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FIRST DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, May 17, 1999
The Senate of the 1999 First Special Session of the Fifty-sixth Legislature of the state of Washington was called to order at 9:00 a.m. by Lieutenant Governor Brad Owen, President of the Senate. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Fairley and Finkbeiner. On motion of Senator Franklin, Senators Brown and Fairley were excused. On motion of Senator Hochstatter, Senator Finkbeiner was excused.
The Sergeant at Arms Color Guard consisting of Pages Michael Hawkins and Kerri Watts, presented the Colors. Reverend Anna Grace, pastor of the Unity Church of Olympia, offered the prayer.
PROCLAMATION BY THE GOVERNOR
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 1999 regular session on April 25, 1999, the 105th day of the session; and
WHEREAS, substantial work remains to be done with respect to education, including school safety, teacher testing, and professional teaching standards; and
WHEREAS, substantial work also remains to be done with respect to salmon recovery efforts, and a biennial transportation budget for the state was not passed;
NOW, THEREFORE, I, Gary Locke, Governor of the State of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in Special Session in the Capitol at Olympia at nine o'clock a.m. on Monday, May 17, 1999, for a period of not more than one week for the purpose of enacting legislation as described above.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the State of
Washington to be affixed at Olympia this thirtieth
day of April, A.D., nineteen hundred and ninety-nine.
GARY LOCKE
Governor of Washington
(SEAL)
BY THE GOVERNOR:
RALPH MUNRO
Secretary of State
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Brad Owen
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Dear President Owen:
We respectfully transmit for your consideration the following bills that have been partially vetoed by the Governor, together with the official veto message setting forth his objections to the sections or items of the bills, as required by Article III, section 12, of the Washington State Constitution:
SUBSTITUTE SENATE BILL NO. 5179,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5180,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5594.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of the State of Washington, this 17th day of
May, 1999.
RALPH MUNRO
(Seal) Secretary of State
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5179
May 10, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 903, Substitute Senate Bill No. 5179 entitled:
"AN ACT Relating to the authority of the parks and recreation commission;"
I am returning herewith without my approval as to section 903, Substitute Senate Bill 5179. Section 903 amends RCW 43.51.140 and chapter 156, section 2, Laws of 1982. This provision of law was recently amended by my signing of House Bill No. 1331. The language in section 903 does not correspond to the change made in House Bill No. 1331. To avoid conflicting statutory provisions, I am vetoing section 903.
For this reason, I have vetoed section 903 of Substitute Senate Bill No. 5179.
With the exception of section 903, Substitute Senate Bill No. 5179 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5180
May 14, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 124(3); 205(3)(b); 210(14); 502(10); and 722, Engrossed Substitute Senate Bill No. 5180 entitled:
"AN ACT Relating to fiscal matters;"
Engrossed Substitute Senate Bill No. 5180 is the state operating budget for the upcoming biennium. I disagree with some sections and have vetoed them for the following reasons:
Section 124 (3), page 15, Review of Ecology Policy and Guidelines (Office of the Attorney General)
This provision would require the state Attorney General to conduct a review of the policies, practices, and guidelines employed by the Department of Ecology in researching, analyzing, and issuing a certification under the authority of the federal Water Pollution Control Act for the proposed regional landfill in Pierce County. The findings of this review would be reported to the Legislature by December 1, 1999.
The Attorney General has asked for a veto of this subsection, citing the agency's statutory role as one of legal advice and representation, not performance audits or policy reviews. I agree that this provision is inconsistent with the principal role and mission of the Attorney General's Office.
Section 205 (3)(b), pages 43-44, Civil Commitment Legal Costs (Department of Social and Health Services—Mental Health Program, Civil Commitment Center)
This subsection would require that the Department of Social and Health Services (DSHS) implement strategies for limiting the average cost of civil commitment trials and annual court reviews. If the cost containment strategies were not effective, the DSHS would be directed to pay only 85 percent of allowable billed charges for all legal services except those provided by the Attorney General. There are several problems with this proviso. First, this limitation would not provide adequately for defense of sexually violent predators, increasing the chance of adverse court findings. Second, since the proviso would not apply to the Attorney General, it is expected that workload would be transferred from the county prosecutors to the Attorney General at a rate that would exceed what could be absorbed. Third, the proviso would place a responsibility for controlling costs on DSHS, while placing the sanction with the county prosecutors and defenders.
Section 210 (14), page 54, Chiropractic Services (Department of Social and Health Services—Medical Assistance Program)
This subsection would require that the Medical Assistance program provide, within existing funds, chiropractic services for all people qualifying for medical assistance services under chapter 74.09 RCW. No additional appropriation authority was included for these services. Without additional funds, the Medical Assistance program would have a $3.8 million General Fund-State shortfall to implement this proviso. I cannot support agency requirements of this magnitude that are clearly unfunded.
Section 502 (10), page 100, Increase in full-time equivalent student in basic education appropriation (Superintendent of Public Instruction—General Apportionment, Basic Education)
This subsection contains an error in the information on the percentage increase per full-time equivalent student used in the state basic education appropriation contained in this act. The correct percentage increase from the 1998-99 school year to the 1999-00 school year is 4.0 percent, not 7.0 percent as stated in the bill. This subsection is not essential for the correct apportionment of levy equalization funding to school districts, and is eliminated at the request of the Senate Ways and Means Committee chair to avoid confusion regarding the intent of the Legislature with regard to levy base calculations and equalization funding. I urge the Legislature to correct this technical error at its earliest opportunity.
