050, 15.60.040, 15.60.042, 15.60.043, 15.60.100, 15.60.110, 15.60.150, 15.60.170, 15.60.180, 15.60.190, 15.60.210, 15.60.220, 15.60.230, and 15.60.900; repealing RCW 15.60.120; and declaring an emergency.

Referred to Committee on Agriculture and Environment.

SB 6186             by Senators Swecker and Rasmussen (by request of Department of Agriculture)

AN ACT Relating to livestock identification; amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.030, 16.57.040, 16.57.050, 16.57.080, 16.57.090, 16.57.100, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.360, 16.57.370, 16.57.400, 16.57.410, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.130, 16.58.140, 16.58.150, 16.58.170, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.170, 16.65.190, 16.65.200, 16.65.235, 16.65.260, 16.65.280, 16.65.340, 16.65.350, 16.65.380, 16.65.390, 16.65.420, and 16.65.422; amending 1997 c 356 s 12 (uncodified); adding new sections to chapter 16.57 RCW; adding a new section to chapter 42.17 RCW; creating a new section; repealing RCW 16.65.110 and 16.57.380; repealing 1997 c 356 s 3; repealing 1997 c 356 s 5; repealing 1997 c 356 s 7; repealing 1997 c 356 s 9; repealing 1997 c 356 s 11; prescribing penalties; and providing effective dates.

Referred to Committee on Agriculture and Environment.

SJM 8016           by Senators Jacobsen, Oke, Spanel and Kline

Petitioning Congress to appropriate resources for full implementation of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990.

Referred to Committee on Natural Resources and Parks.

SJM 8017           by Senators Oke, Rasmussen and Winsley

Naming the Admiral James S. Russell Bridge.

Referred to Committee on Transportation.

SCR 8421          by Senators McDonald, Sellar, Snyder and Loveland

Notifying the Governor that the Legislature is organized.

                           HOLD.

SCR 8422          by Senators McDonald, Sellar, Snyder and Loveland

Reintroducing bills from the 1997 session.

                           HOLD. 

MOTIONS

      On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8421 was advanced to second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8421 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

      SENATE CONCURRENT RESOLUTION NO. 8421 was adopted by voice vote.

MOTIONS

      On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8422 was advanced to second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8422 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

      SENATE CONCURRENT RESOLUTION NO. 8422 was adopted by voice vote.

APPOINTMENT OF SPECIAL COMMITTEE

      In accordance with Senate Concurrent Resolution No. 8421, the President appointed Senators West and Spanel to join a like committee from the House of Representatives to notify the Governor that the Legislature is organized and ready to conduct business.

MOTION

      On motion of Senator Johnson, the appointments were confirmed.

      The committee retired to the office of the Governor.

COMMITTEE FROM THE HOUSE

      A committee from the House of Representatives consisting of Representatives Wensman, DeBolt, Dickerson and Anderson appeared before the bar of the Senate and notified the Senate that the House is organized and ready to transact business.

      The report was received and the committee returned to the House of Representatives.

REPORT OF COMMITTEE

      The Senate Committee composed of Senators West and Spanel appeared before the bar of the Senate and reported that the Governor had been notified under the provisions of Senate Concurrent Resolution No. 8421 that the Senate is organized and ready to transact business. The committee also introduced Emily Locke, one-year old daughter of the Governor, and her mother, Mona Lee Locke who accompanied the committee back to the Senate Chamber. Emily had presented each member of the committee with a black pen.

      The report was received and the committee was discharged.

REPORT OF COMMITTEE

      The Senate Committee composed of Senators Tim Sheldon, Patterson, Horn and Stevens appeared before the bar of the Senate and reported that the House of Representatives had been notified that the Senate is organized and ready to transact business.

      The report was received and the committee was discharged.

MOTION

      On motion of Senator Johnson, the Senate reverted to the fourth order of business.

MESSAGES FROM THE HOUSE

January 12, 1998

MR. PRESIDENT:

      The House has adopted SENATE CONCURRENT RESOLUTION NO. 8421, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

January 12, 1998

MR. PRESIDENT:

      The House has adopted SENATE CONCURRENT RESOLUTION NO. 8422, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

January 12, 1998

MR. PRESIDENT:

      The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4426, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

      On motion of Senator Johnson, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HCR 4426          by Representatives Lisk, Appelwick, Scott, Bush and Dunn

Requesting a Joint Session for the purpose of receiving a message from the Speaker of the United States House of Representatives, Newt Gingrich, and to receive the State of the State message from Governor Gary Locke.

