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THIRD DAY - FIRST SPECIAL SESSION
MORNING SESSION
House Chamber, Olympia, Wednesday, May 19, 1999
The House was called to order at 10:00 a.m. by Speaker Pro Tempore Pennington. 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 Joseph Beck and Lindsey Michelson. Prayer was offered by Representative Doug Erickson.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
May 18, 1999
Mr. Speaker:
The Senate has passed:
ENGROSSED HOUSE BILL NO. 2297,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House advanced to the seventh order of business.
SENATE AMENDMENTS TO HOUSE BILL
May 17, 1999
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091 with the following amendment(s):
On page 20, on line 13, after "subject to the" strike "current" and insert "permanent"
On page 48, after line 7, insert the following:
"NEW SECTION. Sec. 903. In order to facilitate healthy streams and foster salmonid recovery efforts, the Department of Natural Resources shall conduct a survey of publicly held lands in Washington with unconfined avulsing streams as defined in section 301 of this act that do not have sufficient forest canopy to adequately shade such streams. By January 1, 2001, the Department shall report such findings to the legislature along with the reasons for the lack of canopy and an estimate of the resources needed and a schedule for reforestation of such lands."
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 2091 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2091 as amended by the Senate.
MOTIONS
On motion of Representative Wolfe, Representative Scott was excused. On motion of Representative Fortunato, Representatives Campbell, McMorris and Van Luven were excused.
Representatives Buck and Regala spoke in favor of passage of the bill as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2091, as amended by the Senate and the bill passed the House by the following vote: Yeas - 67, Nays - 27, Absent - 0, Excused - 4.
Voting yea: Representatives Alexander, Ballasiotes, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Conway, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Eickmeyer, Ericksen, Esser, Fortunato, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kastama, Keiser, Kessler, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, Miloscia, Mitchell, Mulliken, Murray, Ogden, Parlette, Pennington, Pflug, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, H. Sommers, Sullivan, Talcott, Tokuda, Veloria, Wensman, Wolfe, Mr. Speaker Ballard and Mr. Speaker Chopp - 67.
Voting nay: Representatives Anderson, Barlean, Boldt, Constantine, Cooper, Dickerson, Dunshee, Edmonds, Edwards, Fisher, Gombosky, Kagi, Kenney, Koster, Lambert, McIntire, Mielke, Morris, O'Brien, Poulsen, Ruderman, Santos, Schual-Berke, Stensen, Sump, Thomas and Wood - 27.
Excused: Representatives Campbell, McMorris, Scott and Van Luven - 4.
Engrossed Substitute House Bill No. 2091, as amended by the Senate, having received the constitutional majority, was declared passed.
Speaker Ballard assumed the chair.
SIGNED BY THE SPEAKERS
The Speakers signed the following bills:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091,
ENGROSSED HOUSE BILL NO. 2297,
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2304 by Representatives Quall, Talcott, Edwards, McIntire, McDonald, Edmonds and Kenney
Providing for school safety programs.
Representative Pennington withdrew his request for a Scope & Object ruling on amendment 406 by Representative Murray (See Journal, Day 2, May 18, 1999).
Representative Murray withdrew his amendment (406) (See Journal, Day 2, May 18, 1999).
There being no objection, amendments 409, 411 and 412 were withdrew.
Representative Quall moved the adoption of amendment (415):
Beginning on page 1, line 14, strike all material through "subsection." on page 2, line 6, and insert the following:
"(2) School safety programs for prevention and intervention. School districts may apply for and administer these grants independently or jointly with other school districts or educational service districts. The funds may be expended for proven-effective programs to improve safety in schools, including: Security assessments of school facilities; violence prevention and reporting training for staff as appropriate to the particular duties and responsibilities of the specific staff, including administrators; nonviolence and leadership training for staff and students; and school safety plans. The educational service districts and school districts may contract for any services under this subsection.
(3) The superintendent of public instruction shall report to the education committees of the house of representatives and senate on the number and types of programs administered through these grants by February 15, 2001, and February 15th of every two years thereafter."
Representative(s) Quall, McDonald, Kastama and Talcott spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Quall moved the adoption of amendment (414):
On page 2, beginning on line 7, strike all of section 2 and insert the following:
"NEW SECTION. Sec. 2. For the fiscal biennium ending June 30, 2001, the sum of two million five hundred thousand dollars, or so much thereof as may be necessary, is appropriated from the general fund--state and the sum of five hundred thousand dollars, or so much thereof as may be necessary, is appropriated from the public safety and education account to the superintendent of public instruction for matching grants to enhance security in schools. These appropriations are a supplement to the five million nine hundred twenty three thousand dollar appropriation for school security contained in section 501(2)(e), chapter 309, laws of 1999, and shall be expended in the same manner and for the same purposes."
Representative(s) Quall and Talcott spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Quall, Lambert, Schual-Berke, G. Chandler, Talcott, McIntire, Cox, Dunshee, McDonald, Keiser, Kastama and Santos spoke in favor of passage of the bill.
Speaker Ballard called upon Representative Pennington to preside.
MOTIONS
On motion of Representative Wolfe, Representative Murray was excused. On motion of Representative Wensman, Representative Crouse was excused.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2304.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2304, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.
Excused: Representatives Crouse, Murray and Scott - 3.
Engrossed House Bill No. 2304, having received the constitutional majority, was declared passed.
There being no objection, Engrossed House Bill No. 2304 was immediately transmitted to the Senate.
Speaker Ballard assumed the chair.
MESSAGES FROM THE SENATE
May 19, 1999
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247,
SUBSTITUTE HOUSE BILL NO. 2273,
and the same are herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595,
and the same is herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247,
SUBSTITUTE HOUSE BILL NO. 2273,
MESSAGES FROM THE SENATE
May 19, 1999
Mr. Speaker:
The President has signed:
ENGROSSED HOUSE BILL NO. 2297,
and the same are herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091,
and the same is herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The President has signed:
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595,
and the same is herewith transmitted.
Tony M. Cook, Secretary
SENATE AMENDMENTS TO HOUSE BILL
May 19, 1999
Mr. Speaker:
Under suspension of rules, the Senate returned ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125 to Second Reading for purpose of amendment(s). The Senate adopted striking amendment #543 as amended by Floor Amendment #547, and passed the bill as amended,
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2001.
(2) Legislation with fiscal impacts enacted in the 1997 or 1998 legislative session not assumed in this act are not funded in the 1997-99 transportation budget.
(3) Legislation with fiscal impacts enacted in the 1999 legislative session not assumed in this act are not funded in the 1999-01 transportation budget.
(4) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
(a) "Fiscal year 2000" or "FY 2000" means the fiscal year ending June 30, 2000.
(b) "Fiscal year 2001" or "FY 2001" means the fiscal year ending June 30, 2001.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(e) "Provided solely" means the specified amount may be spent only for the specified purpose.
(f) "Performance-based budgeting" means a budget that bases resource needs on quantified outcomes and results expected from use of the total appropriation. "Performance-based budgeting" does not mean incremental budgeting that focuses on justifying changes from the historic budget or to line-item input-driven budgets.
(g) "Goals" means the statements of purpose that identify a desired result or outcome. The statements shall be realistic, achievable, directive, assignable, evaluative, and logically linked to the agency's mission and statutory mandate.
(h) "Strategic plan" means the strategies agencies create for investment choices in the future. All agency strategic plans shall present alternative investment strategies for providing services.
(i) "Enacted in the form passed by the legislature" means the referenced bill, as identified by a four-digit number, was:
(i) Passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto; or
(ii) Attached in full onto another bill as an amendment and the entire bill, including the amendment, was passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto.
NEW SECTION. Sec. 2. The legislature recognizes that the 1999 endangered species act listing or proposed listing of salmonid species throughout the state of Washington may require increased operational and capital expenditures for transportation. As the state's fiscal obligations pursuant to the listing or proposed listing become clearer over time, it may be necessary to revisit funding decisions reflected in this act in order to shift resources to meet those obligations. The department of transportation, the transportation improvement board, and the county road administration board shall report to the legislature on December 1, 1999, on capital project delay impacts, including impact on costs and project delivery, due to the endangered species act listing or proposed listing.
PART I
GENERAL GOVERNMENT AGENCIES--OPERATING
NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 327,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The entire appropriation is provided solely for costs associated with the motor fuel quality program.
NEW SECTION. Sec. 102. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 900,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $103,000 of the appropriation is provided solely for the local government finance reporting system project. This amount shall lapse unless $207,000 is appropriated for this project from the state general fund; and
(2) $202,000 of the appropriation is provided solely for the transportation infrastructure needs data base project. This amount shall lapse unless $405,000 is appropriated for this project in the omnibus operations appropriations act.
(3) $325,000 of the appropriation is provided solely for contracting with the office of the state auditor for the collection of local government fiscal data associated with the local government finance reporting system. In implementing the reporting system, the legislative evaluation and accountability program shall work with the local government finance study technical advisory committee. The committee shall include, but not be limited to, one member from the senate and one member from the house of representatives. An alternate legislator shall also be picked for each designated legislator to serve in the event that the designated legislator is unable to fulfill his or her duties on the committee. This amount shall lapse unless the legislature appropriates $325,000 for the same purpose by June 30, 1999, in the omnibus appropriations act.
NEW SECTION. Sec. 103. FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Grade Crossing Protective Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $ 111,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The utilities and transportation commission shall develop a competitive rail grade crossing safety grant program which will fully fund selected safety projects to the extent allowable under chapter 81.53 RCW.
(2) Beginning on the effective date of this act through May 1, 2000, the utilities and transportation commission may not grant any new certificates under chapter 81.68 RCW in any areas where a public transportation system has been formed.
(3) The appropriation in this section is for the fiscal year ending June 30, 2000.
(4) During the 1999 interim the legislative transportation committees shall convene a task force to study issues related to the siting of, and fees charged for the siting of, utility facilities on, over, under, and along railroad rights of way.
NEW SECTION. Sec. 104. FOR THE STATE PARKS AND RECREATION COMMISSION
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 931,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: A report of actual expenditures and descriptions of the expenditures from the motor vehicle fund will be submitted to the legislature with the governor's 2001-2003 biennial budget request. GENERAL GOVERNMENT AGENCIES--CAPITAL
NEW SECTION. Sec. 105. FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,690,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $900,000 is a reappropriation provided to complete the Cama Beach project and the Damon point project funded in section 110, chapter 457, Laws of 1997. The projects shall be completed by June 30, 2001. Upon completion of these projects any surplus funding may be used for the projects listed in subsection (2) of this section.
(2) $1,790,000 is a one-time appropriation provided solely for the following projects, apportioned as follows:
(a) Ike Kinswa State Park, $100,000 to commission a hydrology and geology study for the park road drainage system and a traffic study of the intersection of the park entrance roads with SR 122;
(b) Mt. Spokane State Park, $1,300,000;
(c) Beacon Rock State Park, $300,000; and
(d) Cama Beach State Park, $90,000.
These projects shall be completed by June 30, 2001. Project status reports shall be submitted to the senate transportation committee and the house of representatives transportation committee in January 2000 and January 2001.
PART II
TRANSPORTATION AGENCIES
NEW SECTION. Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account--State Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,452,000
Highway Safety Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,038,000
School Zone Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,004,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,494,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: $25,000 of the highway safety account--state is provided as a one-time appropriation to implement the Cooper Jones act, chapter 165, Laws of 1998.
NEW SECTION. Sec. 202. FOR THE BOARD OF PILOTAGE COMMISSIONERS
Pilotage Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 290,000
NEW SECTION. Sec. 203. FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,510,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,546,000
Motor Vehicle Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 376,000
County Arterial Preservation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . $ 28,612,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 111,044,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $8,000,000 of the motor vehicle account--state appropriation is provided solely for projects on the freight and goods systems on county roads.
NEW SECTION. Sec. 204. FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 104,508,000
Transportation Improvement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . $ 99,414,000
Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 33,496,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 237,418,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: To the extent practicable, the board shall give preference, for amounts which would otherwise be granted to cities, to those projects which complement projects funded under the county corridor congestion relief program contained in section 232(8) of this act.
NEW SECTION. Sec. 205. FOR THE SENATE
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,378,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation in this section is provided solely to fund the activities of the senate transportation committee.
(2) The senate transportation committee shall work during the 1999 interim with members of the senate ways and means committee to assess funding options for aviation.
(3) The senate transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
(4) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:
(a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;
(b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;
(c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and
(d) Evaluate governance issues associated with road jurisdiction.
(5) The committee shall oversee program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the senate transportation committee.
NEW SECTION. Sec. 206. FOR THE HOUSE OF REPRESENTATIVES
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,378,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation in this section is provided solely to fund the activities of the house of representatives transportation committee.
(2) The house of representatives transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
(3) The committee shall oversee program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the house of representatives transportation committee.
(4) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:
(a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;
(b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;
(c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and
(d) Evaluate governance issues associated with road jurisdiction.
NEW SECTION. Sec. 207. FOR THE BLUE RIBBON COMMISSION ON TRANSPORTATION
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,800,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The $1,800,000 motor vehicle account--state appropriation is provided solely for the purpose of enabling the blue ribbon commission on transportation to fulfill its mission. The funds are to be administered by the senate transportation committee and the house of representatives transportation committee on behalf of the blue ribbon commission on transportation.
(2) The blue ribbon commission on transportation shall commission and supervise the development of a modal trade-off model. The purpose of the model is to assist, not replace decision making; it will not simply produce numerical solutions. The model shall be developed in cooperation with the senate transportation committee, the house of representatives transportation committee, the transportation commission, and the department of transportation's modal directors of research, planning, and programming.
NEW SECTION. Sec. 208. FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 356,000
NEW SECTION. Sec. 209. FOR THE TRANSPORTATION COMMISSION
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 807,000
NEW SECTION. Sec. 210. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 600,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: When approving projects, the freight mobility strategic investment board shall:
(1) Emphasize funding projects according to their order on the prioritization list developed by the board;
(2) Not allow the program's share of total project cost to exceed sixty-five percent unless the board grants a special exception;
(3) Set a $50,000,000 cap on the amount it will authorize for any one project; and
(4) Give a project a higher priority designation if project partners increase their funding and the board deems the reprioritization is appropriate.
NEW SECTION. Sec. 211. FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU
State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 154,538,000
State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,153,000
State Patrol Highway Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 169,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 160,860,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The following amounts are provided solely for administration of the field operations group subprogram: $120,372,000 of the state patrol highway account--state appropriation; $2,854,000 of the state patrol highway account--federal appropriation; and $83,000 of the state patrol highway account--private/local appropriation.
(2) The following amounts are provided solely for the administration of the commercial vehicle division subprogram: $26,367,000 of the state patrol highway account--state appropriation; $3,299,000 of the state patrol highway account--federal appropriation; and $86,000 of the state patrol highway account--private/local appropriation.
(3) $7,799,000 of the state patrol highway account--state appropriation is provided solely for the administration of the traffic investigation division subprogram.
(4) $1,137,000 of the state patrol highway account--state appropriation is provided solely for the license fraud task force to begin on July 1, 1999. Positions funded are one sergeant/detective, three Washington state patrol detectives, and one clerical support person, for administrative support for the task force as a whole. $115,400 of this amount is for reimbursement to the department of revenue and $228,315 of this amount is for reimbursement to the attorney general's office. If Senate Bill No. 5706 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse. Any funds provided in this subsection not used to implement Senate Bill No. 5706 as enacted by the legislature shall revert at the end of the 1999-01 biennium.
(5) $1,435,000 of the state patrol highway account--state appropriation is provided solely to the field operations group subprogram as a one-time appropriation to begin funding phase III of the Washington state patrol's upgrade to the state-wide emergency communication system. The Washington state patrol shall provide a full analysis of the costs, benefits, and requirements for completing all phases of the upgrade to the state-wide emergency communication system to the senate transportation committee and the house of representatives transportation committee by December 1, 1999.
(6) The Washington state patrol is authorized to use the federal community-oriented policing program (COPS) for 18 COPS troopers to begin in July 2000. The troopers must be used on the state's highways and up to six may be utilized in the Vancouver, Washington area.
NEW SECTION. Sec. 212. FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU
State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,015,000
State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 104,000
State Patrol Highway Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 743,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 67,862,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $877,000 of the state patrol highway account--state appropriation is provided solely to maintain pursuit vehicles and provide for replacement of the vehicles at 110,000 miles. The agency may purchase a total of 354 pursuit vehicles during the biennium ending June 30, 2001. The appropriation in this section reflects carry forward and new funding due to the consolidation of gasoline, maintenance, parts, and pursuit vehicles into the fleet section of the support services bureau.
NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES
Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 118,000
Wildlife Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,000
Highway Safety Account--State Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,578,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,571,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,317,000
NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS
Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 102,000
Wildlife Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 46,000
Highway Safety Account--State Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,725,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,651,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,524,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $745,000 of the highway safety fund--state appropriation is a reappropriation of funds originally appropriated for the document scanner project in the 1997-99 biennium.
NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES
Marine Fuel Tax Refund Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
Wildlife Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 556,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 56,137,000
DOL Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,907,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 59,626,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $81,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5000 enacted in the form passed by the legislature. If Senate Bill No. 5000 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(2) $273,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5280 enacted in the form passed by the legislature. If Senate Bill No. 5280 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(3) $82,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5641 enacted in the form passed by the legislature. If Senate Bill No. 5641 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(4) $300,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 6009 enacted in the form passed by the legislature. If Senate Bill No. 6009 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(5) $15,000 of the motor vehicle account--state appropriation is provided solely to implement House Bill No. 2201 enacted in the form passed by the legislature.
(6) The department of licensing shall issue license plate emblems at the discretion of the adjutant general.
NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES
Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 1,960,000
Highway Safety Account--State Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 78,075,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 80,035,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,880,000 of the highway safety account--state appropriation is provided solely for the department to enter into a contract for the implementation of an improved state driver's license and identicard. The contract with the vendor providing the improved license and identicard shall state that the license and the identicard shall not contain: (a) The driver's social security number in either visible or machine readable form; or (b) the driver's fingerprint or thumbprint. Consistent with RCW 42.17.260(9) the department shall not sell or otherwise make available any information that it gathers from citizens of the state of Washington in administering the driver's licensing program except as already authorized in Title 46 RCW.
(2) In September of 1999 the department of licensing shall report to the senate transportation committee and the house of representatives transportation committee on:
(a) The controls implemented by the department to ensure the integrity and credibility of the written driver's license test administered by the department; and
(b) The policies and procedures implemented by the department to ensure that the driver's manuals produced and distributed by the department contain correct data based on current federal, state, and local statutes, ordinances, and rules.
(3) $610,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1147 enacted in the form passed by the legislature. If House Bill No. 1147 is not enacted in the form passed by the legislature by June 30, 1999, the amount provided in this subsection shall lapse.
(4) $17,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1774 enacted in the form passed by the legislature. If House Bill No. 1774 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(5) $130,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 2259 enacted in the form passed by the legislature. If House Bill No. 2259 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(6) $34,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 5374 enacted in the form passed by the legislature. If Senate Bill No. 5374 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(7) If Senate Bill No. 6009 is enacted in the form passed by the legislature $335,000 of the highway safety fund--state appropriation shall lapse.
(8) $329,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 5399 enacted as passed by the legislature.
NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 44,508,000
Motor Vehicle Account--Federal Appropriation$ 400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 44,908,000
NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION--PROGRAM F
Aeronautics Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,010,000
Aircraft Search and Rescue Safety and Education Account--State Appropriation. . . . . . .$ 159,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 247,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,416,000
NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 630,010,000
Motor Vehicle Account--Federal Appropriation$ 234,939,000
Motor Vehicle Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 43,344,000
High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 110,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 55,220,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 197,284,000
Transportation Account--Federal Appropriation$ 56,808,000
Puyallup Tribal Settlement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 8,662,000
Transportation Infrastructure Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . $ 1,750,000
Transportation Infrastructure Account--Private/Local Appropriation. . . . . . . . . . . . . . . . $ 1,750,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,229,877,000
The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The special category C account--state appropriation of $55,220,000 includes $40,500,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5060 or House Bill No. 1203 enacted in the form passed by the legislature. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle account--state appropriation includes $1,285,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(3) The department shall report December 1st and June 1st of each year to the senate transportation committee and the house of representatives transportation committee and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.
(4) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
(5) The north Sumner interchange project shall be funded entirely from the motor vehicle account appropriation. The project shall no longer receive a portion of its funding from the economic development account.
(6) $34,920,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.
(7) The motor vehicle account--state appropriation includes $469,779,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(8) $500,000 of the motor vehicle account--state appropriation is provided solely for analysis and design of congestion solutions at the intersections of the South Lake Union/Mercer corridor with Interstate 5 and SR 99. The amount provided in this subsection shall be expended on the state's portion of the project. The department's authority to expend the amount referenced in this subsection is contingent on the city of Seattle appropriating $500,000 or more toward design and analysis for the local street portion of the project.
(9) $10,000,000 of the motor vehicle account--state appropriation and $40,000,000 of the transportation account--state appropriation are provided as a cash contribution for the development of the public private initiatives project at Tacoma Narrows. State funds shall be used initially for the acquisition of right of way and the forensic studies of the existing bridge including purchase of equipment necessary to conduct the studies. The balance of state funds not required for acquisition of right of way and forensic studies shall be placed with the designated bond trustee at the same time the privately secured debt proceeds are deposited.
(10)(a) $3,992,000 of the motor vehicle account--state appropriation is provided for the following two highway projects on SR 16 except as set forth under (b) of this subsection: Union to Sixth avenue/Pearl street and Sixth avenue/Pearl street to Jackson avenue. These projects are part of a coordinated approach that, along with construction of the Tacoma Narrows bridge project, will provide congestion relief on the SR 16 corridor. The appropriations in this section include funds for the construction of high occupancy vehicle (HOV) lanes on SR 16 on both the eastern and western sides of the Tacoma narrows bridge. The HOV construction project is part of a coordinated approach that, along with construction of the Tacoma Narrows bridge project, will provide congestion relief on the SR 16 corridor.
(b) If the Tacoma Narrows bridge project is delayed, the transportation commission may reprioritize projects on SR 16.
(11) $5,800,000 of the motor vehicle account--state appropriation is provided solely for the completion of the weigh stations at Stanwood and Cle Elum along with weigh in motion at those sites an weigh in motion at Fort Lewis Northbound. The Washington state patrol and department of transportation shall work cooperatively to complete these projects.
(12) $485,000 of the motor vehicle account--state appropriation is a reappropriation provided solely to enable the translake committee to finalize and present its recommendations. Upon presentation of the recommendations, or upon the expenditure of the appropriation provided by this subsection, the department of transportation shall disband the committee.
(13) $800,000 of the motor vehicle account--state appropriation is provided solely to the Washington state department of transportation, office of urban mobility, to advance the recommendations of the translake Washington study committee. These funds shall be used to develop a scope of work for an environmental impact statement and related engineering work, including an environmental strategy, a decision process, a statement of purpose and need, and a formal notice of intent. None of the appropriation for the scope of work for the environmental impact statement shall be available to support any activities of the translake Washington study committee.
(14) $500,000 of the motor vehicle fund--state appropriation is provided solely for predesign of the northeast 44th street interchange on I-405. The department of transportation and the city of Renton shall develop a proposal that includes a funding plan for the interchange that specifies the partner's share of the cost. The department and the city shall report to the legislative transportation committees by December 1, 1999.
NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,212,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,162,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,374,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The motor vehicle fund--state appropriation includes $10,162,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of the Tacoma narrows bridge improvements under the public-private transportation initiative program authorized under chapter 47.46 RCW; and for support costs of the public-private transportation initiatives program.
NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 251,426,000
Motor Vehicle Account--Federal Appropriation$ 887,000
Motor Vehicle Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,417,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 255,730,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 318,691,000
Motor Vehicle Account--Federal Appropriation$ 284,587,000
Motor Vehicle Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,117,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 121,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 606,516,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $6,650,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q
State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 221,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37,085,000
Motor Vehicle Account--Federal Appropriation$ 1,662,000
Motor Vehicle Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 122,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 39,090,000
The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:
(1) The motor vehicle account--state appropriation includes $4,324,000 for state matching funds for federally selected competitive grant or congressional earmark projects other than commercial vehicle information system and network (CVISN). These moneys shall be placed into reserve status until such time as federal funds are secured and a state match is required. If matching federal funds are not obtained by September 30, 2000, the amount provided in this subsection shall lapse.
(2) The motor vehicle account--state appropriation includes $600,000 for a two-year pilot program for contracted roving service patrols. The department shall provide a progress report on this pilot program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee on December 1, 2000. The pilot program will be evaluated with future direction and funding to be determined by the documented results and benefits of the pilot program.
NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Puget Sound Capital Construction Account--State Appropriation. . . . . . . . . . . . . . . . . . . $ 4,464,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 98,390,000
Motor Vehicle Account--Federal Appropriation$ 125,000
Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 6,308,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,517,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 110,804,000
The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity: $586,000 of the motor vehicle account--state appropriation is provided solely to enable the secretary of transportation to implement a leadership training program at the department of transportation. The program shall include a mentoring component. The department shall develop performance measures to evaluate the effectiveness of the program, including but not limited to a performance measure to determine the effect of the program on employee retention. The department shall provide a progress report on the training program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee by December 1, 2000.
NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,109,000
Motor Vehicle Account--Federal Appropriation$ 17,000,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,371,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30,480,000
NEW SECTION. Sec. 226. FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
(1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,595,000
Puget Sound Ferry Operations--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,155,000
(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 907,000
(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,743,000
(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,240,000
(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,039,000
(6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--Puget Sound Ferry Operations Account--State Appropriation. . . . $ 3,462,000
(7) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 158,000
(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90,000
(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,100,000
(10) FOR ARCHIVES AND RECORDS MANAGEMENT
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 392,000
NEW SECTION. Sec. 227. FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 3,701,000
Air Pollution Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,253,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,187,000
Transportation Account--Federal Appropriation$ 7,345,000
Transportation Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 105,000
Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 800,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 24,391,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Up to $750,000 of the transportation account--state appropriation is provided solely for grants and activities relating to coordinating special needs transportation among state and local providers. When selecting grant recipients, the agency council on coordinated transportation shall give priority to projects and programs that can be accomplished in the 1999-2001 biennium. The department may expend up to $250,000 without a matching appropriation. The department's authority to expend more than that amount is conditioned upon the legislature authorizing a matching appropriation equal to the total expenditure of the amount provided in this subsection.
(2) $50,000 of the public transportation systems account--state appropriation is provided solely to continue and enhance an existing pilot project between a public transit provider and a school district expanding public transit service to high school students in order to reduce the use of single occupancy vehicles.
(3) The department shall assess its commute trip reduction program. The assessment shall include an evaluation of tax credits or other incentives to employers who reduce commute trips to their work sites by encouraging employees to telecommute. Up to $50,000 of the air pollution control account--state appropriation is provided for a pilot project implementing telecommuting as part of the commute trip reduction program. The pilot project may include use of tax credits or other financial incentives.
(4) In evaluating applications for rural mobility grants to public transportation agencies, the department shall give added weight to projects that improve connectivity among transit providers and across jurisdictional boundaries.
(5) $4,900,000 of the transportation account--federal appropriation is provided solely for commute trip reduction programs administered by the department of transportation. These funds come from the TEA-21 congestion mitigation air quality program. The office of financial management shall place $1,000,000 of the air pollution control account--state appropriation in reserve status.
NEW SECTION. Sec. 228. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Puget Sound Capital Construction Account--State Appropriation. . . . . . . . . . . . . . . . . . . $ 140,135,000
Puget Sound Capital Construction Account--Federal Appropriation. . . . . . . . . . . . . . . . . $ 29,575,000
Passenger Ferry Account--State Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 789,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 116,221,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 286,720,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriations in this section, unless otherwise specified, are provided to carry out only the projects in the Washington state ferries capital program plan - version 3. The department shall reconcile the 1997-99 capital expenditures within ninety days of the end of the biennium and submit a final report to the senate transportation committee, the house of representatives transportation committee, and the office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $27,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) $1,500,000 of the motor vehicle account--state appropriation is provided solely for preliminary engineering activities to develop a new class of auto/passenger ferries. The design specifications for the vessels shall require that the vessels deliver optimal performance in terms of vessel speed, safety, reliability, and minimization of environmental impacts including damage on the shoreline from the wake of the vessels. The vessels are intended to ensure Washington state ferries compliance with applicable international and domestic vessel safety standards and the Americans with disabilities act on identified routes. This class of ferries should have a single adaptable design able to operate efficiently and effectively on different ferry routes, each of which has specific vessel capacity and handling requirements. These vessels are intended to relieve existing and projected vehicular traffic demand on congested routes such as, but not limited to, Seattle/Bremerton, Fauntleroy/Southworth, and Port Townsend/Keystone.
(a) Washington state ferries shall prepare:
(i) A conceptual design outlining the owner's functional requirements;
(ii) A design report that includes a budget estimate and outline of specifications and plans;
(iii) Specific contractual requirements and specifications;
(iv) An evaluation of using the request for proposals process in accordance with RCW 47.56.030;
(v) A request for interest to provide a propulsion system for this vessel class; and
(vi) An exploration of a public private partnership between Washington state ferries, shipbuilders, and their supporting engineering firms for design and construction of the vessel or vessels.
(b) Washington state ferries shall report to the legislature by December 1, 1999, on the conceptual design criteria and budget estimates for preferred hull design and propulsion system/engine alternatives. The report shall include recommended statutory changes that the legislature would need to enact in order to proceed with acquisition of this class of vessels.
(4) The motor vehicle account--state appropriation includes $110,729,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) The department shall structure the request for proposal for the purchase of passenger-only ferries authorized under RCW 47.60.652 to include the purchase of a fifth back-up ferry to support maintenance schedules, emergency service needs, and provide continuity of service on all passenger-only ferry routes. The purchase of a fifth passenger-only ferry is subject to subsequent legislative appropriation.
NEW SECTION. Sec. 229. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Marine Operating Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 303,014,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation is based on the budgeted expenditure of $29,104,000 for vessel operating fuel in the 1999-2001 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1999-2001 biennium may not exceed $205,640,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $341.75 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1999-2001 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1999, and thereafter, as established in the 1999-2001 general fund operating budget.
(3) Up to $2,770,000 of the marine operating account--state appropriation may be used for leasing and operating an appropriate passenger only ferry vessel for the purpose of supporting existing, or testing new, passenger only service while testing alternative vessel technologies.
NEW SECTION. Sec. 230. FOR THE DEPARTMENT OF TRANSPORTATION-- RAIL--PROGRAM Y
Essential Rail Assistance Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,000
High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 15,094,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 95,915,000
Transportation Account--Federal Appropriation$ 10,000,000
Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 126,094,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) No appropriation in this section may be used to fund rail passenger service south of Portland, Oregon.
(2) $2,000,000 of the transportation account--state appropriation and $4,000,000 of the high capacity transportation account--state appropriation are provided solely for the freight rail assistance program to provide grants and loans for light density rail lines.
(3) $3,000,000 of the high capacity transportation account--state appropriation is provided solely for acquisition of up to six rail passenger cars to add capacity to existing advanced technology train sets operating in Washington state.
(4) $6,298,000 of the high capacity transportation account--state appropriation is provided to fund the operation of a second train set providing additional roundtrip service from Seattle to Vancouver, British Columbia. The department's authority to expend the appropriation referenced in this subsection for service north of Blaine is conditioned upon Canada, the province of British Columbia, and/or private sources undertaking the capital expenditures necessary to make the rail capital improvements required to facilitate improved round trip rail service between Seattle and Vancouver, B.C.
(5) $10,000,000 of the transportation account--state appropriation and $5,000,000 of the public transportation systems account--state appropriation are provided solely for the King street maintenance facility to be built in partnership with Amtrak. The amount referenced in this subsection is conditioned on the execution of agreements between the department of transportation, Amtrak, sound transit, and other participating parties which will assure that the maintenance and operation of the maintenance facility will not require state funding, except for billings for maintenance of state owned passenger trains.
(6) To the greatest extent practicable, expenditure of funds shall maximize funds from partnerships and coordinate with other agencies investing in track improvements.
(7) $5,000,000 of the transportation account--federal appropriation is provided from TEA-21 surface transportation program enhancement funds is provided solely for restoration of and improvements to the King Street station.