Section 722, pages 155-156, Pension Advisory Committee (Department of Retirement Systems)
This section would create a Pension Advisory Committee in the Department of Retirement Systems (DRS) comprised of active and retiree members of the retirement system, representatives from local government, and the directors of DRS and the Office of Financial Management. The committee would be charged with making recommendations to the legislature's Joint Committee on Pension Policy (JCPP) on major pension priorities and goals for the next five to ten years, proposals to promote equity between state pension systems, and a prioritized list of proposed pension system changes. While I agree with the need to focus on these issues, this effort would duplicate the very similar work performed by the JCPP, and adequate funding was not provided to respond to the magnitude of the task.
Other Comments
Section 206(1)(b) provides $16 million in new funds to enhance developmental disabilities services. This section references the stakeholder work group that was created in statute to develop recommendations on future directions and strategies for service delivery improvement. I am directing the Department of Social and Health Services to implement this subsection giving significant consideration to the priorities that were established by the stakeholder work group in meetings over the past year. After the Department has developed its plan for the use of these new funds, it should present the plan to the stakeholder work group and consider any new advice the group might provide before making fund allocations from this subsection.
Section 222(2)(a) authorizes the Department of Corrections to expend up to $3.0 million to support county drug courts. I have concerns with this language because no additional funding was provided. I also recognize the value of, and support the concept of drug courts. Therefore, I am directing the Department of Corrections and the Department of Social and Health Services to work together to develop a plan to provide temporary funding in fiscal year 2000 for existing drug courts whose federal funds are lapsing. This plan will give the county drug courts one year to develop other funding sources to continue these valuable programs.
With the exception of sections 124(3); 205(3)(b); 210(14); 502(10); and 722, Engrossed Substitute Senate Bill No. 5180 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5594
May 3, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 106, 201 and 401, Engrossed Second Substitute Senate Bill No. 5594 entitled:
"AN ACT Relating to enhancing economic vitality;"
Engrossed Second Substitute Senate Bill No. 5594 is an omnibus rural economic development bill. Among other things it will provide the Community Economic Revitalization Board (CERB) with greater ability to fund new types of infrastructure projects; it will create the Rural Washington Loan Fund for making direct loans to business in eligible areas with federal money; and it will create a one-stop clearinghouse in the Department of Community, Trade and Economic Development (CTED) for farmworker housing.
Section 106 of the bill would require the joint legislative audit and review committee to conduct performance reviews of the program administered by CERB. JLARC is an entity controlled by the legislature, so it is unnecessary and unwise to dictate the work schedule of JLARC in statute. The legislature can authorize funding for such performance reviews any time it believes they are warranted.
Section 201 of the bill is identical to section 2 of Engrossed Senate Bill No. 5843 which I signed on April 28, 1999, and is unnecessary.
Section 401 of the bill would establish an ad hoc economic development group to analyze projects, make recommendations, and to promote economic development and business diversification. The membership of the group is unclear, and I have concerns about violation of the separation of powers doctrine. The group would be organized by the legislature, but have control over executive agencies. A process already exists in CTED for using a similar ad hoc groups. Additionally, I will be organizing an economic development sub-cabinet, chaired by my Chief of Staff, to provide greater input on projects of statewide significance.
For these reasons, I have vetoed sections 106, 201 and 401 of Engrossed Second Substitute Senate Bill No. 5594.
With the exception of sections 106, 201 and 401, Engrossed Second Substitute Senate Bill No. 5594 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Betti Sheldon, the partial veto messages on Substitute Senate Bill No. 5179, Engrossed Substitute Senate Bill No.
5180 and Engrossed Second Substitute Senate Bill No. 5594 were held at the desk.
MESSAGE FROM THE GOVERNOR
April 28, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on April 28, 1999, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 5021
Relating to the property taxation of nonprofit organizations providing demonstration farms with research and extension facilities, public agricultural museums, and educational tour sites.
Second Substitute Senate Bill No. 5102
Relating to distribution of the fire insurance premium tax to contribute toward the funding of fire fighting training and volunteer fire fighter pensions.
Senate Bill No. 5105
Relating to revising the definition of public water system to include systems providing water through constructed conveyances, in conformance with federal law.
Senate Bill No. 5122
Relating to the statute of limitations for the repayment or recoupment of industrial insurance benefits induced by claimant fraud.
Senate Bill No. 5233
Relating to civil service exemptions within the department of corrections.
Engrossed Substitute Senate Bill No. 5348
Relating to the membership and responsibilities of the state library commission.
Substitute Senate Bill No. 5352
Relating to terms of members of boundary review boards.
Senate Bill No. 5606
Relating to administrative appeals judges in the environmental hearings office.
Engrossed Second Substitute Senate Bill No. 5658
Relating to sea urchin and sea cucumber dive fishery licenses and revenues
Senate Bill No. 5702
Relating to physician assistant licensing and practice restrictions.