MOTIONS

      On motion of Senator Johnson, the rules were suspended, House Concurrent Resolution No. 4426 was advanced to second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, House Concurrent Resolution No. 4426 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

      HOUSE CONCURRENT RESOLUTION NO. 4426 was adopted by voice vote.

MOTION

      On motion of Senator Johnson, the Senate returned to the third order of business.

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Brad Owen

President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

MR. PRESIDENT:

      We respectfully transmit for your consideration the following bills which were vetoed by the Governor, together with the official veto message setting forth his objections to the bills as required by Article III, section 12, of the Washington State Constitution:

                           SUBSTITUTE SENATE BILL NO. 5011;

                           SUBSTITUTE SENATE BILL NO. 5030;

                           SUBSTITUTE SENATE BILL NO. 5079;

                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5082;

                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5105;

                           SECOND SUBSTITUTE SENATE BILL NO. 5120;

                           SUBSTITUTE SENATE BILL NO. 5157;

                           SUBSTITUTE SENATE BILL NO. 5188;

                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5274;

                           SUBSTITUTE SENATE BILL NO. 5325;

                           SENATE BILL NO. 5460;

                           SENATE BILL NO. 5484;

                           SENATE BILL NO. 5554;

                           SENATE BILL NO. 5559;

                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5574;

                           SUBSTITUTE SENATE BILL NO. 5668;

                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5671;

                           SENATE BILL NO. 5688;

                           SUBSTITUTE SENATE BILL NO. 5718;

                           SUBSTITUTE SENATE BILL NO. 5721;

                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5739;

                           SUBSTITUTE SENATE BILL NO. 5781;

                           SUBSTITUTE SENATE BILL NO. 5803;

                           ENGROSSED SENATE BILL NO. 6039;

IN TESTIMONY WHEREOF, I have hereunto set my hand

                                                                   and affixed the Seal of the state of Washington, this 17th

                                                                   day of September, 1997.

      (Seal)                                                                                                                                                                                   RALPH MUNRO

Secretary of State

VETOED BILLS

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5011

May 7, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Substitute Senate Bill No. 5011 entitled:

"AN ACT Relating to the financial and reporting requirements of health care service contractors and health maintenance organizations;"

      I fully support the proposal in Substitute Senate Bill No. 5011, which raises minimum net worth requirements for health maintenance organizations, health care service contractors and limited health care service contractors operating in Washington State. The intent of this bill, which was requested by the Insurance Commissioner with the support of the industry, is to protect Washington State policyholders by ensuring the solvency of certain health carriers.

      However, this bill is identical to Engrossed Substitute House Bill 1064, which I signed into law on April 25, 1997.

      For this reason, I have vetoed Substitute Senate Bill No. 5011 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5030

May 20, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval Substitute Senate Bill No. 5030 entitled:

"AN ACT Relating to the appropriation of water from lakes and reservoirs for single-family residential noncommercial garden and landscape irrigation;"

      Substitute Senate Bill No. 5030 would have directed the Department of Ecology to determine if water is available to provide shoreland owners around Lake Washington with a water right for residential noncommercial garden and landscape irrigation. The Department of Ecology determined in 1979 that additional diversions of water from the Lake Washington drainage system would deplete instream flows and lake levels required to support appropriate uses. There does not appear to be reasonable evidence that any additional water would be available today for these purposes, particularly in light of increased pressures associated with potential Endangered Species Act listings for salmon in the Puget Sound basin.

      For these reasons, I have vetoed Substitute Senate Bill No. 5030 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5079

May 20, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval Substitute Senate Bill No. 5079, entitled:

"AN ACT Relating to permit processing;"

      Substitute Senate Bill No. 5079 deals with the private preparation of draft wastewater discharge permits. I commend the intent of this bill to find ways to increase private sector participation in order to make the permit process more timely. However, while the Department of Ecology would still review and approve or deny permits, the time allowed for this review is not sufficient to ensure the thorough review necessary to protect the environment or to allow adequate time for input from the public.