NEW SECTION. Sec. 231. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 129,886,000
Motor Vehicle Account--Federal Appropriation$ 8,040,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,767,000
Transportation Infrastructure Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . $ 3,250,000
Transportation Infrastructure Account--Private/Local Appropriation. . . . . . . . . . . . . . . . $ 1,750,000
High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 150,000
Highway Infrastructure Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Highway Infrastructure Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 155,577,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $300,000 of the transportation account--state appropriation is provided solely to establish alternatives for flood management and flood hazard reduction projects in the Chehalis basin.
(a) The department of transportation shall convene a technical committee to develop watershed-based solutions to flooding within the Chehalis basin. The technical committee shall be comprised of representatives of the department of transportation, department of ecology, department of fish and wildlife, the department of community, trade, and economic development, the military department's emergency management division, and affected counties and tribes. The department of transportation shall also seek the participation of the United States army corps of engineers, federal emergency management administration, the United States geological survey, the United States fish and wildlife service, the United States environmental protection agency, and other entities with critical knowledge related to the structural or nonstructural flood hazard reduction projects in the Chehalis basin. Funds shall be distributed by the department of transportation for alternative analysis, mapping, and model testing projects as recommended by the technical committee. The solutions considered by the technical committee shall be consistent with fish and habitat recovery efforts and avoid additional flood hazard to downstream communities. The department of transportation shall present a report to the senate transportation committee and the house of representatives transportation committee by December 1, 1999, regarding findings and progress made by funded projects.
(b) If the federal government makes funds available to accomplish the project described in (a) of this subsection, the department of transportation shall place the appropriation identified in this section in reserve.
(2) $85,121,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. Notwithstanding RCW 79.91.100, between July 1, 1999, and June 30, 2001, the department of natural resources shall execute and deliver an instrument granting an easement to cities, towns, and counties who request an easement for roadway purposes, including the right to make necessary fills, on, over, or across the beds of navigable waters if those easements are necessary to facilitate the construction of projects funded in whole or part by a portion of the appropriation referenced in this subsection. The department of natural resources shall not charge the city, town, or county for the easement except as necessary to recover reasonable administrative costs. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.
(3) $400,000 of the transportation account--state appropriation is provided solely for a study by the senate transportation committee and the house of representatives transportation committee in cooperation with the port of Benton developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.
(4) The motor vehicle account--state appropriation includes $105,121,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) $10,000,000 of the transportation account--state appropriation is provided solely to fund the first phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section unless agreement on ocean disposal sites has been reached which protects the state's commercial crab fishery. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
(6) The motor vehicle account--state appropriation includes $1,167,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(7) $5,000,000 of the motor vehicle account--state appropriation is provided solely for a small city pavement preservation program, to be administered by the department's TransAid division. The department, in consultation with stakeholders, shall establish program guidelines. The guidelines should include but not be limited to a provision limiting program eligibility to cities with a population of 2,500 or less.
(8) $20,000,000 of the motor vehicle account--state appropriation is provided solely for a county corridor congestion relief program, to be administered by the department's TransAid division. The purpose of the program is to provide funding for congested urban corridors, as defined and selected by the department of transportation in consultation with counties, regional transportation planning organizations, and the transportation improvement board. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systemic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction.
(9) $5,000,000 of the motor vehicle account--state appropriation is provided solely for improving traffic and pedestrian safety near schools. The TransAid division within the department of transportation shall administer this program. Funds should be used for traffic and pedestrian improvements near schools, including roadway channelization and signalization.
(10) The TransAid division within the department of transportation shall develop a prequalification procedure for potential bidders on projects administered or approved by the transportation improvement board. The board shall work with other interested parties including but not limited to associations representing general contractors and the office of minority and women's business enterprises. The prequalification procedure's goal is to ascertain that bidders are qualified by experience, financing, equipment, and organization to do the work called for in the contract documents. The prequalification procedure may require a bidder to (1) satisfy threshold requirements established by the board prior to being furnished a proposal form on any contract; or (2) complete a preaward survey of the bidder's qualification prior to award.
(11) Up to $100,000 of the motor vehicle account--state appropriation is provided solely for audits of city and county transportation funding to determine whether any city or county has supplanted its local transportation funding with state funding provided under sections 408 and 409 of this act. The department shall report the results of this audit to the senate transportation committee, the house of representatives transportation committee, and the office of financial management by December 31, 2000.
(12) $5,000,000 of the motor vehicle account--state appropriation is provided solely for city fish passage barrier removal and habitat restoration. Funds should be used for eliminating fish passage barriers, including stormwater facilities, and providing for habitat restoration for salmonid species that are listed as threatened or endangered. The amount provided in this section may only be expended upon authorization from the department of transportation's environmental affairs office.
PART III
TRANSPORTATION AGENCIES CAPITAL FACILITIES
NEW SECTION. Sec. 301. FOR THE WASHINGTON STATE PATROL
Appropriation:
State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 2,328,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $508,000 of the state patrol highway account--state appropriation funds minor works which include communication tower maintenance, Spokane district headquarters HVAC, Morton HVAC replacement, emergency repairs, and Anacortes scale repairs.
(2) $500,000 of the state patrol highway account--state appropriation is provided for the Naselle detachment office.
(3) $615,000 of the state patrol highway account--state appropriation is provided for repaving the academy drive course.
(4) $275,000 of the state patrol highway account--state appropriation is provided for the squawk mountain communication tower.
(5) $380,000 of the state patrol highway account--state appropriation is provided for the replacement of two traffic control aircraft.
(6) $50,000 of the state patrol highway account--state appropriation is provided for the Ridgefield expansion design and the academy hookup fee for waste treatment.
NEW SECTION. Sec. 302. The Washington state patrol is authorized to continue with the exchange of the Olympia, Washington Martin Way property for a light industrial land complex to be used to consolidate existing separately located state activities and functions. The agency will work with the office of financial management, department of general administration, the senate transportation committee, and the house of representatives transportation committee in the exchange and approval processes.
NEW SECTION. Sec. 303. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,147,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Before any funds are expended for the transportation facility to be located in Tumwater, Washington, the director of general administration shall conduct an evaluation of the planned facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement as required under RCW 43.82.010(10). Furthermore, the director shall present the findings of the evaluation to the fiscal committees of the house of representatives and the senate by December 31, 1999. Up to $100,000 of the motor vehicle account--state appropriation may be expended by the department of general administration to conduct an analysis of future transportation-related facility office space needs in Thurston county, by agency, for the next ten years. The analysis shall consult with state agencies, private developers, and building owners to determine the inventory of space available and planned over the next ten years in government and nongovernment buildings, and the impact on current office space. The analysis must be completed by January 31, 2000.
(2) The department of transportation is authorized to enter into a financing contract using certificate of participation in the amount of $14,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to acquire and remodel a regional complex in the department's southwest region.
PART IV
TRANSFERS AND DISTRIBUTIONS
NEW SECTION. Sec. 401. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 184,810,000
Ferry Bond Retirement Account Appropriation$ 53,353,000
Transportation Improvement Board Bond Retirement Account--State Appropriation. . . .$ 35,158,000
Puget Sound Capital Construction Account--State Appropriation. . . . . . . . . . . . . . . . . . . $ 270,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,543,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 405,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 280,539,000
NEW SECTION. Sec. 402. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Fund--Puget Sound Capital Construction Account Appropriation. . . . . . .$ 36,000
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 811,000
Special Category C Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 53,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 900,000
NEW SECTION. Sec. 403. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund Appropriation for motor vehicle fuel tax and overload
penalties distribution. . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 492,721,000
Transportation Fund Appropriation for motor vehicle excise tax distribution. . . . . . . . . .$ 491,606,000
NEW SECTION. Sec. 404. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--TRANSFERS
Motor Vehicle Fund--State Patrol Highway Account:
For transfer to the Department of Retirement Systems Expense Fund. . . . . . . . . . . . . . . .$ 171,000
NEW SECTION. Sec. 405. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenue for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.
NEW SECTION. Sec. 406. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.
NEW SECTION. Sec. 407. FOR THE STATE TREASURER--TRANSFERS
(1) RV Account--State Appropriation:
For transfer to the Motor Vehicle Fund--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,590,000
(2) Transportation Account--State Appropriation:
For transfer to the Transportation Infrastructure Account--State. . . . . . . . . . . . . . . . . . . . $ 5,000,000
The department of transportation shall only transfer funds provided under this subsection on an as-needed basis.
NEW SECTION. Sec. 408. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund--State Appropriation for distribution to the cities. . . . . . . . . . . . . . .$ 18,250,000
Motor Vehicle Fund--State Appropriation for distribution to the counties. . . . . . . . . . . . $ 10,000,000
The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2000. The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2000. If the voters of this state pass an initiative that eliminates or reduces the motor vehicle excise tax authorized under RCW 82.44.020, the appropriations in this section shall lapse.
(2) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.
NEW SECTION. Sec. 409. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund--State Appropriation for distribution to the cities. . . . . . . . . . . . . . .$ 19,580,000
Motor Vehicle Fund--State Appropriation for distribution to the counties. . . . . . . . . . . . $ 10,000,000
The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2001. The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2001. If the voters of this state pass an initiative that eliminates or reduces the motor vehicle excise tax authorized under RCW 82.44.020, the appropriations in this section shall lapse.
(2) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.
NEW SECTION. Sec. 410. The office of the state treasurer is authorized to transfer any transportation improvement account and urban arterial trust account balances available in the highway bond retirement account into the transportation improvement board bond retirement account following a cooperative agreement by the department of transportation and the transportation improvement board on the exact amount of the transfer.
NEW SECTION. Sec. 411. The motor vehicle account revenues are received at a relatively even flow throughout the year. Expenditures may exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season. Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding. The governor and the legislature recognize that the department of transportation may require interfund loans or other short-term financing to meet temporary seasonal cash requirements and additional cash requirements to fund federal advance construction projects.
NEW SECTION. Sec. 412. In addition to such other appropriations as are made by this act, there is appropriated to the department of transportation from legally available bond proceeds in the respective transportation funds and accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.
NEW SECTION. Sec. 413. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS. The department of transportation shall make the following transfers contingent on passage of the bills referenced in each proviso as identified by bill number in the form passed by the legislature:
(1) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation shall transfer:
(a) The balances remaining at the close of the 1997-99 biennium in the economic development account and the transportation capital facilities account to the motor vehicle account--state; and
(b) The balance remaining at the close of fiscal year 2000 in the marine operating account to the Puget Sound ferry operations account.
(2) If neither Senate Bill No. 5615 nor House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation is authorized to transfer any balances available in the highway construction stabilization account to the motor vehicle account to fund the appropriations contained in this act.
NEW SECTION. Sec. 414. FOR THE TRANSPORTATION IMPROVEMENT BOARD--TRANSFERS. The transportation improvement board shall make the following transfers contingent on passage of the bills referenced in each proviso as enacted in the form passed by the legislature:
(1) If Senate Bill No. 5360 or House Bill No. 1053 is enacted in the form passed by the legislature the transportation improvement board shall transfer the balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account.
(2) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the transportation improvement board shall transfer:
(a) The balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account; and
(b) The balance remaining at the close of the 1997-99 biennium in the central Puget Sound public transportation systems account to the public transportation systems account.
PART V
1997-99 SUPPLEMENTAL APPROPRIATIONS
Transportation Agencies
Sec. 501. 1997 c 457 s 204 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Motor Vehicle Fund--Urban Arterial Trust Account--State Appropriation. . . . . . . . . . . . $ 57,159,000
Motor Vehicle Fund--Transportation Improvement Account--State Appropriation. . . . . .$ 122,014,000
Motor Vehicle Fund--City Hardship Assistance Account--State Appropriation. . . . . . . . $ 2,649,000
Motor Vehicle Fund--Small City Account--State Appropriation. . . . . . . . . . . . . . . . . . . . $ ((7,921,000))
9,921,000
Central Puget Sound Public Transportation Account--State Appropriation. . . . . . . . . . . .$ 27,360,000
Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 3,928,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((221,031,000))
223,031,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The transportation improvement account--state appropriation includes $40,000,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. However, the transportation improvement board may authorize the use of current revenues available in lieu of bond proceeds.
Sec. 502. 1998 c 348 s 203 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU
Motor Vehicle Fund--State Patrol Highway Account--State Appropriation. . . . . . . . . . . .$ ((163,789,000))
166,035,000
Motor Vehicle Fund--State Patrol Highway Account--Federal Appropriation. . . . . . . . . .$ ((4,374,000))
4,688,000
Motor Vehicle Fund--State Patrol Highway Account--Local Appropriation. . . . . . . . . . . $ 170,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,522,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((172,855,000))
175,415,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The Washington state patrol is authorized to use the federal community oriented policing program (COPS) for 54 troopers with 18 COPS troopers to begin in July 1998 and 36 COPS troopers to begin in January 1999.
(2) $4,463,000 of the transportation fund--state appropriation and $3,737,000 of the motor vehicle fund--state patrol highway account--state appropriation are provided for an equalization salary adjustment of three percent on July 1, 1997, and six percent on July 1, 1998, for commissioned officers (entry level trooper through captain), commercial vehicle enforcement officers, and communication officers of the Washington state patrol. The salary adjustments are intended to bring the existing salary levels into the fiftieth percentile of other Washington state law enforcement compensation plans. This is in addition to the salary increase contained in the omnibus appropriation bill or bills. The total of the two increases, in the transportation budget and omnibus appropriation bill or bills, may not exceed twelve percent.
(3) The Washington state patrol will develop a vehicle replacement plan for the next six years. The plan will include an analysis of the current 100,000 miles replacement policy and agency assignment policy. Projected future budget requirements will include forecasts of vehicle replacement costs, vehicle equipment costs, and estimated surplus vehicle values when sold at auction.
(4) The Washington state patrol vessel and terminal security (VATS) program will be funded by the state patrol highway fund beginning July 1, 1997, and into future biennia.
(5) A personnel data base will be maintained of the 801 commissioned traffic law enforcement officers, with a reconciliation at all times to the patrol allocation model and a vehicle assignment and replacement plan.
(6) $150,000 of the state patrol highway account appropriation is to fund the Washington state patrol's portion of the drug recognition expert training program previously funded by the traffic safety commission.
(7) The Washington state patrol with legislative transportation committee staff will perform an interim study of the Washington state patrol's commercial vehicle enforcement program with a report to be presented to the legislature and office of financial management in January 1998 with a developed business plan and program recommendations which includes, but is not limited to, weigh in motion technologies.
(8)(a) The Washington state patrol, in consultation with the Washington traffic safety commission, shall conduct an analysis of the most effective safety devices for preventing accidents while delivery trucks are operating in reverse gear. The analysis shall focus on trucks equipped with cube-style, walk-in cargo boxes, up to eighteen feet long, that are most commonly used in the commercial delivery of goods and services.
(b) The state patrol shall incorporate research and analysis currently being conducted by the national highway traffic safety administration.
(c) Upon completion of the analysis, the state patrol shall forward its recommendations to the legislative transportation committee and office of financial management.
(9) $381,000 of the transportation fund--state appropriation is provided for the following traditional general fund purposes: The governor's air travel, the license fraud program, and the special services unit. This transportation fund--state appropriation is not a permanent funding source for these purposes.
(10) $461,000 of the state patrol highway account appropriation is provided solely for monitoring and stopping fuel tax evasion. The Washington state patrol will report on December 1, 1998, to the legislative transportation committee on the activities and revenue collected associated with fuel tax evasion.
(11) $289,000 of the state patrol highway account appropriation is provided solely for vehicle license fraud investigation. A report will be presented each session to the legislature on the activities and revenue collected by the vehicle license fraud unit.
(12) $268,000 of the motor vehicle fund--state patrol highway account is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.
(13) $105,000 of the motor vehicle fund--state patrol highway account--state appropriation and $314,000 of the motor vehicle fund--state patrol highway account--federal appropriation are provided solely for laptop personal computers, peripheral equipment, and necessary software for existing community oriented policing program (COPS) troopers.
(14) $2,300,000 of the motor vehicle fund--state patrol highway account--state appropriation is provided solely to purchase 100 equipped pursuit vehicles. If the transportation fund--state appropriation reduction described in section 503(9) of this act does not take place, the amount provided in this subsection shall lapse. If the state patrol does not purchase the vehicles prior to June 30, 1999, the amount provided in this subsection shall lapse.