Engrossed Substitute Senate Bill No. 5712
Relating to motel liquor licenses.
Substitute Senate Bill No. 5746
Relating to the exemption for new and rehabilitated multiple-unit dwellings in urban centers.
Second Substitute Senate Bill No. 5766
Relating to the long-term care ombudsman program.
Senate Bill No. 5777
Relating to payment for denturist services.
Engrossed Senate Bill No. 5798
Relating to temporary assistance for needy families.
Senate Bill No. 5829
Relating to professional services.
Engrossed Senate Bill No. 5843
Relating to the housing finance commission.
Engrossed Substitute Senate Bill No. 5909
Relating to a worker retraining program.
Senate Bill No. 5986
Relating to duty connected death benefits under the law enforcement officers' and fire fighters' retirement system, plan 1.
Senate Bill No. 5987
Relating to the withdrawal of accumulated contributions under the law enforcement officers' and fire fighters' retirement system.
Substitute Senate Bill No. 6009
Relating to nonphoto identification cards for disabled parking.
Senate Bill No. 6019
Relating to crop credit associations.
Engrossed Substitute Senate Bill No. 6020
Relating to recording of social security numbers on applications for licenses to assist in child support enforcement.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
April 28, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on April 27, 1999, Governor Locke approved the following Senate Bill entitled:
Substitute Senate Bill No. 5729
Relating to standards for location of certain solid waste landfills.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 4, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 4, 1999, Governor Locke approved the following Senate Bill entitled:
Second Substitute Senate Bill No. 5452
Relating to funding for regional convention, conference, or special events centers.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 5, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 5, 1999, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 5040
Relating to boilers and unfired pressure vessels.
Second Substitute Senate Bill No. 5108
Relating to missing and exploited children.
Substitute Senate Bill No. 5134
Relating to full faith and credit for foreign protection orders.
Substitute Senate Bill No. 5147
Relating to payment of industrial insurance awards after death.
Engrossed Substitute Senate Bill No. 5175
Relating to the donation of surplus computers and computer-related equipment to school districts in Washington and educational service districts in Washington.
Substitute Senate Bill No. 5213
Relating to record checks of private school educational employees.
Substitute Senate Bill No. 5214
Relating to detention of minors who illegally possess firearms on school facilities.
Substitute Senate Bill No. 5279
Relating to placement of children in mental health care by the department of social and health services.
Substitute Senate Bill No. 5304
Relating to penalties imposed for violations of the state liquor code.
Senate Bill No. 5499
Relating to in-home care agency licensure.
Substitute Senate Bill No. 5671
Relating to anarchy and sabotage.
Engrossed Senate Bill No. 5720
Relating to real estate research.
Engrossed Senate Bill No. 5897
Relating to the sale of export cigarettes.
Senate Bill No. 5911
Relating to school director positions, residency, and vacancies.
Senate Bill No. 6025
Relating to purchases for resale by institutions of higher education.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 6, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 6, 1999, Governor Locke approved the following Senate Bills entitled:
Engrossed Second Substitute Senate Bill No. 5421
Relating to the supervision of offenders in the community.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 7, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 7, 1999, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 5005
Relating to highway information signs.
Substitute Senate Bill No. 5011
Relating to dangerous mentally ill offenders.
Substitute Senate Bill No. 5064
Relating to confidentiality of certain public transportation information.
Substitute Senate Bill No. 5153
Relating to the freight mobility strategic investment board.
Second Substitute Senate Bill No. 5171
Relating to Washington state patrol employment agreements.
Substitute Senate Bill No. 5273
Relating to a scenic byways designation program.
Senate Bill No. 5384
Relating to studded tires.
Engrossed Substitute Senate Bill No. 5661
Relating to leasehold excise tax clarification and administrative simplification.
Substitute Senate Bill No. 5745
Relating to reducing the tax on bingo and raffles.
Substitute Senate Bill No. 6052
Relating to funding hunter safety programs.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 11, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 10, 1999, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 5020
Relating to recreational licenses.
Substitute Senate Bill No. 5029
Relating to membership in the public employees' retirement system.
Engrossed Senate Bill No. 5036
Relating to superior court judges.
Senate Bill No. 5095
Relating to public corporations.
Senate Bill No. 5125
Relating to the duties of the commission on pesticide registration.
Substitute Senate Bill No. 5154
Relating to limiting the liability of electric utilities for efforts undertaken to protect their facilities from damage that might be caused by vegetation.
Substitute Senate Bill No. 5219
Relating to annexations by less than county-wide port districts in areas having no registered voters.
Engrossed Substitute Senate Bill No. 5290
Relating to the freshwater aquatic weeds management program.
Senate Bill No. 5307
Relating to the reclamation of surface disturbances caused by underground mining.
Engrossed Senate Bill No. 5371
Relating to intercity passenger rail service.
Senate Bill No. 5385
Relating to dissolution of cultural arts, stadium and convention districts.
Engrossed Substitute Senate Bill No. 5424
Relating to aquatic plant management.
Senate Bill No. 5502
Relating to a salary survey report by the marine employees' commission.
Second Substitute Senate Bill No. 5536
Relating to state forest lands and municipal drinking water protection.