      For these reasons I have vetoed Substitute Senate Bill No. 5079 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5082

May 20, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5082 entitled:

"AN ACT Relating to mental health and chemical dependency treatment for minors;"

      Engrossed Substitute Senate Bill No. 5082 addresses a very important matter, the role of parents in directing mental health and chemical dependency treatment of their teenage minor children. I have vetoed this measure because it leaves unresolved a number of important issues.

      A focus of the bill is parent initiated inpatient mental health and chemical dependency treatment. At the outset of parent initiated inpatient treatment of a minor 13 years of age or older, this bill would substitute a series of professional psychiatric evaluations directed by the Department of Social and Health Services (DSHS) for the early judicial commitment hearing required in law as currently interpreted. This bill would permit approximately 100 days to pass prior to the minor having access to the courts, an unduly long period of time.

      This bill is primarily a response to the case, State v. CPC Fairfax Hospital, 129 Wn.2nd 439 (1996). In that ruling, four justices underscored the importance of due process in involuntary commitments. This bill, in delaying judicial review for a lengthy period, may not satisfy due process.

      The issue of reimbursement for treatment must be handled more completely than is provided by this bill. At some early point in the process of admission of Medicaid eligible minors, the issue of reimbursements for treatment will inevitably arise. The bill would require all determinations (subsequent to the initial one) of whether treatment should continue to be based on a standard of "medically appropriate". It is unclear whether the state would be reimbursed for inpatient treatments that do not meet a standard describing a mental disorder, or even a standard of medical necessity. In the case of private insurers, perhaps some will choose to reimburse at a lower standard than "medically necessary". Others may not. This uncertainty around the financing and reimbursement of potentially costly treatment indicates the need for more careful attention to this matter.

      For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 5082 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5105

May 19, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5105 entitled:

"AN ACT Relating to administrative rule making;"

      This bill would amend the Administrative Procedure Act (APA) as it relates to significant legislative rules that are the same as, or differ from, federal requirements. It would require that such rules expire automatically, unless specific statutory authority is obtained by July 1, 1999 allowing them to overlap or duplicate federal or state laws, or differ from federal law on the same subject matter.

      If the Legislature should fail to act, for whatever reason, this bill could result in abdication of state policy to federal rule makers in crucial areas of public health, safety, environmental protection, and general public welfare. Often, federal requirements are stated as minimum standards or are designed to allow states to customize programs, through rules, to meet unique geographic or other needs. Also, any mechanism that could invalidate a rule by legislative inaction raises constitutional separation of powers questions.

      My Executive Order No. 97-02 directs agencies to review their rules, and to amend or repeal those rules if they do not coordinate with rules of other governmental jurisdictions. I believe this effort can best be addressed by executive leadership.

      For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 5105 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SECOND SUBSTITUTE SENATE BILL NO. 5120

May 20, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Second Substitute Senate Bill No. 5120 entitled:

"AN ACT Relating to fish enhancement with remote site incubators;"

      Second Substitute Senate Bill No. 5120 establishes a program to promote Remote Site Incubators (RSI's) for salmonid recovery. Although RSI's can play a role in salmonid recovery, I have specific concerns that this program is premature because our state's wild salmonid program is not yet in place.

      I urge the Department of Fish and Wildlife (DFW) to look at RSI's in view of the Wild Salmonid Policy and potential Endangered Species Act listings. I encourage DFW to work with the tribes and the legislature to develop guidelines which will allow the use of RSI's while protecting the state's vital wild salmon stocks.

      For these reasons, I have vetoed Second Substitute Senate Bill No. 5120 in its entirety.

      I am hereby returning, without my approval, Second Substitute Senate Bill No. 5120.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5157

May 20, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Substitute Senate Bill No. 5157 entitled:

"AN ACT Relating to sales and use tax exemptions for victims of inclement weather that led to a declaration of a disaster area;"

      Substitute Senate Bill No. 5157 would have established a sales and use tax exemption for labor, services and materials used in repairing buildings, and replacement of private automobiles damaged by natural disasters occurring between November 1, 1995 and June 30, 1997.