Sec. 503. 1998 c 348 s 205 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU
Motor Vehicle Fund--State Patrol Highway Account--State Appropriation. . . . . . . . . . . .$ 52,926,000
Motor Vehicle Fund--State Patrol Highway Account--Federal Appropriation. . . . . . . . . .$ 104,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,513,000))
214,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((55,543,000))
53,244,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $1,017,000 for the state patrol highway account--state appropriation is provided solely for year 2000 conversions of transportation automated systems. For purposes of this subsection, transportation automated systems does not include WASIS and WACIS.
(2) $50,000 of the state patrol highway account--state appropriation is provided solely for a feasibility study to assess the effect of mobile computers on trooper productivity by type of service and measurement of the productivity gains achieved through reduction in administrative time and paperwork processing. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.
(3) $50,000 of the state patrol highway account--state appropriation is provided solely for a review of the feasibility of improving the patrol's computer-aided dispatch system to permit tracking of trooper availability and response time to calls for service. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.
(4) These appropriations maintain current level funding for the Washington state patrol service center and have no budget savings included for a consolidation of service centers based on the study conducted by the technology management group. During the 1997 interim, the costs for current level will be reviewed by the office of financial management and department of information services with a formal data center recommendation, that has been approved by the information services board, to the legislature in January 1998. Current level funding will be split between fiscal year 1998 and fiscal year 1999 with consideration of funding adjustments based on the review and the formal policy and budget recommendations.
(5) $2,513,000 of the transportation fund--state appropriation is for the following traditional general fund purposes: The executive protection unit, revolving fund charges, budget and fiscal services, computer services, personnel, human resources, administrative services, and property management. This appropriation is not a permanent funding source for these purposes.
(6) $22,000 of the motor vehicle fund--state patrol highway account appropriation is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.
(7) The 1998 Washington state patrol interim working group shall review the data center, electronic services division, communications division, and strategic planning and shall provide recommendations on increasing the effectiveness and efficiencies of the programs under review and audit.
(8) $1,580,000 of the state patrol highway account--state appropriation is provided solely for the transition of the Washington state patrol mainframe data processing functions to the Washington state department of information services data center in Olympia, Washington. The Washington state patrol and the department of information services shall work cooperatively to ensure the transition to the department of information services is completed successfully.
(9) The transportation fund--state appropriation is reduced by $2,299,000 to correct a double appropriation.
Sec. 504. 1998 c 348 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS
Highway Safety Fund--Motorcycle Safety Education Account--State Appropriation. . . . $ 94,000
General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,732,000))
8,218,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,610,000))
4,735,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 441,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((16,919,000))
13,530,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: (((1))) $2,498,000 of the highway safety fund--state appropriation and $793,000 of the motor vehicle fund--state appropriation are provided for the following activities: (1) Identify business objectives and needs relating to technology improvements and integration of the drivers' licensing and vehicle title and registrations systems; (2) converting the drivers' licensing software applications to achieve Year 2000 compliance; (3) convert the drivers' field network from a uniscope to a frame-relay network; (4) develop an interface between the unisys system and the CRASH system; and (5) operate and maintain the highways-licensing building network and the drivers' field network.
Sec. 505. 1998 c 348 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES
General Fund--Marine Fuel Tax Refund Account--State Appropriation. . . . . . . . . . . . . . $ 26,000
General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 549,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((49,630,000))
49,615,000
Department of Licensing Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . $ 2,944,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((53,149,000))
53,134,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $600,000 of the licensing service account--state appropriation is provided for replacement of printers for county auditors and subagents.
(2) The department of licensing, in cooperation with the fuel tax advisory committee, shall prepare and submit a report to the legislative transportation committee containing recommendations for special fuel and motor vehicle fuel recordkeeping and reporting requirements, including but not limited to recommendations regarding the form and manner in which records and tax reports must be maintained and made available to the department; which persons engaged in the business of selling, purchasing, distributing, storing, transporting, or delivering fuel should be required to submit periodic reports regarding the disposition of such fuel; and the feasibility of implementing an automated fuel tracking system. The report is due no later than October 31, 1997.
(3) The department of licensing, in cooperation with representatives of local governments and the department of revenue shall analyze the collection of the local option fuel tax under RCW 82.80.010. Based on that analysis the department of licensing shall offer recommendations regarding the appropriate government entity to collect the local option fuel tax and the best method to accomplish that collection. The department of licensing shall report its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.
(4) The department of licensing, in conjunction with the interagency commission on outdoor recreation, the department of transportation, and other affected entities, shall conduct a study and make recommendations regarding:
(a) Whether the study required by RCW 43.99.030 to determine what portion of the motor vehicle fuel tax collected is tax on marine fuel is an effective and efficient mechanism for determining what portion of fuel tax revenues should be refunded to the marine fuel tax refund account;
(b) Other possible methodologies for determining the appropriate amount of tax revenue to refund from the motor vehicle fund to the marine tax refund account; and
(c) Whether the tax on fuel used by illegally nonregistered boats should be refunded to the marine tax refund account.
The department of licensing shall make a report of its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.
(5) $382,000 of the motor vehicle fund--state appropriation is provided solely to implement Substitute House Bill No. 2659. If Substitute House Bill No. 2659 is not enacted by June 30, 1998, this amount shall lapse.
Sec. 506. 1998 c 348 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES
Highway Safety Fund--Motorcycle Safety Education Account--State Appropriation. . . . $ 1,411,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((61,087,000))
59,869,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,985,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((64,112,000))
66,265,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $225,000 of the highway safety account--state appropriation is provided solely to implement Substitute House Bill No. 2442 or Senate Bill No. 6190. If neither bill is enacted by June 30, 1998, this amount shall lapse.
(2) $480,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 6165. If Senate Bill No. 6165 is not enacted by June 30, 1998, this amount shall lapse.
(((6))) (3) $1,000,000 of the highway safety account--state appropriation is provided solely to implement 1998 legislation that changes statutes relating to driving under the influence. If legislation changing the DUI statutes is not enacted by June 30, 1998, this amount shall lapse.
Sec. 507. 1997 c 457 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((24,703,000))
24,436,000
Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 400,000
Motor Vehicle Fund--Transportation Capital Facilities Account--State Appropriation. . .$ ((24,338,000))
24,330,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((49,441,000))
49,166,000
Sec. 508. 1998 c 348 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Motor Vehicle Fund--Economic Development Account--State Appropriation. . . . . . . . . $ 2,434,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((163,275,000))
123,575,000
Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 155,485,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,000,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((73,271,000))
65,471,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((230,546,000))
225,546,000
Puyallup Tribal Settlement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
Puyallup Tribal Settlement Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . $ 200,000
High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 1,401,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((671,612,000))
619,112,000
The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The special category C account--state appropriation of (($73,271,000)) $65,471,000 includes $26,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.812 through 47.10.817 ((and includes $12,000,000 in proceeds from the sale of bonds authorized by House Bill No. 1012)). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. ((If House Bill No. 1012 is not enacted by June 30, 1998, $7,800,000 of the special category C account--state appropriation shall lapse.))
(2) The motor vehicle fund--state appropriation includes $2,685,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(3) The department shall report annually to the legislative transportation committee on the status of the projects funded by the special category C appropriations contained in this section. The report shall be submitted by January 1 of each year.
(4) The motor vehicle fund--state appropriation in this section includes $600,000 solely for a rest area and information facility in the Nisqually gateway area to Mt. Rainier, provided that at least forty percent of the total project costs are provided from federal, local, or private sources. The contributions from the nonstate sources may be in the form of in-kind contributions including, but not limited to, donations of property and services.
(5) The appropriations in this section contain $118,247,000 reappropriation from the 1995-97 biennium.
(6) The motor vehicle fund--state appropriation in this section includes $250,000 to establish a wetland mitigation pilot project. This appropriation may only be expended if the department of transportation establishes a technical committee to better implement the department's strategic plan. The technical committee shall include, but is not limited to, cities, counties, environmental groups, business groups, tribes, the Puget Sound action team, and the state departments of ecology, fish and wildlife, and community, trade, and economic development, and appropriate federal agencies. The committee shall assist the department in implementing its wetland strategic plan, including working to eliminate barriers to improved wetland and watershed management. To this end, the technical committee shall: (a) Work to facilitate sharing of agency environmental data, including evaluation of off-site and out-of-kind mitigation options; (b) develop agreed-upon guidance that will enable the preservation of wetlands that are under imminent threat from development for use as an acceptable mitigation option; (c) develop strategies that will facilitate the implementation of mitigation banking, including developing mechanisms for valuing and transferring credits; (d) provide input in the development of wetland functions assessment protocols related to transportation projects; (e) develop incentives for interagency participation in joint mitigation projects within watersheds; and (f) explore options for funding environmental mitigation strategies. The department shall prepare an annual report to the legislative transportation committee and legislative natural resources committees on recommendations developed by the technical committee.
(7) The department shall report January 1st and July 1st of each year, to the legislative transportation committee and the office of financial management of the timing and the scope of work being performed for the regional transit authority. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.
(8) The translake study funded in this section shall include recommendations to address methods for mitigating traffic noise in the study area.
(9) 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.
(10) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
(11) $2,000,000 of the motor vehicle fund--state appropriation is provided solely for transfer to the advanced environmental mitigation revolving account--state.
(((14))) (12) $13,000,000 of the motor vehicle fund--state appropriation and $12,000,000 of the transportation fund--state appropriation are provided solely for preliminary engineering and purchase of right of way for highway construction.
(((15) $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, $35,000,000 of the motor vehicle fund--state appropriation is put in reserve solely to be used for the purposes of preliminary engineering and purchase of right of way for highway construction. These moneys may only be expended upon approval of both the legislative transportation committee and the office of financial management.))
(13) The department may advertise and award certain specified projects prior to June 30, 1999. This authority extends to the 10 projects listed in the transportation executive information system document titled "1999 Supplemental Budget — Spring Start Projects (Rev.)" dated March 13, 1999.
Sec. 509. 1998 c 348 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,280,000))
1,255,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,235,000
TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,515,000))
17,490,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $16,235,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of only the SR 16 corridor improvements and park and ride projects selected under the public-private transportation initiative program authorized under chapter 47.46 RCW; and support costs of the public-private transportation initiatives program.
(2) The appropriations in this section contain $16,235,000 reappropriated from the 1995-97 biennium.
Sec. 510. 1998 c 348 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((239,200,000))
237,013,000
Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 465,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,335,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((243,000,000))
240,813,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The department shall deliver the highway maintenance program according to the plans for each major maintenance group to the extent practical. However, snow and ice expenditures are highly variable depending on actual weather conditions encountered. If extraordinary winter needs result in increased winter maintenance expenditures, the department shall, after prior consultation with the transportation commission, the office of financial management, and the legislative transportation committee adopt one or both of the following courses of action: (a) Reduce planned maintenance activities in other groups to offset the necessary increases for snow and ice control; or (b) continue delivery as planned within other major maintenance groups and request a supplemental appropriation in the following legislative session to fund the additional snow and ice control expenditures.
(3) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
(4) Funding appropriated for local storm water charges assessed under RCW 90.03.525, which is allocated for, but not paid to, a local storm water utility because the utility did not meet the conditions provided under RCW 90.03.525, may be transferred by the department to program Z of the department to be distributed as grants under the storm water grant program.
Sec. 511. 1998 c 348 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((288,720,000))
285,220,000
Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 274,259,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,400,000
TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((568,379,000))
561,879,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $6,800,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The appropriations in this section contain $27,552,000 reappropriated from the 1995-97 biennium.
(3) If the Oregon state legislature enacts a public/private partnership program and the Washington state transportation commission, in consultation with the legislative transportation committee, negotiates and enters into an agreement between Washington and Oregon to place the Lewis and Clark bridge into Oregon's public/private partnership program, up to $3,000,000 of the motor vehicle fund--state appropriation may be used as Washington's contribution toward the design of the project pursuant to the agreement between Washington and Oregon. Any additional contributions shall be subject to Washington state legislative appropriations and approvals. The department shall provide a status report on this project to the legislative transportation committee by June 30, 1998.
(((6))) (4) $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.
Sec. 512. 1998 c 348 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q
State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 153,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((30,412,000))
29,982,000
Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 275,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((31,840,000))
31,410,000
The appropriation in this section is subject to the following conditions and limitations and specified amount is provided solely for that activity:
(1) The department, in cooperation with the Washington state patrol and the tow truck industry, shall develop and submit to the legislative transportation committee by October 31, 1997, a recommendation for implementing new tow truck services during peak hours on the Puget Sound freeway system.
(2) The department, in cooperation with the Washington state patrol, the department of licensing, the state of Oregon, and the United States department of transportation, shall install and operate the commercial vehicle information systems and network (CVISN) at a selected pilot site. If the state department of transportation receives additional federal funding for this project that is eligible to supplant state funding, the appropriation in this section shall be reduced by the amount of the state funds supplanted.
Sec. 513. 1998 c 348 s 216 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Motor Vehicle Fund--Puget Sound Capital Construction Account--State App. . . . . . . . . $ 777,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((70,032,000))
69,685,000
Motor Vehicle Fund--Puget Sound Ferry Operations Account--State App. . . . . . . . . . . . $ 1,093,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,158,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((73,060,000))
72,713,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1)(a) The motor vehicle fund--state appropriation includes $14,300,000 provided solely for programming activities and other efforts needed to bring the department's information systems, and devices with computers built into them, into compliance with the year 2000 requirements of the department of information services. The department is directed to expend the moneys internally reallocated for this purpose before spending from this appropriation. The department is directed to provide quarterly reports on this effort to the legislative transportation committee and the office of financial management beginning October 1, 1997.
(b) Up to $2,900,000 of the amount provided in (a) of this subsection may be expended for testing and required modifications to electronic devices and other equipment and specialized software that are essential for department operations to ensure they are year 2000 compliant. Before expending any of this amount for these purposes, the department shall consult with the legislative transportation committee and the office of financial management.
(2) The legislative transportation committee shall review and analyze freight mobility issues affecting eastern and southeastern Washington as recommended by the freight mobility advisory committee and report back to the legislature by November 1, 1997. $500,000 of the motor vehicle fund--state appropriation is provided for this review and analysis. The funding conditioned in this subsection shall be from revenues provided for interjurisdictional studies.
(3) In order to increase visibility for decision making, the department shall review its budgeting and accounting methods for management information systems. The review shall include, but not be limited to, the cost-benefit analysis of existing processes and evaluation of less complex alternatives such as direct appropriations. The results of the review shall be reported to the legislative transportation committee and the office of financial management by July 1, 1998.
Sec. 514. 1997 c 457 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((16,098,000))
15,884,000
Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,466,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,384,000))
1,379,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((27,948,000))
27,729,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: Up to $2,400,000 of the motor vehicle fund--state appropriation is provided for regional transportation planning organizations, with allocations for participating counties maintained at the 1995-1997 biennium levels for those counties not having metropolitan planning organizations within their boundaries.
Sec. 515. 1998 c 348 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
(1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT
((Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,515,000))
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,715,000
(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 840,000
(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,391,000
(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,240,000))
2,140,000
(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,535,000
(6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--Puget Sound Ferry Operations Account--State Appropriation. . . . $ 2,928,000
(7) FOR PAYMENT OF COSTS OF THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 536,000
(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90,000
(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 735,000
(10) FOR ARCHIVES AND RECORDS MANAGEMENT
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 355,000
Sec. 516. 1998 c 348 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Motor Vehicle Fund--Puget Sound Capital Construction Account--State Appropriation. $ ((209,886,000))
192,886,000
Motor Vehicle Fund--Puget Sound Capital Construction Account--Federal App. . . . . . . $ 30,165,000
Motor Vehicle Fund--Puget Sound Capital Construction Account--Private/Local App. . $ 765,000
Transportation Fund--Passenger Ferry Account---State Appropriation. . . . . . . . . . . . . . . $ 640,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((241,456,000))
224,456,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriations in this section are provided to carry out only the projects (version ((3)) 2) adjusted by the legislature for the 1997-99 budget. The department shall reconcile the 1995-97 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $100,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries, including construction of new jumbo ferry vessels in accordance with the requirements of RCW 47.60.770 through 47.60.778. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.
(4) Washington state ferries is authorized to reimburse up to $3,000,000 from the Puget Sound capital construction account--state appropriation or Puget Sound capital construction account--federal appropriation to the city of Bremerton and the port of Bremerton for Washington state ferries' financial participation in the development of a Bremerton multimodal transportation terminal, port of Bremerton passenger-only terminal expansion, and ferry vehicular connections to downtown traffic circulation improvements. The reimbursement shall specifically support the construction of the following components: Appropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections; and the Washington state ferries' component of the Bremerton multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network.