Substitute Senate Bill No. 5638
Relating to making corrections to the fish and wildlife enforcement code.
Substitute Senate Bill No. 5640
Relating to elections.
Senate Bill No. 5643
Relating to the state voters' pamphlet.
Senate Bill No. 5731
Relating to municipal offficers' interest in contracts.
Engrossed Substitute Senate Bill No. 5803
Relating to dairy nutrients.
Second Substitute Senate Bill No. 5821
Relating to professional designers of on-site wastewater treatment systems.
Substitute Senate Bill No. 5828
Relating to the Washington gift of life award.
Substitute Senate Bill No. 6012
Relating to a monthly unit valuation for certain portfolios and funds managed by the state investment board.
Senate Bill No. 6065
Relating to providing an excise tax exemption for property owned, operated, or controlled by a public corporation if the property is used as a public esplanade, street, public way, public open space, park, public utility corridor, or view corridor.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 12, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 12, 1999, Governor Locke approved the following Senate Bills entitled:
Engrossed Second Substitute Senate Bill No. 5345
Relating to the Washington state school district credit enhancement program.
Senate Bill No. 5358
Relating to eliminating motorcycle handle bar height restrictions.
Senate Bill No. 5374
Relating to corrective amendments to certain drivers' licensing statues.
Senate Bill No. 5382
Relating to the Scenic Vistas Act.
Substitute Senate Bill No. 5666
Relating to acquisition of vehicles and parts by vehicle wreckers.
Substitute Senate Bill No. 5706
Relating to the decriminalization of license fraud violations and establishing a license fraud task force in the Washington state patrol.
Substitute Senate Bill No. 6090
Relating to funding management of agricultural college lands.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 13, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 13, 1999, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 5255
Relating to the Washington conservation corps.
Substitute Senate Bill No. 5364
Relating to the administration and designation of liquor licenses.
Substitute Senate Bill No. 5553
Relating to professional athletics licensing, health, and safety standards.
Substitute Senate Bill No. 5672
Relating to retaliatory action against a whistleblower.
Substitute Senate Bill No. 5728
Relating to proposed bond issues.
Engrossed Senate Bill No. 5789
Relating to the governance of the K-20 telecommunications network.
Senate Bill No. 5837
Relating to membership in the public employees' retirement system for the chief administrative officer of a public utility district, port district, or a county.
Engrossed Senate Bill No. 5962
Relating to the promotion of electronic commerce through digital signatures.
Substitute Senate Bill No. 6063
Relating to the authority of the state investment board to invest and reinvest moneys in the emergency reserve fund.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
May 14, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 14, 1999, Governor Locke approved the following Senate Bills entitled:
Engrossed Senate Bill No. 5109
Relating to immunity for school districts that make their facilities available to certain private nonprofit groups serving youth.
Substitute Senate Bill No. 5298
Relating to local effort assistance.
Substitute Senate Bill No. 5399
Relating to traffic offenses.
Substitute Senate Bill No. 5513
Relating to execution witnesses.
Substitute Senate Bill No. 5626
Relating to medicaid reimbursement payments to school districts.
Substitute Senate Bill No. 5864
Relating to allowing residents of long-term care facilities to return to their home.
Engrossed Substitute Senate Bill No. 5988
Relating to revising judicial truancy provisions.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
April 23, 1999
TO THE HONORABLE, THE SENATE
OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation:
Gerald L. Morgen, appointed May 10, 1999, for a term ending July 26, 2001, as a member of the Personnel Appeals Board.
Sincerely
GARY LOCKE, Governor
Referred to Committee on Labor and Workforce Development.
INTRODUCTION AND FIRST READING
SB 6108 by Senator Snyder
AN ACT Relating to the relationship between endangered species, growth management, and the shorelines of the state; amending RCW 90.58.060, 36.70A.480, and 75.46.050; adding new sections to chapter 90.58 RCW; adding new sections to chapter 36.70A RCW; and creating new sections.
Referred to Committee on Environmental Quality and Water Resources.
SB 6109 by Senators McAuliffe, Eide, Kohl-Welles, Prentice, Costa, Goings, Rasmussen, Franklin, Wojahn, Gardner, Hargrove, Thibaudeau, B. Sheldon and Kline
AN ACT Relating to funding school safety programs; creating a new section; making appropriations; providing an effective date; and declaring an emergency.
HOLD.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 6109 was held at the desk.
MOTION
At 9:10 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 11:35 a.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 1999-8687
By Senator B. Sheldon
WHEREAS, A team of seven Kitsap students recently outperformed seven other teams from around the state to take first place in the annual Washington State Odyssey of the Mind vehicular problem competition; and
WHEREAS, The Kitsap team will participate in the world finals of the International Odyssey of the Mind contest at the University of Tennessee in Knoxville later this month; and
WHEREAS, This competition encourages young people to work together to creatively solve problems; and
WHEREAS, The seven member Kitsap team's construction of a multi-propulsion vehicle able to leap over a three-foot high "mountain" demonstrated excellent teamwork, skills and creativity; and
WHEREAS, The aforementioned mechanical contraption dubbed Mr. Mouth was also able to turn pages on a calendar triggering skits performed by the students in celebration of national holidays from around the world, such as Cinco de Mayo and the Italian New Year; and
WHEREAS, These skits were accompanied by music created and performed by the Kitsap students; and
WHEREAS, It has long been a tradition of the Senate to recognize outstanding student achievement, creativity and teamwork;
NOW, THEREFORE BE IT RESOLVED, That the members of the Washington State Senate do hereby applaud the exceptional efforts and accomplishments of Ben Anderson, Annie Atkinson, Ryan Bressler, Jonathan England, Charli Hancock, all of North Kitsap High School, and Rachel Down and Laura Johnson of Bainbridge High School; and Claudia Rengstorf, curriculum specialist at Central Kitsap School District; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Ms. Rengstorf and the seven members of the Kitsap team headed for the Odyssey of the Mind finals in Tennessee.