      I agree that it is important to assist victims of natural disasters, but I do not believe this bill is the way to do it. Many people would be unable to take advantage of the exemption since they have already repaired or replaced damaged buildings and automobiles. In order to be effective and fair, this bill would have needed to be in place prior to the natural disasters.

      This bill represents a well-intentioned effort to help the victims of weather-related natural disasters. However, the defects of the bill more than offset its good intentions. The program it establishes would be readily subject to fraudulent abuse, and would require extensive and burdensome record keeping by private businesses.

      For these reasons, I have vetoed Substitute Senate Bill No. 5157 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5188

May 19, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Substitute Senate Bill No. 5188 entitled:

"AN ACT Relating to offenders;"

      Substitute Senate Bill No. 5188 would require the full disclosure of 1) the medical information of death row inmates to any person, at any time, for any reason; and 2) the medical information of inmates who use their health status in appeals and petitions for release. Any person would be able to obtain the medical records of these inmates without stating the purpose and intended use of the information.

      I support the death penalty, and have sought the death penalty as a deputy prosecutor. I strongly support that portion of the legislation that requires the disclosure of an inmate's medical records, if the inmate raises his or her medical condition as part of a court proceeding. However, I strongly disagree with the requirement of this bill that all death row inmates' medical records be disclosed to anybody, at any time, for any reason. Medical information is very personal, and should be subject to disclosure only for compelling reasons.

      Because of the way Substitute Senate Bill No. 5188 was drafted, I have only the choice of vetoing or approving the entire bill. I have chosen to veto the bill, and hereby request the legislature to pass legislation next session that is less broad. The portion of the bill that would require disclosure of all death row inmates' medical records stems primarily from the Mitchell Rupe case, where it was rumored that Mr. Rupe sought an organ transplant while on death row. This legislation attempts to address that situation, but goes too far.

      If the legislature wants to allow greater disclosure of death row inmates' medical information under certain circumstances, it should pass legislation that is specific about the authorized recipients and the intended purpose that together establish a compelling public interest.

      For these reasons, I have vetoed Substitute Senate Bill No. 5188 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5274

May 19, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5274 entitled:

"AN ACT Relating to disclosure of students' social security numbers;"

      The federal Family Educational Rights and Privacy Act (FERPA) provides strong safeguards of individual privacy:

∙    Schools may not require a student or parent to provide a student's social security number;

∙    Schools may not penalize a student or parent for not providing a social security number; and

∙    Schools may not release a student's social security number without consent.

      I have no objection to putting these important safeguards in state as well as federal law. However, Engrossed Substitute Senate Bill No. 5274 goes beyond the federal safeguards by prohibiting schools from requesting social security numbers (with limited exceptions).

      This legislation would prohibit using social security numbers for:

∙    Student identification numbers;

∙    Positive identification of two or more students with the same name;

∙    Following student movement between schools; and

∙    Tracking the college experience and employment of high school graduates.

      In December of 1995 the Superintendent of Public Instruction adopted an official policy on Privacy and Confidentiality. In 1996 the Superintendent also distributed a suggested privacy and confidentiality policy for all school districts. I believe these policies, in conjunction with federal requirements, protect the privacy of Washington citizens.

      I too have deep concerns about public and private entities requesting social security numbers. I welcome the legislature engaging in a comprehensive review of the use of social security numbers within our society and would join in efforts to restrict to whom social security numbers can be disseminated.

      For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 5274 in its entirety.

      I am hereby returning, without my approval, Engrossed Substitute Senate Bill No. 5274.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5325

May 19, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Substitute Senate Bill No. 5325 entitled:

"AN ACT Relating to transfer of state forest lands back to counties;"

      Substitute Senate Bill No. 5325 would allow all counties but King to file applications with the Board of Natural Resources for the transfer of Forest Board Transfer lands to the requesting counties. Upon receiving the application, the Board would be required to transfer the lands. The bill specifies the conditions regarding how such lands are to be managed by those counties receiving them.

      In authorizing a shift in management from the Department of Natural Resources (DNR) to the requesting counties, this bill would represent a fundamental policy change at the expense of non-county beneficiaries of state trust lands.