(5) The Puget Sound capital construction account--state appropriation includes funding for capital improvements on vessels to meet United States Coast Guard Subchapter W regulation revisions impacting SOLAS (safety of life at sea) requirements for ferry operations on the Anacortes to Sidney, B.C. ferry route.
(6) The Puget Sound capital construction account--state appropriation, the Puget Sound capital construction account--federal appropriation, and the passenger ferry account--state appropriation include funding for the construction of one new passenger-only vessel and the department's exercise of the option to build a second passenger-only vessel. In accordance with chapter 166, Laws of 1998, Washington state ferries shall accelerate activities to ensure the acquisition of five additional passenger-only vessels and the construction of related terminal facilities, including maintenance facilities for the Southworth and Kingston to Seattle passenger-only ferry routes.
(7) The Puget Sound capital construction account--state appropriation includes funding for the exploration and acquisition of a design for constructing a millennium class ferry vessel.
(8) The Puget Sound capital construction account--state appropriation includes $90,000 for the purchase of defibrillators. At least one defibrillator shall be placed on each vessel in the ferry fleet.
(9) The appropriations in this section contain $46,962,000 reappropriated from the 1995-97 biennium.
Sec. 517. 1998 c 348 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((270,522,000))
270,473,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation is based on the budgeted expenditure of (($28,696,000)) $27,076,000 for vessel operating fuel in the 1997-99 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1997-99 biennium may not exceed (($179,095,000)) $180,715,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $313.95 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1997-99 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1997, and thereafter, as established in the 1997-99 general fund operating budget.
(3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.
(4) The appropriation in this section includes up to $1,566,000 for additional operating expenses required to comply with United States Coast Guard Subchapter W regulation revisions for vessels operating on the Anacortes to Sidney, B.C. ferry route. The department shall explore methods to minimize the cost of meeting United States Coast Guard requirements and shall report the results to the legislative transportation committee and office of financial management by September 1, 1997.
(5) The department shall request a reduction of the costs associated with the use of the terminal leased from the Port of Anacortes and costs associated with use of the Sidney, British Columbia terminal.
(6) Agreements between Washington state ferries and concessionaires for automatic teller machines on ferry terminals or vessels shall provide for and include banks and credit unions that primarily serve the west side of Puget Sound.
(7) In the event federal funding is provided for one or more passenger-only ferry vessels for the purpose of transporting United States naval personnel, the department of transportation is authorized to acquire and construct such vessels in accordance with the authority provided in RCW 47.56.030, and the department shall establish a temporary advisory committee comprised of representatives of the Washington state ferries, transportation commission, legislative transportation committee, office of financial management, and the United States Navy to analyze and make recommendations on, at a minimum, vessel performance criteria, docking, vessel deployment, and operating issues.
(8) The appropriation provides funding for House Bill No. 2165 (paying interest on retroactive raises for ferry workers).
(9) The commission is authorized to increase Washington state ferry tariffs in excess of the fiscal growth factor, established under chapter 43.135 RCW, in fiscal year 1998 and fiscal year 1999.
(10) Funding for Anacortes to Sidney advertising is contingent upon partners meeting their commitment. In no event may the state share exceed fifty percent of the cash contribution toward the project.
(11) $1,370,000 of this appropriation is provided solely for the Hiyu operation for Southworth/Vashon 5 days per week for 16 hours per day. Prior to placing the Hiyu in permanent service on a route between Vashon and Southworth, the Washington state ferries shall conduct a study of the impact of additional service on Vashon and Southworth and report back to the legislative transportation committee by May 15, 1998.
(12) $446,000 of this appropriation is provided solely to provide an additional crew member on Jumbo Mark 2 ferries as required by emergency evacuation regulations adopted by the United States Coast Guard. If the Coast Guard requirement can be met without the hiring of additional staff, the portion of this appropriation provided to meet that requirement shall not be expended.
Sec. 518. 1998 c 348 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION AND RAIL--PROGRAM Y
Essential Rail Assistance Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $ 256,000
High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ ((13,225,000))
13,185,000
Air Pollution Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,290,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((55,029,000))
46,858,000
Transportation Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,947,000
Transportation Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 105,000
Central Puget Sound Public Transportation Account--State Appropriation. . . . . . . . . . . .$ ((4,250,000))
250,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((83,102,000))
70,891,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Up to $46,180,000 of the transportation fund--state appropriation is provided for intercity rail passenger service including up to $8,000,000 for lease purchase of two advanced technology train sets with total purchase costs not to exceed $20,000,000; up to $1,000,000 for one spare advanced technology train power-car and other spare parts, subsidies for operating costs not to exceed $12,000,000, to maintain service of two state contracted round trips between Seattle and Portland and one state contracted round trip between Seattle and Vancouver, British Columbia, and capital projects necessary to provide Seattle-Vancouver, British Columbia, train operating times of under 4 hours.
(2) Up to $3,000,000 of the transportation fund--state appropriation is provided for the rural mobility program administered by the department of transportation. Priority for grants provided from this account shall be given to projects and programs that can be accomplished in the 1997-99 biennium.
(3) Up to $600,000 of the high capacity transportation account--state appropriation is provided for rail freight coordination, technical assistance, and planning.
(4) The department shall provide biannual reports to the legislative transportation committee and office of financial management regarding the department's rail freight program. The department shall also notify the committee for project expenditures from all fund sources prior to making those expenditures. The department shall examine the ownership of grain cars and the potential for divestiture of those cars and other similar assets and report those findings to the committee prior to the 1998 legislative session.
(5) Up to $750,000 of the transportation fund--state appropriation and up to $250,000 of the central Puget Sound public transportation account--state appropriation are provided to fund activities relating to coordinating special needs transportation among state and local providers. These activities may include demonstration projects, assessments of resources available versus needs, and identification of barriers to coordinating special needs transportation. The department will consult with the superintendent of public instruction, the secretary of the department of social and health services, the office of financial management, the fiscal committees of the house of representatives and senate, special needs consumers, and specialized transportation providers in meeting the goals of this subsection.
(6) The appropriations in this section contain $4,599,000 reappropriated from the 1995-97 biennium.
(7) The high capacity transportation account--state appropriation includes $75,000 for the department to develop a strategy and to identify how the agency would expend additional moneys to enhance the commute trip reduction program. The report would include recommendations for grant programs for employers and jurisdictions to reduce SOV usage and to provide transit incentives to meet future commute trip reduction requirements. The report is due to the legislative transportation committee by January 1, 1998.
(8) In addition to the appropriations contained in this section, the office of financial management shall release the $2,000,000 transportation fund--state funds appropriated for the intercity rail passenger program in the 1995-97 biennium but held in reserve pursuant to section 502, chapter 165, Laws of 1996.
(9) Up to $150,000 of the transportation fund--state appropriation is provided for the management and control of the transportation corridor known as the Milwaukee Road corridor owned by the state between Ellensburg and Lind, and to take actions necessary to allow the department to be in a position, with further legislative authorization, to begin to negotiate a franchise with a rail carrier to establish and maintain a rail line over portions of the corridor by July 1, 1999.
(((11))) (10) $4,000,000 of the high capacity transportation account--state appropriation for passenger rail infrastructure improvement is provided solely for rail improvements to add rail passenger service north of Seattle. These funds are conditioned on match of at least equal amounts from both Burlington Northern Sante Fe and Amtrak for rail line improvements and upon Amtrak purchasing an additional train set for operation in the corridor. These funds shall not be expended until authorized by the legislative transportation committee and the office of financial management; and the participation of international partners in service provided in the corridor shall be considered in such a decision.
Sec. 519. 1998 c 348 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,802,000))
9,862,000
Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,726,000
High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ ((650,000))
450,000
Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,175,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((45,353,000))
45,213,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $1,785,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) As a condition of receiving the full state subsidy in support of the Puget Island ferry, Wahkiakum county must, by December 31, 1997, increase ferry fares for passengers and vehicles by at least ten percent. If the fares are not increased to meet this requirement, the department, in determining the state subsidy after December 31, 1997, shall reduce the operating deficit by the amount that would have been generated if the ten percent fare increase had been implemented.
(3) The appropriations in this section contain $1,750,000 reappropriated from the 1995-97 biennium.
(4) Up to $500,000 of the high capacity transportation account--state appropriation is provided for implementation of the recommendations of the freight mobility advisory committee, and any legislation enacted resulting from those recommendations.
(5) $175,000 of the transportation fund--state appropriation is provided solely to fund the freight mobility strategic investment board. If Second Substitute House Bill No. 2180 is not enacted by June 30, 1998, this amount shall lapse.
(6) The transportation account--state appropriation includes $600,000 to establish alternatives for flood management and flood hazard reduction projects in the Chehalis Basin. A technical committee comprised of the department of transportation, department of ecology, the United States army corps of engineers, federal emergency management administration, United States geological survey, affected counties and tribes, and other entities with critical knowledge related to flood hazard reduction projects in the Chehalis Basin shall be formed. Funds shall be distributed to counties within the Chehalis Basin by the department of transportation for projects that further understanding of the causes of flooding and options for flood hazard reduction. Alternatives shall be consistent with fish and habitat recovery efforts. Projects funded shall be coordinated with the technical committee. The department of transportation shall present a report to the legislative transportation committee and other appropriate legislative committees regarding findings and/or progress made by funded projects by December 1, 1998.
(((8))) (7) $750,000 of the motor vehicle fund--state appropriation is provided solely for a median barrier upon the Spokane street viaduct. Use of this funding is contingent upon a commitment of funding from other partners for the remainder of the project cost.
(((9))) (8) Up to $150,000 of the high capacity transportation account--state appropriation is provided for the installation of active railroad crossing warning devices at the Sunnyside beach park entrance in Steilacoom.
(((10))) (9) $400,000 of the transportation fund--state appropriation is provided solely for a study by the legislative transportation committee, in cooperation with the port of Benton, developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.
Transportation Agencies Capital Facilities
Sec. 520. 1997 c 457 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL
Motor Vehicle Fund--Transportation Capital Facilities Account--State App. . . . . . . . . . .$ ((21,696,000))
21,261,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The department of transportation shall provide to the legislative transportation committee prior notice and the latest project information at least two weeks in advance of the bid process for transportation capital facilities projects going to bid in the 1997-99 biennium.
(2) Construction of the Mount Rainier storage facility shall not commence until the department has secured an operational lease that would allow the placement of the facility on United States forest service lands near the entrance to the Mather memorial parkway.
(3) The appropriation in this section contains $7,719,000 reappropriated from the 1995-97 biennium.
Transfers and Distributions
Sec. 521. 1998 c 348 s 402 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Fund--Puget Sound Capital Construction Account Appropriation. . . . . . .$ 500,000
Motor Vehicle Fund Appropriation. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 130,000
Transportation Improvement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
Special Category C Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 190,000
Transportation Capital Facilities Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000
Urban Arterial Account Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,995,000))
1,026,000
Sec. 522. 1998 c 348 s 404 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--TRANSFERS
(1) R V Account--State Appropriation:
For transfer to the Motor Vehicle Fund--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,176,000
(2) Motor Vehicle Fund--State Appropriation:
For transfer to the Transportation Capital Facilities Account--State. . . . . . . . . . . . . . . . . $ 42,569,000
(3) ((Small City Account--State Appropriation:
For transfer to the Transportation Improvement
Account--State.. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,500,000))
Motor Vehicle Fund--State Appropriation:
For transfer to the Highway Infrastructure Account--State. . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000
Sec. 523. 1997 c 457 s 403 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
City Hardship Account Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
Motor Vehicle Fund Appropriation for motor vehicle fuel tax and overload penalties
distribution. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 471,937,000
Transportation Fund Appropriation for motor vehicle excise tax distribution. . . . . . . . . .$ ((3,744,000))
118,747,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((475,881,000))
590,884,000
Miscellaneous
NEW SECTION. Sec. 524. A new section is added to 1997 c 457 (uncodified) to read as follows:
INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.
(1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative state-wide infrastructure.
(2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:
(a) System refurbishment, acquisitions, and development efforts;
(b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;
(c) Assessment of overall information processing performance, resources, and capabilities;
(d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and
(e) Progress toward enabling electronic access to public information.
(3) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and state-wide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.
(4) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.
(5) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.
(6) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.
(7) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.
NEW SECTION. Sec. 525. The following acts or parts of acts are each repealed:
(1) 1997 c 457 s 502;
(2) 1997 c 457 s 514; and
(3) 1997 c 457 s 515.
PART VI
PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS
NEW SECTION. Sec. 601. As a management tool to reduce costs and make more effective use of resources, while improving employee productivity and morale, agencies may offer voluntary separation and/or downshifting incentives and options according to procedures and guidelines established by the department of personnel and the department of retirement systems, in consultation with the office of financial management. The options may include, but are not limited to, financial incentives for: Voluntary resignation and retirement, voluntary leave-without-pay, voluntary workweek or work hour reduction, voluntary downward movement, and temporary separation for development purposes.
Agency plans and offers shall be reviewed and monitored jointly by the department of personnel, office of financial management, and the department of retirement systems. The senate transportation committee and the house of representatives transportation committee shall also review and monitor the plans of agencies that receive funds appropriated under this act.
NEW SECTION. Sec. 602. It is the intent of the legislature that agencies may implement a voluntary retirement incentive program that is cost neutral or results in cost savings provided that such program is approved by the director of financial management. Agencies participating in this authorization are required to submit a report by June 30, 2001, to the legislature and the office of financial management on the outcome of their approved retirement incentive program. The report should include information on the details of the program including resulting service delivery changes, agency efficiencies, the cost of the retirement incentive per participant, the total cost to the state and the projected or actual net dollar and staff savings over the 1999-2001 biennium.
NEW SECTION. Sec. 603. PERFORMANCE BASED BUDGETING. (1) The department of licensing, the department of transportation, the Washington state patrol, and the Washington traffic safety commission, in cooperation with the office of financial management, the senate transportation committee, and the house of representatives transportation committee will continue the implementation of performance based budgeting. The performance based budgeting process will provide a measurable link between agency objectives, service levels, and budget. The agencies shall:
(a) Continue to develop, enhance, validate, and test indicators of performance, stated in achieving the agencies' goals; and
(b) Refine performance based budgeting and investment levels in the following programs:
(i) Department of transportation: Maintenance program M, preservation program P, traffic operations program Q, and marine program X;
(ii) Department of licensing: Driver's services and vehicle services;
(iii) Washington state patrol: Field operations bureau; and
(iv) Washington traffic safety commission; and
(c) Submit and implement a plan to provide program managers with the training and technical assistance necessary to extend the practices of performance measurement and performance based budgeting throughout agency programs.
(2) The transportation agencies shall submit a strategic plan and activity summary with their agency request budgets and tie the plan's strategies together with the 2001-2003 budget requests. The strategic plan must include a six-year outlook and define and clarify the agency mission and vision, provide the basis for budget development, and outline and prioritize the agency's goals and strategies. The agencies will continue to improve agency infrastructures to capture and report performance data for use by agency management, the office of financial management, the senate transportation committee, and the house of representatives transportation committee in the decision making process.
(3)(a) The agencies shall input monthly their financial information and quarterly program performance measurements into the transportation executive information system and will utilize the transportation executive information system investment system in the development of their agency policy request budgets.
(b) The department of licensing and the Washington state patrol shall submit budgets to the legislature at the subprogram level.
NEW SECTION. Sec. 604. PROGRAM ACCOUNTABILITY REVIEWS. The senate transportation committee, the house of representatives transportation committee, the office of financial management, and the transportation agencies shall establish the means of conducting program accountability reviews of all transportation programs. The reviews shall include:
(1) Review and analysis of existing programs to determine any program changes required to meet established criteria along with the list of programs to be reviewed as determined by the program accountability review steering committee made up of the senate transportation committee, the house of representatives transportation committee, the office of financial management, and agency personnel. Each review will have a plan with timelines, deliverables, and milestones to ensure it is completed on time with anticipated deliverables. Each review will have a review accountability report presented to the senate transportation committee and the house of representatives transportation committee with recommendations and implementation schedule agreed to by the reviewers and the agency program being reviewed.