Senators Betti Sheldon and McAuliffe spoke to Senate Resolution 1999-8687.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the State Odyssey of the Mind winners, who were seated in the gallery.
MOTION
On motion of Senator Fraser, the following resolution was adopted:
SENATE RESOLUTION 1999-8686
By Senators Fraser, Kohl-Welles, McAuliffe, Shin, Rasmussen, Loveland, Winsley, Gardner, Haugen, Franklin, Hale, Heavey, B. Sheldon, Eide, Kline, Bauer, Snyder, Spanel, Swecker, Wojahn, Goings, T. Sheldon, Thibaudeau, Costa, Oke, Hochstatter, Sellar, Morton, Deccio and Jacobsen
WHEREAS, Washington State is the most trade-dependent state in the nation; and
WHEREAS, International Trade is a vital and growing component of Washington’s economy; and
WHEREAS, International trade generates over 700,000 jobs, millions of dollars in revenue, and a strong tax base for Washington State; and
WHEREAS, Exports account for twenty-four percent of Washington’s gross state product, which accounted for more than forty-one billion dollars in 1998; and
WHEREAS, The World Trade Organization is the sole world body for overseeing multilateral agreements to reduce trade barriers among nations; and
WHEREAS, Seattle, Washington, will host the one hundred thirty-four member countries and thirty-four observer nations of the World Trade Organization’s Ministerial Conference, November 30 through December 3, 1999; and
WHEREAS, This global trade event will be the largest meeting of the world’s ministers of trade ever held in the United States; and
WHEREAS, The World Trade Organization plays a vital role in promoting international trade, helping it to flow as freely as possible, serving as a forum for trade negotiations, and resolving disputes; and
WHEREAS, The value of international trade to Washington State businesses and workers clearly indicates the demand for an open and supportive environment in which trade can flow freely; and
WHEREAS, This is an historic opportunity for Washington State to show leadership in supporting and developing the international trade agenda for the next century;
NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate recognize the vital importance the World Trade Organization has on our economy, our workforce and our international trade; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate transmit a copy of this resolution to the World Trade Organization.
Senators Fraser and Shin spoke to Senate Resolution 1999-8686.
MOTION
At 11:44 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 8:58 p.m by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the seventh order of business.
THIRD READING
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595, by Senate Committee on Ways and Means (originally sponsored by Senators Jacobsen and Fraser)
Establishing the salmon recovery funding board.
MOTION
On motion of Senator Snyder, the rules were suspended and Engrossed Second Substitute Senate Bill No. 5595 was returned to second reading and read the second time.
MOTION
Senator Jacobsen moved that the following striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 75.46.005 and 1998 c 246 s 1 are each amended to read as follows:
The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.
The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government, and that the state may best accomplish this objective by integrating local and regional recovery activities into a state-wide plan that can make the most effective use of provisions of federal laws allowing for a state lead in salmon recovery. The legislature also finds that a state-wide salmon recovery plan must be developed and implemented through an active public involvement process in order to ensure public participation in, and support for, salmon recovery. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks.
The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.
The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is important to monitor salmon habitat projects and salmon recovery activities to determine their effectiveness in order to secure federal acceptance of the state's approach to salmon recovery. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring process should be developed.
The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science ((team)) panel is needed to provide scientific review and oversight; a coordinated state funding process should be established through a salmon recovery funding board; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat ((restoration)) projects to be funded by state agencies; habitat ((restoration)) projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.
Sec. 2. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.
(2) "Board" means the salmon recovery funding board created in section 3 of this act.
(3) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.
(((3))) (4) "Habitat project list" is the list of habitat projects resulting from the critical pathways methodology under RCW 75.46.070(2) that shall receive consideration for funding by the salmon recovery funding board. Each project on the list must have a written agreement from the landowner on whose land the project will be implemented, and must be based on the limiting factors analysis conducted in RCW 75.46.070.
(5) "Habitat projects" or "projects" include but are not limited to habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat projects that improve streamflows, habitat-related mitigation projects, and habitat project corrective maintenance and monitoring activities. Projects that include use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.
(((4))) (6) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.
(((5))) (7) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. ((These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.
(6))) (8) "Listed stocks" means salmon and trout stocks that are listed or proposed for listing as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.
(9) "Project sponsor" is a county, city, special district, tribal government, state agency, federal agency, a combination of such governments through interlocal or interagency agreement((s provided under chapter 39.34 RCW)), a nonprofit organization, or one or more private citizens.