      It has been a long-standing policy of the DNR to consolidate state forest lands to obtain economies of scale. By allowing counties to take over these lands, Substitute Senate Bill No. 5325 would make it more expensive to manage the remaining state trust lands and would result in less revenue for other trust beneficiaries including the common schools. In addition, the bill would significantly reduce the DNR's fire fighting capability, imposing extra costs on local governments and risks to local communities.

      This bill would not permit the inclusion of the lands transferred to counties in the recently signed Habitat Conservation Plan (HCP), without the agreement of the counties. To remove major portions of land from the state trust management system would place additional harvest restrictions on the remaining lands and reduce revenues for their beneficiaries.

      For these reasons, I have vetoed Substitute Senate Bill No. 5325 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SENATE BILL NO. 5460

May 9, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Senate Bill No. 5460 entitled:

"AN ACT Relating to the use of public funds;"

      Senate Bill No. 5460 attempts to address a valid question: To what extent should private organizations funded in part from fees derived from public funds be permitted to engage in campaigns for or against candidates or ballot issues?

      This is a more complicated issue than is recognized by the bill. There is a great range of organizations funded in part by dues, fees or assessments paid from public funds. These include private, voluntary associations of government entities; organizations that include governments and businesses as members; and health maintenance organizations funded with fees paid for public-employee members. Some of these organizations are directly involved in government and public issues. Others may serve the private needs of individuals but may be affected by political issues.

      This bill would prohibit any of these organizations from engaging in campaigns for or against ballot issues or candidates, if more than 25% of their income is derived from fees or assessments paid with public funds. That is more restrictive than the law that applies to elected officials or public agencies, which provides an exception for the "normal and regular" duties of public office.

      Senate Bill No.5460 does not distinguish between the public and private nature of affected organizations, or distinguish appropriate functions from inappropriate election activity.

      For these reasons, I have vetoed Senate Bill No. 5460 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SENATE BILL NO. 5484

May 9, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Senate Bill No. 5484 entitled:

"AN ACT Relating to water recreation facilities;"

      Senate Bill No. 5484 would greatly increase the number of swimming pools or other water recreation facilities owned by the homeowner associations and mobile home parks that are exempt from health and safety rules, and create a serious health and safety risk to residents of Washington. While I am sensitive to the economic impacts regulation has on small homeowner associations and mobile home parks, the increased risk of illness, injury or death that would be created by this bill cannot be justified.

      I am directing the Department of Health to review the Water Recreation Program regulations and to work with local health jurisdictions to assure that program rules, fees and charges are equitable both to protect the health and safety of the public and to limit the financial burden on the facilities affected.

      For this reason, I have vetoed Senate Bill No. 5484 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SENATE BILL NO. 5554

May 9, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Senate Bill No. 5554 entitled:

"AN ACT Relating to deeds of trusts;"

      Senate Bill No. 5554 would have amended the deed of trust act to modify certain notice and other provisions related to foreclosure sales. Although many of the provisions of the bill would have helped to clarify the law and have my support, I have concerns about the possible implications of other provisions.

      During the drafting of this bill, adequate opportunity for consideration and comment was not provided to the relevant Washington State Bar Association committees and to attorneys with active practices involving the complex law of deeds of trust and foreclosure. Several concerns have been raised about the possible unintended consequences of this bill. The law of deeds of trust and foreclosure is fundamental, and cannot be changed without very careful consideration.

      I urge the primary drafters of Senate Bill No. 5554 to work together with the state bar association and interested practitioners to develop legislation that has the full consideration and involvement of the range of interested parties.

      For these reasons, I have vetoed Senate Bill No. 5554 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SENATE BILL NO. 5559

May 9, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Senate Bill No. 5559 entitled:

"AN ACT Relating to exempting unassisted self-service motor vehicle wash, wax, and vacuum services rendered through coin-operated devices from sales and use taxes;"

      Senate Bill No. 5559 would provide a sales and use tax exemption for coin-operated self-service motor vehicle wash and wax facilities. No other coin-operated vending machines in Washington are granted an exemption from the sales and use tax (except for pay telephones on the justification that they are a necessity). It would not be good precedent to begin creating new tax exemptions for coin-operated vending machines.