(2) A concentration on:
(a) Appropriateness of service objectives used to determine service levels;
(b) Effectiveness of current management systems;
(c) Development or improvement of existing outcome, output, efficiency, and effectiveness performance measures;
(d) The effectiveness of communication and decision making within the program;
(e) Staffing levels and organizational structure, including changes to roles and responsibilities;
(f) The existence and effectiveness of oversight and control measures within the program;
(g) The process of distributing funds and staff among activities;
(h) Methods for making trade off decisions within and between programs and activities;
(i) Development of tools that assist policymakers and managers in using performance measures and investment tradeoff methods;
(j) Development of long-term investment strategies; and
(k) Other program items that would be beneficial to include in the program accountability review.
(3) The recommendations will be considered in future biennium transportation budgets in determining whether to enhance, streamline, retain, reduce, or eliminate programs based on value and benefits provided to the state.
NEW SECTION. Sec. 605. (1) Forty percent of the funds available for surface transportation flexible funds available under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are made available for the Washington state department of transportation.
(2) Twenty-two percent of the funds available for surface transportation flexible funds available under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are made available for rural economic development projects in rural counties with population densities of less than one hundred persons per square mile pro rata based on population and community empowerment zones as defined in RCW 43.63A.700. These funds shall be used for the transportation component of identified, emerging, nonspeculative economic development projects that create new employment or revitalize existing business. As required under federal law, these funds shall be administered by the Washington state department of transportation. The community economic revitalization board within the department of community, trade, and economic development shall work with local project proponents and the Washington state department of transportation to identify economic development projects with essential transportation components. The board shall make recommendations regarding funding for a project's transportation component to the Washington state transportation commission. Beginning in the fiscal year 2000, any economic development funds that are not obligated from the prior federal fiscal year by June first of each year shall be available for economic development projects state-wide in accordance with the same administration and selection process established in this subsection for rural economic development projects.
(3) Thirty-eight percent of the funds available for surface transportation flexible funds available under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are made available for the state-wide competitive program for regionally significant projects. The transportation improvement board shall be responsible for selecting projects under this program. For federal fiscal years 2000 and 2001, to be eligible, projects shall: (a) Meet the criteria established by the transportation improvement board for selecting regionally significant projects; (b) be included in a metropolitan planning organization's transportation improvement plan; (c) meet the goal of targeting funds for coordinated projects within corridors that are regionally significant; and (d) support the functioning of corridors for their full length rather than in individual spot improvements.
Sec. 606. RCW 43.19.1906 and 1995 c 269 s 1404 are each amended to read as follows:
Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;
(2) Purchases not exceeding thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes. Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars, if warranted by increases in purchasing costs due to inflationary trends;
(3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935;
(5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;
(7) Purchases by institutions of higher education not exceeding thirty-five thousand dollars: PROVIDED, That for purchases between two thousand five hundred dollars and thirty-five thousand dollars quotations shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between two thousand five hundred dollars and thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from two thousand five hundred to thirty-five thousand dollars shall be documented for audit purposes; and
(8) Negotiation of a contract by the department of transportation, valid until June 30, 2001, with registered tow truck operators to provide roving service patrols in one or more Washington state patrol tow zones whereby those registered tow truck operators wishing to participate would cooperatively, with the department of transportation, develop a demonstration project upon terms and conditions negotiated by the parties.
Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.
Sec. 607. RCW 88.16.090 and 1995 c 175 s 1 are each amended to read as follows:
(1) A person may pilot any vessel subject to the provisions of this chapter on waters covered by this chapter only if appointed and licensed to pilot such vessels on said waters under and pursuant to the provisions of this chapter.
(2) A person is eligible to be appointed a pilot if the person is a citizen of the United States, over the age of twenty-five years and under the age of seventy years, a resident of the state of Washington at the time of appointment and only if the pilot applicant holds as a minimum, a United States government license as a master of ocean or near coastal steam or motor vessels of not more than one thousand six hundred gross tons or as a master of inland steam or motor vessels of not more than one thousand six hundred gross tons, such license to have been held by the applicant for a period of at least two years prior to taking the Washington state pilotage examination and a first class United States endorsement without restrictions on that license to pilot in the pilotage districts for which the pilot applicant desires to be licensed, and if the pilot applicant meets such other qualifications as may be required by the board. A person applying for a license under this section shall not have been convicted of an offense involving drugs or the personal consumption of alcohol in the twelve months prior to the date of application. This restriction does not apply to license renewals under this section.
(3) Pilots shall be licensed hereunder for a term of five years from and after the date of the issuance of their respective state licenses. Such licenses shall thereafter be renewed as of course, unless the board shall withhold same for good cause. Each pilot shall pay to the state treasurer an annual license fee as follows: For the period beginning July 1, 1995, through June 30, ((1999)) 2001, the fee shall be two thousand five hundred dollars; and for the period beginning July 1, ((1999)) 2001, the fee shall be three thousand dollars. The fees shall be deposited in the state treasury to the credit of the pilotage account. The board may assess partially active or inactive pilots a reduced fee.
(4) Pilot applicants shall be required to pass a written and oral examination administered and graded by the board which shall test such applicants on this chapter, the rules of the board, local harbor ordinances, and such other matters as may be required to compliment the United States examinations and qualifications. The board shall hold examinations at such times as will, in the judgment of the board, ensure the maintenance of an efficient and competent pilotage service. An examination shall be scheduled for the Puget Sound pilotage district if there are three or fewer successful candidates from the previous examination who are waiting to become pilots in that district.
(5) The board shall develop an examination and grading sheet for each pilotage district, for the testing and grading of pilot applicants. The examinations shall be administered to pilot applicants and shall be updated as required to reflect changes in law, rules, policies, or procedures. The board may appoint a special independent examination committee or may contract with a firm knowledgeable and experienced in the development of professional tests for development of said examinations. Active licensed state pilots may be consulted for the general development of examinations but shall have no knowledge of the specific questions. The pilot members of the board may participate in the grading of examinations. If the board does appoint a special examination development committee it is authorized to pay the members of said committee the same compensation and travel expenses as received by members of the board. When grading examinations the board shall carefully follow the grading sheet prepared for that examination. The board shall develop a "sample examination" which would tend to indicate to an applicant the general types of questions on pilot examinations, but such sample questions shall not appear on any actual examinations. Any person who willfully gives advance knowledge of information contained on a pilot examination is guilty of a gross misdemeanor.
(6) All pilots and applicants are subject to an annual physical examination by a physician chosen by the board. The physician shall examine the applicant's heart, blood pressure, circulatory system, lungs and respiratory system, eyesight, hearing, and such other items as may be prescribed by the board. After consultation with a physician and the United States coast guard, the board shall establish minimum health standards to ensure that pilots licensed by the state are able to perform their duties. Within ninety days of the date of each annual physical examination, and after review of the physician's report, the board shall make a determination of whether the pilot or candidate is fully able to carry out the duties of a pilot under this chapter. The board may in its discretion check with the appropriate authority for any convictions of offenses involving drugs or the personal consumption of alcohol in the prior twelve months.
(7) The board shall prescribe, pursuant to chapter 34.05 RCW, a number of familiarization trips, between a minimum number of twenty-five and a maximum of one hundred, which pilot applicants must make in the pilotage district for which they desire to be licensed. Familiarization trips any particular applicant must make are to be based upon the applicant's vessel handling experience.
(8) The board may require vessel simulator training for a pilot applicant and shall require vessel simulator training for a pilot subject to RCW 88.16.105. The board shall also require vessel simulator training in the first year of active duty for a new pilot and at least once every five years for all active pilots.
(9) The board shall prescribe, pursuant to chapter 34.05 RCW, such reporting requirements and review procedures as may be necessary to assure the accuracy and validity of license and service claims, and records of familiarization trips of pilot candidates. Willful misrepresentation of such required information by a pilot candidate shall result in disqualification of the candidate.
(10) The board shall adopt rules to establish time periods and procedures for additional training trips and retesting as necessary for pilots who at the time of their licensing are unable to become active pilots.
NEW SECTION. Sec. 608. The following bills, as enacted in the form passed by the legislature, are necessary to implement portions of this act: House Bill Nos. 1053, 1147, 1304, 1466, 1588, 2201, 2245, and 2259 and Senate Bill Nos. 5060, 5283, 5360, 5605, 5615, 5955, 6030, and 6068.
Sec. 609. RCW 47.26.425 and 1999 c 94 s 21 and 1999 c . . . (SHB 1053) s 6 are each reenacted to read as follows:
Any funds required to repay the first authorization of two hundred million dollars of bonds authorized by RCW 47.26.420, as amended by section 18, chapter 317, Laws of 1977 ex. sess. or the interest thereon when due, shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the urban arterial trust account in the motor vehicle fund pursuant to RCW 46.68.090(1)(g), and shall never constitute a charge against any allocations of any other such funds in the motor vehicle fund to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise tax on motor vehicle and special fuels and distributed to the urban arterial trust account proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Sec. 610. RCW 47.26.4252 and 1999 c 94 s 22 and 1999 c . . . (SHB 1053) s 7 are each reenacted to read as follows:
Any funds required to repay the authorization of series II bonds authorized by RCW 47.26.420, as reenacted by section 3, chapter 5, Laws of 1979, or the interest thereon when due, shall first be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW and which is distributed to the urban arterial trust account in the motor vehicle fund pursuant to RCW 46.68.090(1)(g), subject, however, to the prior lien of the first authorization of bonds authorized by RCW 47.26.420, as reenacted by section 3, chapter 5, Laws of 1979. If the moneys distributed to the urban arterial trust account shall ever be insufficient to repay the first authorization bonds together with interest thereon, and the series II bonds or the interest thereon when due, the amount required to make such payments on such bonds or interest thereon shall next be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state, counties, cities, and towns pursuant to RCW 46.68.090. Any payments on such bonds or interest thereon taken from motor vehicle or special fuel tax revenues which are distributable to the state, counties, cities, and towns, shall be repaid from the first moneys distributed to the urban arterial trust account not required for redemption of the first authorization bonds or series II and series III bonds or interest on those bond issues.
Sec. 611. RCW 47.26.4254 and 1999 c 94 s 23 and 1999 c . . . (SHB 1053) s 8 are each reenacted and amended to read as follows:
(1) Any funds required to repay series III bonds authorized by RCW 47.26.420, or the interest thereon, when due shall first be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW and that is distributed to the urban arterial trust account in the motor vehicle fund pursuant to RCW 46.68.090(1)(((j))) (g), subject, however, to the prior lien of the first authorization of bonds authorized by RCW 47.26.420. If the moneys so distributed to the urban arterial trust account, after first being applied to administrative expenses of the transportation improvement board and to the requirements of bond retirement and payment of interest on first authorization bonds and series II bonds as provided in RCW 47.26.425 and 47.26.4252, are insufficient to meet the requirements for bond retirement or interest on any series III bonds, the amount required to make such payments on series III bonds or interest thereon shall next 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 that is distributed to the state, counties, cities, and towns pursuant to RCW 46.68.090, subject, however, to subsection (2) of this section.
(2) To the extent that moneys so distributed to the urban arterial trust account are insufficient to meet the requirements for bond retirement or interest on any series III bonds, sixty percent of the amount required to make such payments when due shall first 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 that is distributed to the state. The remaining forty percent shall first 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 that is distributed to the cities and towns pursuant to RCW 46.68.090(1)(i) and to the counties pursuant to RCW 46.68.090(1)(j). Of the counties', cities', and towns' share of any additional amounts required in each fiscal year, the percentage thereof to be taken from the counties' distributive share and from the cities' and towns' distributive share shall correspond to the percentage of funds authorized for specific county projects and for specific city and town projects, respectively, from the proceeds of series III bonds, for the period through the first eleven months of the prior fiscal year as determined by the chairman of the transportation improvement board and reported to the state finance committee and the state treasurer not later than the first working day of June.
(3) Any payments on such bonds or interest thereon taken from motor vehicle or special fuel tax revenues that are distributable to the state, counties, cities, and towns shall be repaid from the first moneys distributed to the urban arterial trust account not required for redemption of the first authorization bonds, series II bonds, or series III bonds or interest on these bonds.
Sec. 612. RCW 47.26.505 and 1999 c 94 s 24 and 1999 c . . . (SHB 1053) s 9 are each reenacted and amended to read as follows:
Any funds required to repay such bonds, or the interest thereon when due, shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the transportation improvement account in the motor vehicle fund under RCW 46.68.090(1)(h), and shall never constitute a charge against any allocations of any other such funds in the motor vehicle fund to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise tax on motor vehicle and special fuels and distributed to the transportation improvement account proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Sec. 613. RCW 43.43.300 and 1965 c 8 s 43.43.300 are each amended to read as follows:
Beginning on July 1, 1963, every Washington state patrol employee who is a member of the retirement fund shall contribute seven percent of his or her monthly salary((, which)). For the biennium beginning July 1, 1999, and ending June 30, 2001, the employee contribution rate for every member of a retirement system created under this chapter and: (1) Covering employees whose activities constitute a highway purpose under the eighteenth amendment (Article II, section 40) of the state Constitution; where (2) the majority of both the employer and employee contributions are funded from moneys appropriated from the state patrol highway account of the motor vehicle fund; shall be set so that the contribution rates required to fund the costs of the retirement system shall be equal for members and employers; except that in no event shall the member contribution rate exceed seven percent. If the pension funding council determines that contribution rates must exceed seven percent in order to fund the costs of the retirement system, any cost over seven percent shall be borne by the employer. The member contribution rate determined under this section shall be deducted from the compensation of each member on each and every payroll.
In the event a member severs his or her connection with the Washington state patrol or is dismissed, the amount paid by the state of Washington shall remain in the retirement fund.
NEW SECTION. Sec. 614. The joint committee on pension policy shall study the method for setting employer and employee contribution rates for the Washington state patrol retirement system. The study shall include options for implementing a method or methods that allow both the employer and members to share the benefits form investment gains that exceed the long-term investment return assumptions adopted by the pension funding council.
NEW SECTION. Sec. 615. The legislature finds and declares that it is essential for the economic, social, and environmental well-being of the state and the maintenance of a high quality of life that the people of the state have an efficient and effective transportation system. The legislature, public officials, and citizens need to know the extent to which state agencies, programs, and activities that impact the state's transportation system are achieving the purposes for which they were created.
The legislature recognizes that if it is to adequately fulfill its responsibility to provide for a balanced, efficient state-wide transportation system, it is essential to establish a joint legislative transportation committee that will provide an opportunity for members of the house of representatives and the senate to examine, develop, and oversee critical transportation policy and fiscal issues and make recommendations on such issues to the house of representatives and senate standing committees on transportation.
Sec. 616. RCW 44.40.010 and 1980 c 87 s 39 are each amended to read as follows:
The joint fact-finding committee on highways, streets, and bridges originally created by chapter 111, Laws of 1947, recreated and renamed the joint committee on highways by chapter 3, Laws of 1963 extraordinary session, is hereby recreated and renamed the legislative transportation committee. The renaming of said committee shall not affect any powers invested in it or its duties imposed upon it by any other statute. All appropriations made to the committee under its former name shall continue to be available to said committee as renamed, the legislative transportation committee. The committee shall consist of ((eleven)) twelve senators to be appointed by the president of the senate and twelve members of the house of representatives to be appointed by the speaker thereof. Not more than six members from each house may be from the same political party. A list of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the appointing authority. All vacancies must be filled from the same political party and from the same house as the member whose seat was vacated.
The chair will be elected biennially by the membership of the committee. After January 1, 2001, each succeeding chair must be from the opposite house of the current chair, and be from the majority party. The vice-chair must be from the opposite house.
On the effective date of this act, the president of the senate shall appoint an additional senate member as provided by the 1999 amendment of this section. With the appointment of the additional member, the terms of officers elected before the effective date of this act are terminated, and the committee shall hold a new election of officers.
The committee shall adopt rules and procedures for its orderly operation.
NEW SECTION. Sec. 617. A new section is added to chapter 44.40 RCW to read as follows:
The members of the legislative transportation committee shall form an executive committee consisting of two members from each of the four major political caucuses, which will include the chair and vice-chair of the legislative transportation committee. There will be four alternates to the executive committee, one from each of the four major political caucuses. Each alternate may represent a member from the same political caucus from which they were chosen when that member is absent, and have voting privileges during that absence.
The executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the committee, as well as other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation committee, the executive committee is responsible for adopting interim work plans and meeting schedules and approving all contracts signed on behalf of the committee.