(((7))) (10) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production except for Atlantic salmon.
(((8))) (11) "Salmon recovery activities" or "activities" includes but is not limited to habitat protection or restoration activities by local governments, other public entities, and private entities. The activities must have as a principal purpose the protection and restoration of salmonid populations. "Activities" may include: Preparation of stream corridor guidelines, programmatic permitting, and preparation of geographic information system protocols. "Activities" do not include updates related to the growth management act.
(12) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.
(((9))) (13) "Interagency team" or "team" means the interagency review team created in RCW 75.46.080.
(14) "Tribe" or "tribes" means federally recognized Indian tribes.
(((10))) (15) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.
(((11))) (16) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.
(17) "SASSI" means the salmon and steelhead stock inventory report and appendices.
(18) "SSHIAP" means the salmon and steelhead habitat inventory and assessment project.
(19) "Technical review team" means the salmon recovery technical review team created in section 7 of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 75.46 RCW to read as follows:
(1) The salmon recovery funding board is created consisting of ten members.
(2) Five members of the board shall be voting members who are appointed by the governor, subject to confirmation by the senate. One of these voting members shall be a cabinet-level appointment as the governor's representative to the board. Board members who represent the general public shall not have a financial or regulatory interest in salmon recovery. The governor shall appoint one of the general public members of the board as the chair. The voting members of the board shall be appointed for terms of four years, except that two members initially shall be appointed for terms of two years and three members shall initially be appointed for terms of three years. In making the appointments, the governor shall seek a board membership that collectively provide the expertise necessary to provide strong fiscal oversight of salmon recovery expenditures, and that provide extensive knowledge of local government processes and functions and an understanding of issues relevant to salmon recovery in Washington state. The governor shall appoint at least three of the voting members of the board no later than ninety days after the effective date of this section. Vacant positions on the board shall be filled in the same manner as the original appointments. The governor may remove members of the board for good cause.
In addition to the five voting members of the board, the following five state officials shall serve as ex officio nonvoting members of the board: The director of the department of fish and wildlife, the executive director of the conservation commission, the secretary of transportation, the director of the department of ecology, and the commissioner of public lands. The state officials serving in an ex officio capacity may designate a representative of their respective agencies to serve on the board in their behalf. Such designations shall be made in writing and in such manner as is specified by the board.
(3) Staff support to the board shall be provided by the interagency committee for outdoor recreation. For administrative purposes, the board shall be located with the interagency committee for outdoor recreation.
(4) Members of the board who do not represent state agencies shall be compensated as provided by RCW 43.03.250. Members of the board shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 4. A new section is added to chapter 75.46 RCW to read as follows:
(1) The board is responsible for making grants and loans for salmon habitat projects and salmon recovery activities from the amounts appropriated to the board for this purpose. To accomplish this purpose the board may:
(a) Provide assistance to grant applicants regarding the procedures and criteria for grant and loan awards;
(b) Make and execute all manner of contracts and agreements with public and private parties as the board deems necessary, consistent with the purposes of this chapter;
(c) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms that are not in conflict with this chapter;
(d) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and
(e) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
(2) The interagency committee for outdoor recreation shall provide all necessary grants and loans administration assistance to the board, and shall distribute funds as provided by the board in section 5 of this act.
NEW SECTION. Sec. 5. A new section is added to chapter 75.46 RCW to read as follows:
(1) The board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a state-wide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.
(2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:
(i) Are based upon the limiting factors analysis identified under RCW 75.46.070;
(ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;
(iii) Will benefit listed species and other fish species; and
(iv) Will preserve high quality salmonid habitat.
(b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding; and
(iii) Will be implemented by a sponsor with a successful record of project implementation.
(3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.
(4) For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.
(5) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 75.46.070, it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.
(6) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 75.46.060, the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding.
(7) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.
NEW SECTION. Sec. 6. A new section is added to chapter 75.46 RCW to read as follows:
(1) Habitat project lists shall be submitted to the salmon recovery funding board for funding by January 1st and July 1st of each year beginning in 2000. The board shall provide the legislature with a list of the proposed projects and a list of the projects funded by October 1st of each year beginning in 2000 for informational purposes.
(2) The interagency committee for outdoor recreation shall track all funds allocated for salmon habitat projects and salmon recovery activities on behalf of the board, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement.
(3) Beginning in December 2000, the board shall provide a biennial report to the governor and the legislature on salmon recovery expenditures. This report shall be coordinated with the state of the salmon report required under RCW 75.46.030.
NEW SECTION. Sec. 7. A new section is added to chapter 75.46 RCW to read as follows:
(1) The salmon recovery technical review team is created. The technical review team is composed of no less than five members selected by the director of fish and wildlife. The director shall ensure that lead scientists representing state, tribal, federal, and local government interests are represented on the technical review team, and may include members representing the private sector. Members of the technical review team shall have an educational and professional scientific background in salmonids, salmonid habitat, or related fields. The members of the technical review team shall not serve any fixed term. The numbers of members of the technical review team may be increased or decreased depending on the need for scientific expertise, but the technical review team must always consist of at least five members. Administrative support for the technical review team is provided by the department of fish and wildlife. Assignments and direction to the technical review team shall be made by the chair of the technical review team. The chair of the technical review team shall be designated by the members of the team.