      For this reason, I have vetoed Senate Bill No. 5559 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5574

May 20, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5574 entitled:

"AN ACT Relating to property tax reform;"

      Engrossed Substitute Senate Bill 5574 would significantly increase the information that is required to be printed on tax statements and ballot measures, and would change how interest is charged for the late payment of property taxes.

      Among other things, this bill would benefit the one percent of the state's property owners who are delinquent in paying their property taxes, and do nothing to solve the problem of higher property taxes. As written this will make it impossible for political subdivisions to submit many levy or bond issues. The bill also requires certain information to be printed on ballots, before that information can be known.

      For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 5574 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5668

May 20, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Substitute Senate Bill No. 5668 entitled:

"AN ACT Relating to temporary worker building codes;"

      Substitute Senate Bill No. 5668 would direct the Department of Health to adopt, by rule, the temporary worker building code developed by the state building code council. The intent of this new code was to encourage the development of temporary worker housing by reducing the standards of the regular building code while still meeting the basic health and safety needs of workers.

      It is with difficulty that I have come to the decision to veto Substitute Senate Bill No. 5668. Existing living conditions for farm workers and their families are deplorable. From April through November, there are thousands of people working the harvest in the state of Washington who live without basic housing and sanitary facilities, in conditions that our society should, and does, find unacceptable. It is my firm conviction that we must resolve the need for adequate housing for the thousands of workers who are the backbone of the agricultural economy of this state.

      Substitute Senate Bill No. 5668 represents a commendable effort to address this issue and to improve the living conditions of farm workers. I appreciate the hard work and good intentions of the people and the state agencies responsible for developing this proposal for temporary worker housing. However, our state can do better in meeting the basic requirements for adequate housing.

      While this legislation addresses the issues related to construction of temporary housing structures, it fails to address the basic living conditions of the workers and children who would reside in these structures. There is no certainty in the requirements for insulation to protect from the heat and cold; standards for electricity; and simple provisions for occupancy, such as refrigeration for the milk and medicine for the children who will live in these structures.

      Finally, Substitute Senate Bill No. 5668 does not have the support or acceptance of the people it is intended to help. Farm workers and Spanish speaking people across the state have voiced their opposition to this legislation and to a building code they consider sub-standard. Without their support, leadership and commitment, I am convinced that there will be no solution to the housing problem for farm workers.

      This veto should not be interpreted as the end of the process, but rather a call to continue from this point to improve this proposal so that we may bring forward a better solution to farm worker housing. This problem cannot be solved in one piece; there is a need for adequate affordable community housing for workers who are year-round residents, and a need for on-site housing for peak agricultural seasons. Farm workers, growers, farming communities and state agencies must come together on a more comprehensive housing proposal that results in good, quality housing for our agricultural workers.

      For these reasons, I have vetoed Substitute Senate Bill No. 5668 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5671

May 19, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5671 entitled:

"AN ACT Relating to issuances by administrative agencies;"

      Engrossed Substitute Senate Bill No. 5671 would amend the Administrative Procedure Act (APA) by restructuring the definition of "rule" to cover any generally applicable document issued by an agency, such as a letter, guideline, memorandum, or policy statement, unless the document is advisory only. The bill is an attempt to address a serious regulatory issue -- whether or not certain documents issued by agencies, that may be perceived as binding on the public, should be adopted as rules.

      I share the concern over this issue and understand the aggravation of business owners who may be subject to sanctions for violation of standards that have not undergone formal rule making. That is unfair and not acceptable.

      While I agree with these concerns, I believe that government should work to address the problem without making even more rules. Additional rule making does not always make sense from the standpoint of cost and the sheer number of decisions that need to be made in some programs on very short notice. To put all of these decisions into rules would be costly, time-consuming, and could jeopardize the health and safety of citizens.

      My Executive Order 97-02, relating to regulatory improvement, addresses this concern by directing agencies to review their policy and interpretive statements or similar documents to determine if they should be adopted as rules. Agencies will consult with the Attorney General's office in this review and will modify their practices, if necessary, either administratively or through future legislation. Agencies are also directed to work with the business community and other constituent groups to identify and resolve specific problems. I firmly believe that it is wiser to address these concerns by concentrating on identifiable problem areas within each agency before embracing broader statutory change that may have unintended consequences.

      For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 5671 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SENATE BILL NO. 5688