NEW SECTION. Sec. 618. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE
Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 300,000
NEW SECTION. Sec. 619. The following acts or parts of acts are each repealed:
(1) RCW 46.68.095 (Distribution of additional state-wide taxes) and 1999 c 94 s 7, 1994 c 179 s 4, & 1990 c 42 s 103; and
(2) RCW 46.68.100 (Allocation of net tax amount in motor vehicle fund) and 1999 c 94 s 8, 1994 c 179 s 5, 1991 c 310 s 2, 1986 c 66 s 1, 1984 c 7 s 73, 1977 ex.s. c 317 s 9, 1977 c 51 s 1, 1975-'76 2nd ex.s. c 57 s 1, 1973 1st ex.s. c 124 s 1, 1972 ex.s. c 24 s 2, 1970 ex.s. c 85 s 4, 1967 ex.s. c 145 s 79, 1967 ex.s. c 83 s 8, 1961 ex.s. c 7 s 6, & 1961 c 12 s 46.68.100.
NEW SECTION. Sec. 620. 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. 621. 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.
On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 43.19.1906, 88.16.090, 43.43.300, and 44.40.010; amending 1997 c 457 ss 110, 204, 215, 223, 303, and 403 (uncodified); amending 1998 c 348 ss 203, 205, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 402, and 404 (uncodified); reenacting and amending RCW 47.26.4254 and 47.26.505; reenacting RCW 47.26.425 and 47.26.4252; adding a new section to chapter 44.40 RCW; adding a new section to 1997 c 457 (uncodified); creating new sections; repealing RCW 46.68.095 and 46.68.100; repealing 1997 c 457 s 502 (uncodified); repealing 1997 c 457 s 514 (uncodified); repealing 1997 c 457 s 515 (uncodified); making appropriations; and declaring an emergency."
On page 7, line 12 of the amendment, strike "2,378,000" and insert "2,586,000"
On page 8, after line 6 of the amendment, strike section 206 and insert the following:
NEW SECTION. Sec. 206. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE
Motor vehicle account--State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,283,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $2,467,000 of the motor vehicle account--state appropriation is provided for the operation of the house of representatives transportation committee. The appropriation includes $500,000 for personal service contracts and other activities as deemed necessary by the house of representatives transportation committee.
(2) The transportation committees of the legislature shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
(3) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:
(a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;
(b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;
(c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and
(d) Evaluate governance issues associated with road jurisdiction.
(4) The transportation committees of the legislature shall oversee program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the senate transportation committee."
On page 74, beginning on line 8 of the amendment, after "department of" strike "transportation.
(2) Twenty-two" and insert "transportation. Twenty-two"
On page 74, line 32 of the amendment, strike "(3)" and insert "(2)"
Correct any internal references accordingly.
On page 85, beginning on line 3, strike everything through "house." on line 6.
On page 85, line 27 of the amendment after "committee" strike " as well as" and insert ", determining the number of legislative transportation committee staff, and"
On page 85, line 30 of the amendment, after "schedules" strike "and" and insert ","
On page 85, line 31 of the amendment, after "committee" insert ", and setting policies for legislative transportation committee staff utilization"
On page 85, beginning on line 32 of the amendment, strike all of section 618.
Renumber remaining sections and correct internal references accordingly.
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 1125 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1125 as amended by the Senate.
Representatives Fisher and K. Schmidt spoke in favor of passage of the bill as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1125, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.
Excused: Representatives Crouse and Scott - 2.
Engrossed Substitute House Bill No. 1125, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
May 19, 1999
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2304 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The sum of four million dollars, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 2001, for:
(1) Alternative school start-up grants which are in addition to the grants funded in the two million dollars alternative school start-up appropriation contained in section 501(2)(l), chapter 309, Laws of 1999, and these grants shall be awarded in the same manner and for the same purposes;
(2) School safety programs for prevention and intervention. School districts may apply for and administer these grants independently or jointly with other school districts or educational service districts. The funds may be expended for proven-effective programs to improve safety in schools, including: Security assessments of school facilities; violence prevention and reporting training for staff as appropriate to the particular duties and responsibilities of the specific staff, including administrators; nonviolence and leadership training for staff and students; and school safety plans. The educational service districts and school districts may contract for any services under this subsection.
(3) The superintendent of public instruction shall report to the education committees of the house of representatives and senate on the number and types of programs administered through these grants by February 15, 2001, and February 15th of every two years thereafter.
NEW SECTION. Sec. 2. For the fiscal biennium ending June 30, 2001, the sum of three million dollars, or as much thereof as may be necessary, is appropriated from the general fund--state to the superintendent of public instruction for matching grants to enhance security in schools. This appropriation is a supplement to the five million nine hundred twenty-three thousand dollar appropriation for school security contained in section 501(2)(e), chapter 309, Laws of 1999, and shall be expended in the same manner and for the same purposes.
NEW SECTION. Sec. 3. The biennial appropriations in sections 1 and 2 of this act shall be allotted by the office of financial management evenly between fiscal year 2000 and fiscal year 2001.
Sec. 4. 1999 c 309 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF HEALTH
General Fund--State Appropriation (FY 2000). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((68,937,000))
65,437,000
General Fund--State Appropriation (FY 2001). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((69,635,000))
66,135,000
General Fund--Federal Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 268,710,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 68,648,000
Hospital Commission Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,128,000
Health Professions Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,529,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,856,000
State Drinking Water Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,531,000
Drinking Water Assistance Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 5,456,000
Waterworks Operator Certification--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 593,000
Water Quality Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,124,000
Accident Account--State Appropriation.. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 258,000
Medical Aid Account--State Appropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 45,000
State Toxics Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,614,000
Health Services Account Appropriation.. . . . . .$ 7,000,000
Medical Test Site Licensure Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$ 1,651,000
Youth Tobacco Prevention Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 1,804,000
Tobacco Prevention and Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . $ 620,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 550,139,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,434,000 of the health professions account appropriation is provided solely for the development and implementation of a licensing and disciplinary management system. Expenditures are conditioned upon compliance with section 902 of this act. These funds shall not be expended without appropriate project approval by the department of information systems.
(2) The department or any successor agency is authorized to raise existing fees charged to the nursing assistants, podiatrists, and osteopaths; for certificate of need; for temporary worker housing; for state institution inspection; for residential care facilities and for transient accommodations, in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section.
(3) $339,000 of the general fund--state appropriation for fiscal year 2000, $339,000 of the general fund--state appropriation for fiscal year 2001, and $678,000 of the general fund--federal appropriation are provided solely for technical assistance to local governments and special districts on water conservation and reuse. $339,000 of the general fund--federal amount may be expended in each fiscal year of the biennium, only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001.
(4) $1,685,000 of the general fund--state fiscal year 2000 appropriation and $1,686,000 of the general fund--state fiscal year 2001 appropriation are provided solely for the implementation of the Puget Sound water work plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.
(5) (($4,645,000 of the general fund--state fiscal year 2000 appropriation and $4,645,000 of the general fund--state fiscal year 2001 appropriation are provided solely for distribution to local health departments.
(6))) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(((7))) (6) $620,000 of the tobacco prevention and control account appropriation and $209,000 of the general fund--federal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5516 or, if the bill is not enacted, for the development of a sustainable, long-term, comprehensive tobacco control program. The plan shall identify a specific set of outcome measures that shall be used to track long range progress in reducing the use of tobacco. Nationally accepted measures that can be used to compare progress with other states shall be included. The plan shall emphasize programs that have demonstrated effectiveness in achieving progress towards the specified outcome measures. Components of the plan that do not have a record of success may be included, provided that the plan also includes the means of evaluating those components. The plan shall also include an inventory of existing publically funded programs that seek to prevent the use of tobacco, alcohol, or other drugs by children and youth and recommendations to coordinate and consolidate these programs in order to achieve greatest positive outcomes within total available resources. A preliminary plan shall be submitted to the appropriate committees of the legislature by December 1, 1999, with the final plan submitted by September 1, 2000.
(((8))) (7) $2,075,000 of fiscal year 2000 general fund--state appropriation and $2,075,000 of fiscal year 2001 general fund--state appropriation are provided for the Washington poison center. The department shall require the center to develop a long range financing plan that identifies options for diversifying funding for center operations, including, but not limited to, federal grants, private sector grants and sponsorships, and multistate or regional operating agreements. The plan shall be submitted to the appropriate committees of the legislature by December 1, 2000.
(((9))) (8) $50,000 of fiscal year 2000 general fund--state appropriation and $50,000 of fiscal year 2001 general fund--state appropriation are provided solely for fund raising and other activities for the development of early hearing loss clinics. The development plan for these clinics shall not assume ongoing general fund--state appropriations.
NEW SECTION. Sec. 5. 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 July 1, 1999."
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending 1999 c 309 s 221 (uncodified); creating new sections; making appropriations; providing an effective date; and declaring an emergency."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Engrossed House Bill No. 2304 and advanced the bill as amended by the Senate to final passage.
MOTIONS
On motion of Representative Wolfe, Representatives Edwards and Murray were excused. On motion of Representative Schoesler, Representative Thomas was excused.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of Engrossed House Bill No. 2304 as amended by the Senate.
Representatives H. Sommers, Talcott and Huff spoke in favor of passage of the bill as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2304, as amended by the Senate and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 93.
Excused: Representatives Crouse, Edwards, Murray, Scott and Thomas - 5.
Engrossed House Bill No. 2304, as amended by the Senate, having received the constitutional majority, was declared passed.
There being no objection, Engrossed House Bill No. 2304 was immediately transmitted to the Senate.
SIGNED BY THE SPEAKERS
The Speakers have signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125,
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595,
SENATE AMENDMENTS TO HOUSE BILL
May 19, 1999
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of this act to revise the law on registration of sex and kidnapping offenders in response to the case of State v. Pickett, Docket number 41562-0-I. The legislature intends that all sex and kidnapping offenders whose history requires them to register shall do so regardless of whether the person has a fixed residence. The lack of a residential address is not to be construed to preclude registration as a sex or kidnapping offender. The legislature intends that persons who lack a residential address shall have an affirmative duty to report to the appropriate county sheriff, based on the level of risk of offending.
Sec. 2. RCW 9A.44.130 and 1998 c 220 s 1 and 1998 c 139 s 1 are each reenacted and amended to read as follows:
(1) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person. In addition, any such adult or juvenile who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution. Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.
(3)(a) The person shall provide the following information when registering: (((a))) (i) Name; (((b))) (ii) address; (((c))) (iii) date and place of birth; (((d))) (iv) place of employment; (((e))) (v) crime for which convicted; (((f))) (vi) date and place of conviction; (((g))) (vii) aliases used; (((h))) (viii) social security number; (((i))) (ix) photograph; and (((j))) (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (((9))) (10) of this section.
When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (((9))) (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.
(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (((9))) (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.
(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within fourteen days after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.
(b) A person who lacks a fixed residence must report in person to the sheriff of the county where he or she is registered. If he or she has been classified as a risk level I sex or kidnapping offender, he or she must report monthly. If he or she has been classified as a risk level II or III sex or kidnapping offender, he or she must report weekly. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within fourteen days after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
(((7))) (8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.
(((8))) (9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged in sexually explicit conduct), 9.68A.090 (communication with minor for immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual misconduct with a minor in the second degree), as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.
(b) "Kidnapping offense" means the crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent.
(c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
(((9))) (10) A person who knowingly fails to register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
NEW SECTION. Sec. 3. 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."
On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "reenacting and amending RCW 9A.44.130; creating a new section; and declaring an emergency."
and the same is herewith transmitted.
TONY M. COOK, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 1004 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1004 as amended by the Senate.
Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1004, as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 94.
Excused: Representatives Crouse, Edwards, Scott and Thomas - 4.
Engrossed Substitute House Bill No. 1004, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
May 19, 1999
Mr. Speaker:
The Senate has passed SENATE BILL NO. 5670, and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2294 by Representatives Romero, Van Luven, Veloria, D. Sommers, Doumit, Dunn, Kenney and Santos
AN ACT Relating to extending the sunset date of the linked deposit program.
Held on first from May 18, 1999.
HB 2296 by Representatives H. Sommers, Doumit and Kenney
AN ACT Relating to funding Engrossed House Bill No. 2232.
Held on first from May 18, 1999.
HB 2298 by Representatives Romero, Keiser, Stensen, Kenney and D. Schmidt
AN ACT Relating to allowing optional dates for special elections.
Held on first from May 18, 1999.
HB 2299 by Representatives Cody, Clements, Conway, Campbell, McIntire and Kenney
AN ACT Relating to repealing null and void clause regarding state hospitals.
Held on first from May 18, 1999.
HB 2301 by Representatives Hatfield, Doumit, Kessler, Buck, Eickmeyer, Koster, Grant and Mulliken
AN ACT Relating to incorporating the growth management act and the shoreline management act in the effort to protect and preserve endangered species.
Held on first from May 18, 1999.
HB 2302 by Representatives Stensen, Hurst, Campbell, Kastama and Regala
AN ACT Relating to providing grants to allow communities to participate in federal hydroelectric licensing and relicensing collaborative process.
Held on first from May 18, 1999.
HB 2305 by Representatives Dunshee, Dickerson, Poulsen and McIntire
AN ACT Relating to prohibiting the issuance of permits for surface mining.
Held on first from May 18, 1999.
HB 2306 by Representatives Van Luven, Kastama, Veloria, Boldt, Kenney, McDonald, Eickmeyer, Radcliff, Ballasiotes, Miloscia, K. Schmidt, Haigh, Skinner, Hankins, Wolfe and Ruderman
AN ACT Relating to mobile home parks; amending RCW 59.22.010, 59.22.020, 59.22.030, 59.22.032, 59.22.036, 59.22.039, 59.21.021, 59.20.070, 59.20.090, and 59.20.130; adding new sections to chapter 59.20 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70B RCW; and creating new sections.
Referred to Committee on Economic Development, Housing & Trade.
HB 2307 by Representatives Sullivan, Dunn, Reardon, Eickmeyer, Miloscia and Dunshee
AN ACT Relating to health care patient rights and protections; reenacting and amending RCW 70.47.060; adding new sections to chapter 48.43 RCW; adding a new section to chapter 7.70 RCW; adding a new section to chapter 70.47 RCW; creating new sections; and repealing RCW 48.43.075, 48.43.095, and 48.43.105.
Referred to Committee on Health Care.
HB 2308 by Representatives Cody, McIntire, Parlette, McMorris, Wood, Gombosky, Tokuda and Kenney
AN ACT Relating to maintenance of low-income disproportionate share hospital payments; amending 1999 c 309 s 210 (uncodified); making appropriations; providing an effective date; and declaring an emergency.
Referred to Committee on Appropriations.
SB 5670 by Senators Snyder and Rasmussen
Creating criteria for the issuance of water quality permits for the treatment of noxious weeds.
There being no objection, Senate Bill No. 5670 was introduced and read the first time.
There being no objection, the rules were suspended and Senate Bill No. 5670 was advanced to second reading.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 5670, by Senators Snyder and Rasmussen
Creating criteria for the issuance of water quality permits for the treatment of noxious weeds.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third reading and the bill was placed on final passage.
Representatives Hatfield, G. Chandler, Pennington and Linville spoke in favor of the passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 5670.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5670 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 93.
Voting nay: Representative Dickerson - 1.
Excused: Representatives Crouse, Edwards, Scott and Thomas - 4.
Senate Bill No. 5670, having received the constitutional majority, was declared passed.
SIGNED BY THE SPEAKERS
The Speakers signed:
ENGROSSED HOUSE BILL NO. 2304,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004,
There being no objection, House Rule 13C was suspended.
MESSAGES FROM THE SENATE
May 19, 1999
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2247,
SUBSTITUTE HOUSE BILL NO. 2273,
and the same are herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The President has signed:
and the same is herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The President has signed:
ENGROSSED HOUSE BILL NO. 2304,
and the same is herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1004,
and the same is herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8416,
and the same is herewith transmitted.
Tony M. Cook, Secretary
May 19, 1999
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8417,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
SCR 8416 by Senators Snyder and McDonald
Resolving that the 1999 first special session adjourn SINE DIE.
SCR 8417 by Senators Snyder and McDonald
Returning bills to their house of origin.
There being no objection, Senate Concurrent Resolution No. 8416 and Senate Concurrent Resolution No. 8417 were introduced and read the first time.