(2) The technical review team is responsible for assisting the board by screening projects on the habitat project list submitted by a lead entity under RCW 75.46.060. This screening process includes assisting the board in assessing the technical capacity at the local and regional level to plan and implement successful salmon habitat projects, and determining whether the critical pathways methodology under RCW 75.46.070 has been complied with in the development and ranking of projects on the habitat project list. The technical review team shall review and rank the projects submitted from across the state for funding, organize pertinent information, and provide the board with its findings. The technical review team shall make an active effort to communicate the criteria for reviewing and ranking projects with the lead entities. The technical review team shall make information available to lead entities regarding deficiencies in projects that result in their low ranking in the review process. The technical review team may not remove a project from a habitat project list.
(3) The technical review team is also responsible for working in conjunction with the independent science panel to develop standardized monitoring indicators and data quality guidelines for habitat projects and salmon recovery activities across the state, and for recommending criteria for the systematic and periodic evaluation of monitoring data to help ensure the effectiveness of the state's salmon recovery efforts.
Sec. 8. RCW 75.46.040 and 1998 c 246 s 5 are each amended to read as follows:
(1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development of salmon recovery plans for evolutionarily significant units, and submit those plans to the appropriate tribal governments and federal agencies ((in response to the federal endangered species act)) as an integral part of a state-wide strategy developed consistent with the guiding principles and procedures under section 9 of this act. The governor's salmon recovery office may also:
(a) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's endangered species act salmon recovery plans; and
(b) Provide the biennial state of the salmon report to the legislature pursuant to RCW 75.46.030.
(2) This section expires June 30, 2006.
NEW SECTION. Sec. 9. A new section is added to chapter 75.46 RCW to read as follows:
(1) By September 1, 1999, the governor, with the assistance of the salmon recovery office, shall submit a state-wide salmon recovery strategy to the appropriate federal agencies administering the federal endangered species act.
(2) The governor and the salmon recovery office shall be guided by the following considerations in developing the strategy:
(a) The strategy should identify state-wide initiatives and responsibilities with regional and local watershed initiatives as the principal mechanism for implementing the strategy;
(b) The strategy should emphasize collaborative, incentive-based approaches;
(c) The strategy should address all factors limiting the recovery of Washington's listed salmon stocks, including habitat and water quality degradation, harvest and hatchery management, inadequate streamflows, and other barriers to fish passage. Where other limiting factors are beyond the state's jurisdictional authorities to respond to, such as some natural predators and high seas fishing, the strategy shall include the state's requests for federal action to effectively address these factors;
(d) The strategy should identify immediate actions necessary to prevent extinction of a listed salmon stock, establish performance measures to determine if restoration efforts are working, recommend effective monitoring and data management, and recommend to the legislature clear and certain measures to be implemented if performance goals are not met;
(e) The strategy shall rely on the best scientific information available and provide for incorporation of new information as it is obtained;
(f) The strategy should seek a fair allocation of the burdens and costs upon economic and social sectors of the state whose activities may contribute to limiting the recovery of salmon; and
(g) The strategy should seek clear measures and procedures from the appropriate federal agencies for removing Washington's salmon stocks from listing under the federal act.
(3) Beginning on September 1, 2000, the strategy shall be updated through an active public involvement process, including early and meaningful opportunity for public comment. In obtaining public comment, the salmon recovery office shall hold public meetings throughout the state and shall encourage regional and local recovery planning efforts to similarly ensure an active public involvement process.
(4) This section shall apply prospectively only and not retroactively. Nothing in this section shall be construed to invalidate actions taken in recovery planning at the local, regional, or state level prior to the effective date of this section.
Sec. 10. RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows:
(1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.
(2) The speaker of the house of representatives and the majority leader in the senate ((shall)) may each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.
(3) The members of the independent science panel shall serve four-year terms. Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. The independent science panel members shall elect the chair of the panel among themselves every two years. ((The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.)) Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW.
(4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science ((review)) panel does not have the authority to review individual projects or habitat project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 or to make policy decisions. The panel shall periodically submit its findings and recommendations under this subsection to the legislature and the governor.
(5) The independent science panel ((shall submit its findings to the legislature and the governor)), in conjunction with the technical review team, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in habitat projects and salmon recovery activities across the state.
(6) The independent science panel, in conjunction with the technical review team, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts.
(7) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel and the technical review team. The report may be included in the biennial state of the salmon report required under RCW 75.46.030.
Sec. 11. RCW 75.46.060 and 1998 c 246 s 7 are each amended to read as follows:
(1)(a) Counties, cities, and tribal governments must jointly designate, by ((official)) resolution or by letters of support, the area for which a habitat ((restoration)) project list is to be developed and the lead entity that is to be responsible for submitting the habitat ((restoration)) project list. No project included on a habitat ((restoration)) project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, or other entity.
(b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other ((restoration)) habitat interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat ((restoration)). The ((interagency)) technical review team may provide the lead entity with organizational models that may be used in establishing the committees.
(c) The committee shall compile a list of habitat ((restoration)) projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat ((restoration)) project list. The committee shall also identify potential federal, state, local, and private funding sources.