There being no objection, the rules were suspended and Senate Concurrent Resolution No. 8416 and Senate Concurrent Resolution No. 8417 were placed on second reading.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8417, by Senators Snyder and McDonald
Returning bills to their house of origin.
The resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final adoption.
Speaker Ballard stated the question before the House to be the adoption of Senate Concurrent Resolution No. 8417.
Senate Concurrent Resolution No. 8417 was adopted.
SENATE CONCURRENT RESOLUTION NO. 8416, by Senators Snyder and McDonald
Resolving that the 1999 first special session adjourn SINE DIE.
The memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final adoption.
Speaker Ballard stated the question before the House to be adoption of Senate Concurrent Resolution No. 8416.
Senate Concurrent Resolution No. 8416 was adopted.
There being no objection, Senate Concurrent Resolution No. 8416 and Senate Concurrent Resolution No. 8417 were immediately transmitted to the Senate.
RESOLUTION
HOUSE RESOLUTION NO. 99-4710, by Representatives Lisk and Kessler
WHEREAS, It is necessary to provide for the continuation of the work of the House of Representatives after its adjournment and during the interim periods between legislative sessions;
NOW, THEREFORE, BE IT RESOLVED, That the Executive Rules Committee is hereby created by this resolution and shall consist of an equal number of members of the two caucuses, to be named by the Co-Speakers of the House of Representatives; and
BE IT FURTHER RESOLVED, That the Executive Rules Committee may assign subject matters, bills, memorials, and resolutions to authorized committees of the House of Representatives for study during the interim, and the Co-Speakers of the House of Representatives may create special and select committees as may be necessary to carry out the functions, including interim studies, of the House of Representatives in an orderly manner and shall appoint members to such committees with the approval of the Executive Rules Committee; and
BE IT FURTHER RESOLVED, That the Executive Rules Committee shall have full authority and direction over the authorization and execution of any personal services contracts or subcontracts that necessitate the expenditure of House of Representatives appropriations; and
BE IT FURTHER RESOLVED, That, during the interim, the schedules of and locations for all meetings of any committee or subcommittee shall be approved by the Executive Rules Committee, and those committees or subcommittees may conduct hearings and scheduling without a quorum being present; and
BE IT FURTHER RESOLVED, That, during the interim, authorized committees have the power of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with chapter 44.16 RCW if and when specifically authorized by the Executive Rules Committee for specific purposes and specific subjects; and
BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives shall complete the work of the 1999 Regular Session of the Fifty-Sixth Legislature during interim periods, and all details that arise therefrom, including the editing, indexing, and publishing of the journal of the House of Representatives; and
BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives shall make the necessary inventory of furnishings, fixtures, and supplies; and
BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives may approve vouchers of the members of the House of Representatives, covering expenses incurred during the interim for official business of the Legislature in accordance with policies set by the Executive Rules Committee, at the per diem rate provided by law and established by the Executive Rules Committee, for each day or major portion of a day, plus mileage at the rate established by law; and
BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives shall, during the interim, and as authorized by the Co-Speakers of the House of Representatives, retain or hire any necessary employees, order necessary supplies, equipment, and printing to enable the House of Representatives to carry out its work promptly and efficiently, and accept committee reports, committee bills, prefiled bills, memorials, and resolutions as directed by the Rules of the House of Representatives and by Joint Rules of the Legislature; and
BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives shall execute the necessary vouchers upon which warrants are drawn for all legislative expenses and expenditures of the House of Representatives; and
BE IT FURTHER RESOLVED, That the Co-Speakers of the House of Representatives and the Co-Chief Clerks of the House of Representatives may authorize the attendance of members and employees at conferences and meetings in accordance with the policies adopted by the Executive Rules Committee and may authorize the expenditure of registration or fees and reimbursement for subsistence and travel for such purpose; and
BE IT FURTHER RESOLVED, That members and employees of the Legislature be reimbursed for expenses incurred in attending conferences and meetings at the rate provided by law and established by the Executive Rules Committee, plus mileage to and from the conferences and meetings at the rate established by law, which reimbursement shall be paid on vouchers from any appropriation made to the House of Representatives for legislative expenses; and
BE IT FURTHER RESOLVED, That, during the interim, the use of the House of Representatives Chamber, any of its committee rooms, or any of the furniture or furnishings in them, is permitted upon such terms and conditions as the Co-Chief Clerks of the House of Representatives shall deem appropriate; and
BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives may express the sympathy of the House of Representatives by sending flowers and correspondence when the necessity arises; and
BE IT FURTHER RESOLVED, That this Resolution applies throughout the interim between sessions of the Fifty-Sixth Legislature, as well as any committee assembly.
There being no objection, House Resolution No. 99-4710 was adopted.
There being no objection, the House advanced to the eighth order of business.
MOTION
Representative Kessler moved that with the resignation of Dean R. Foster as Co-Chief Clerk of the House of Representatives effective May 31, 1999 having been received, that nominations be open for the office of Co-Chief of the House of Representatives to be effective June 1, 1999. The motion was adopted.
Representative Kessler: "I am pleased and honored to nominate Cindy Zehnder to succeed Dean Foster as Co-Chief for the House of Representatives. Cindy quietly entered our Chamber a few weeks ago assuming the role of Assistant Chief Clerk. She took on her duties with enthusiasm utilizing her impressive list of skills and experience.
Her background in both public and private sectors as well as her involvement in civic activities is incredible. She received her Bachelor of Arts and Masters degrees from the University of Washington, a very good school in my opinion. She is a skilled administrator serving most recently as Deputy Commissioner for the Washington State Employment Security Department responsible for information systems, strategic planning, budget, legislation, and labor and management in state holder???? relations. She has a proven ability to unite diverse interests around a common program with extensive negotiation experience in both the public and private sectors. Cindy is currently a member of the University of Washington Board of Regents where she served as President of that board in 1998-99. In addition to her many other civic and community activities, Cindy served as a chair of the Personnel Committee and a member of the Executive Committee for the Fred Hutchinson Cancer Research Center Board of Trustees.
And finally her most impressive of all accomplishments, Cindy was a truck driver and dock worker for more than four years. Just by looking at her, you might find it difficult to visualize her punching those big boxes and containers and so forth down on the docks along with the fairly closed 'good ole boys' dock workers of the 1970s. I'm impressed. She gained the respect and admiration of those workers. I've heard her stories — this was not an easy accomplishment. Remember this was not in the 1990s, this was in the seventies.
I am absolute convinced that Cindy is more than up for the task of filling Dean's shoes which are rather large shoes as our Co-Chief Clerk. Please join me in voting for Cindy Zehnder for Co-Chief."
Representative Kessler moved that the nomination for Co-Chief Clerk be closed and by an unanimous voice vote, Cindy Zehnder be elected Co-Chief Clerk of the House of Representatives.
Cindy Zehnder was elected Co-Chief Clerk of the House of Representatives.
Speaker Ballard requested Representatives Kessler and Lisk escort newly elected Co-Chief Clerk Cindy Zehnder to the Rostrum. Speaker Ballard administered the Oath of Office to Co-Chief Clerk Cindy Zehnder.
ACCEPTANCE SPEECH OF CO-CHIEF CLERK ZEHNDER
Co-Chief Clerk Zehnder: "Thank you, Speaker Ballard, Speaker Chopp and members of the House of Representatives. At this late time my speech will be very brief. I am very honored to be part of you and to be part of this wonderful Institution. I will do all I can to support you in your very important work. Thank you."
RESOLUTION
HOUSE RESOLUTION NO. 99-4705, by Representatives Kessler, Lisk, Alexander, Anderson, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. Schmidt, Schindler, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe and Wood
WHEREAS, It is the goal of most working people to retire at a relatively young age and enjoy family and friends, travel, garden, read, and otherwise take life easy without the need to report to work daily; and
WHEREAS, Dean Foster, co-chief clerk of the House of Representatives, having committed his working life to serving the people of the state of Washington, retired from a long and distinguished career in state service in 1996, promising his loving wife Sharon that they would at last travel, and do things together; and
WHEREAS, To honor the occasion of his retirement, hundreds of friends did gather for dinner and speeches and to share "Dean Foster stories," and reminisce about his work, from humble beginnings as bill room clerk in the state House of Representatives, to serving as chief clerk of the House, co-chief clerk of the House, staff director for the Senate, and chief of staff for governor Booth Gardner; and
WHEREAS, With over five hundred witnesses to his retirement, his wife Sharon was prompted to think, "Wow, he really did it!"; and
WHEREAS, In November 1998, the state House of Representatives, for only the second time in the state's history, was tied, 49-49, and needing a co-chief clerk — someone who could help legislators navigate the choppy waters of shared power; and
WHEREAS, It was widely whispered that Dean Foster had served as co-chief clerk during the first tie, but was retired and serving as Sharon's secretary, which might mean he was available — or not; and
WHEREAS, Dean, forsaking friends and family and freedom, agreed to return to the House to help, but only for a short while, during which time his gracious manner, wise counsel, help, and guidance have been invaluable to members of both parties; and
WHEREAS, Dean Foster now once again forswears 80-hour work weeks and public service, returning home to reading, gardening, fishing, travel, and Sharon, who once again is relieved that he really did it;
NOW, THEREFORE, BE IT RESOLVED, That the members and staff of the House of Representatives publicly thank Dean Foster for his service as co-chief clerk during the 1999 Legislative Session, for his long and distinguished career as a public servant, and for the sacrifice of leaving retirement to come and serve as our mentor, friend, and colleague, and thank his wife, Sharon, for sharing him with us.
Representative Kessler moved adoption of the resolution.
Representatives Kessler and Pennington spoke in favor of the adoption of the resolution.
Speaker Ballard: "You should look at him with a jacket and tie on for the last time for a long time because tomorrow I guarantee you when you run into him, he'll have his birkenstocks on and he will be in a casual manner. Dean, we have worked together a long. I used to stand in front there many times and ask you personal questions. You were always helpful, you were always straight with me and I want to say on behalf of this Institution, thank you very much."
House Resolution No. 99-4705 was adopted.
REMARKS OF CO-CHIEF CLERK DEAN FOSTER
Co-Chief Clerk Foster: "Thank you very much. I didn't know my wife had gone to work for the Code Reviser's Office writing floor resolutions. Last night about 10:30 I was waiting for Frank to take me home; he forgot me and I was here reading through the computer. I saw this floor resolution had been put in the computer with my name -- I didn't read it. Had I read it, I might not have come to work today.
The pleasure is mine in being able to serve and to be reminded what it is like to bring ninety eight people together from all corners of the State to go through the sacrifices -- the sacrifices your family give and that you give during these long days in a difficult situation. Thank you for the honor of serving again. I'll probably be back in twenty years in the next tie but not until then.
Thanks again. Let's get on with business."
MESSAGE FROM THE SENATE
May 19, 1999
Mr. Speaker:
The President has signed:
SENATE CONCURRENT RESOLUTION NO. 8416,
SENATE CONCURRENT RESOLUTION NO. 8417,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SENATE CONCURRENT RESOLUTION NO. 8416,
SENATE CONCURRENT RESOLUTION NO. 8417,
Speaker Ballard announced the following statutory committee appointments:
Joint Legislative Audit and Review Committee
Representative Alexander Representative Ogden
Representative Doumit Representative Regala
Representative McMorris Representative Rockefeller
Representative Mielke Representative Wensman
Legislative Committee on Economic Development
Representative Bush Representative Kenney
Representative DeBolt Representative Pennington
Representative Eickmeyer Representative Veloria
Legislative Committee on Energy and Utilities
Representative Crouse Representative Poulsen
Representative DeBolt Representative Reardon
Legislative Evaluation and Accountability Program
Representative Barlean Representative Miloscia
Representative McIntire Representative Koster
Legislative Transportation Committee
Representative Cooper Representative Mitchell
Representative G. Chandler Representative Murray
Representative Ericksen Representative Radcliff
Representative Fisher Representative Romero
Representative Hankins Representative K. Schmidt
Representative Hatfield Representative Wood
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
RESOLUTION
HOUSE RESOLUTION NO. 99-4708, by Representatives Santos, Tokuda, Veloria, Murray, Kenney, H. Sommers, Lovick, Cody, Poulsen, McIntire, Constantine, Dickerson, Dunshee and Chopp
WHEREAS, The Washington State House of Representatives recognizes and values the role and the contributions of the church to the development of our citizens and our communities; and
WHEREAS, The church has historically encompassed roles beyond a religious dimension by providing critical social and economic support for immigrant populations to survive and prosper in our state and across our nation; and
WHEREAS, May 23, 1999, marks the centennial anniversary of the founding of the Japanese Baptist Church in Seattle, Washington; and
WHEREAS, Since its inception at the turn of the nineteenth century, the Japanese Baptist Church welcomed newly arrived Japanese immigrants in the Seattle area, facilitated their acculturation to their new surroundings, and laid the foundation for a strong and vibrant ethnic community of second-generation and third-generation Japanese Americans to flourish in the Pacific Northwest; and
WHEREAS, Forward-thinking congregants of the Japanese Baptist Church played a pivotal role in helping early Japanese immigrant women, many of whom came as picture brides to the United States, in their transition to a new land and to a new life by first providing safety and shelter through such group homes as the "Fujin Home" and by later providing guidance and fellowship for newly married couples; and
WHEREAS, Community organizations and affiliations, such as the Boys' Club and the Girls' Club, athletic interests, such as basketball and baseball leagues, choirs and musical groups, and critical educational needs, such as the Japanese Baptist Church Kindergarten (later renamed the Broadway Nursery School) were facilitated by the Church's active leadership; and
WHEREAS, The Japanese Baptist Church persevered through the war years despite profound prejudice and discrimination with help from remarkable individuals, like the Reverend Emery Andrews, and continued to worship together in the Minidoka Relocation Center, thereby sowing the seeds for the remarkable renewal and growth of the church in the postwar years; and
WHEREAS, The Japanese Baptist Church's centennial anniversary this year brings this organization into a small and select group of local churches to have achieved this level of longevity in our region;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of this 56th Washington Legislature proudly honor this milestone in the remarkable one hundred year history of the Japanese Baptist Church, and in the history of the Japanese-American community in our state, both of which have contributed immeasurably to the rich heritage and culture of the Pacific Northwest; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to the Governor and to the congregation of the Japanese Baptist Church.
There being no objection, House Resolution No. 99-4708 was adopted.
There being no objection, the House advanced to the eighth order of business.
MOTION
On motion of Representative Mastin moved that the reading of the Journal of this day be dispensed with and that it be ordered to stand approved.
MESSAGE FROM THE SENATE
May 19, 1999
Mr. Speaker:
Under the provisions of Senate Concurrent Resolution No. 8417, the following House Bills were returned to the House of Representatives:
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1147,
ENGROSSED HOUSE BILL NO. 2300,
and the same are herewith transmitted.
Tony M. Cook, Secretary
RETURNED TO THE SENATE
Under the provisions of Senate Concurrent Resolution No. 8417, the following Senate Bills were returned to the Senate:
ENGROSSED SENATE BILL NO. 5819,
SENATE CONCURRENT RESOLUTION NO. 8409,
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Mastin, the House adjourned SINE DIE.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker
DEAN R. FOSTER, Chief Clerk FRANK CHOPP, Speaker
1004 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62, 65
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 66
1125 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53, 57
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 65
1147 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
2091 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 5
2247 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 65
2273 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 65
2294
0008X_XIntroduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62
2295
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5, 65
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2296
0008X_XIntroduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62
2297
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 5
2298
0008X_XIntroduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
2299
0008X_XIntroduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
2300
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
2301
0008X_XIntroduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
2302
0008X_XIntroduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
2303
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 5
2304
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4, 56
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53, 65
2305
0008X_XIntroduced, Held on First Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
2306
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
2307
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
2308
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
4705 Honoring Dean R. Foster
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
4708 Honoring Japanese Baptist Church
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
4710 Interim Procedures
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
5595 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5670
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64, 65
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62, 65
5819
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
8409
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
8416
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 67, 71
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 71
8417
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 67, 71
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66, 71
HOUSE OF REPRESENTATIVES (Speaker Ballard presiding)
Appointments: Legislative Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71
Cindy Zehnder Acceptance Speech. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Dean R. Foster, Remarks on Retirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71
Election of Co-Chief Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
SPEAKER OF THE HOUSE (Speaker Ballard presiding)
Speaker's Privilege, Dean R. Foster. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70