(2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, ((an evolutionarily significant unit,)) or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.
(3) The lead entity shall submit the habitat project list to the technical review team in accordance with procedures adopted by the board.
Sec. 12. RCW 75.46.070 and 1998 c 246 s 8 are each amended to read as follows:
(1) Critical pathways methodology shall be used to develop a habitat project list and a habitat work schedule that ensures salmon ((restoration activities)) habitat projects will be prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon.
(2) The critical pathways methodology shall:
(a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;
(b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task;
(c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task; ((and))
(d) Include a review of monitoring data, evaluate project performance, and make recommendations to the committee established under RCW 75.46.060 and to the technical review team. The technical advisory group has responsibility for this task; and
(e) Describe the adaptive management strategy that will be used. The committee established under RCW 75.46.060 shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task.
(3) The habitat work ((list)) schedule shall include all projects developed pursuant to subsection (2) of this section ((as well as)), and shall identify and coordinate with any other salmon habitat ((restoration)) project implemented in the region, including habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs. The habitat work ((list)) schedule shall also include the start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species of each project. Each schedule shall be updated on an annual basis to depict new activities.
NEW SECTION. Sec. 13. A new section is added to chapter 75.46 RCW to read as follows:
State salmon monitoring data provided by lead entities, regional fisheries enhancement groups, and others shall be included in the data base of SASSI and SSHIAP. Information pertaining to habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs related to salmon habitat shall be included in the SSHIAP data base.
Sec. 14. RCW 75.46.100 and 1998 c 246 s 11 are each amended to read as follows:
The sea grant program at the University of Washington is authorized to provide technical assistance to volunteer groups and other project sponsors in designing and ((performing)) implementing habitat ((restoration)) projects that address the limiting factors analysis ((of regional habitat work plans)) required under RCW 75.46.070. The cost for such assistance may be covered on a fee-for-service basis.
Sec. 15. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:
(1) Representatives from the conservation commission, the department of transportation, the department of natural resources, the department of ecology, and the department of fish and wildlife shall establish an interagency review team. ((Except as provided in subsection (6) of this section,)) Habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year ((beginning in 1999)). The purpose of the team is to assist the salmon recovery funding board in developing procedures and standards for state-wide funding allocation, and to assist the board in reviewing funding applications to identify the highest priority projects and activities for funding.
(2) ((If no lead entity has been formed under RCW 75.46.060, the interagency review team shall rank, prioritize, and dispense funds for habitat restoration projects by giving preference to the projects that:
(a) Provide a greater benefit to salmon recovery;
(b) Will be implemented in a more critical area;
(c) Are the most cost-effective;
(d) Have the greatest matched, or in-kind funding; and
(e) Will be implemented by a sponsor with a successful record of project implementation.
(3))) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate habitat project lists ((and may remove, but not add, projects from a habitat project list.
(4) The interagency review team shall provide a summary of funding for habitat restoration project lists to the governor and to the legislature by December 1st of each year)) developed pursuant to RCW 75.46.060 and submitted to the board for consideration for funding. The team shall advise the board on whether the list for the area complies with the list development procedures and critical path methodology provided by RCW 75.46.060 and 75.46.070. When the board determines the list to comply with those requirements it shall accord substantial weight to the list's project priorities when making determinations among applications for funding of projects and activities within the area covered by the list. Projects that include use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.
(((5))) (3) The ((interagency review team)) board may annually establish a maximum amount of funding available for any individual project, subject to available funding. ((The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.
(6) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2).
(7))) (4) Where a lead entity has been established pursuant to RCW 75.46.060, the ((interagency review team)) board may provide ((block)) grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding.
(5) The interagency review team shall review, rank, and approve projects submitted for funding until January 1, 2000.
(6) This section expires July 1, 2000.
NEW SECTION. Sec. 16. A new section is added to chapter 75.46 RCW to read as follows:
The salmon recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for salmon recovery.
NEW SECTION. Sec. 17. A new section is added to Title 79A RCW to read as follows:
The interagency committee for outdoor recreation shall provide necessary grants and loan administration support to the salmon recovery funding board as provided in section 4 of this act. The committee shall also be responsible for tracking salmon recovery expenditures under section 6 of this act. The committee shall provide all necessary administrative support to the board, and the board shall be located with the committee. The committee shall coordinate its activities under this section with the salmon recovery technical review team created in section 7 of this act and provide necessary information to the salmon recovery office.
Sec. 18. RCW 76.12.110 and 1998 c 347 s 55 are each amended to read as follows:
There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department.
Appropriations may be made by the legislature from the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state forest lands. ((For the 1997-99 fiscal biennium, moneys from the account shall be distributed as directed in the omnibus appropriations act to the beneficiaries of the revenues derived from state forest lands. Funds that accrue to the state from such a distribution shall be deposited into the salmon recovery account, hereby created in the state treasury. Funds appropriated from the salmon recovery account shall be used for efforts to restore endangered anadromous fish stocks.))
Sec. 19. 1999 c 309 s 114 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ ((5,762,000))
5,700,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((5,720,000))
5,657,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 674,000
Water Quality Account--State Appropriation. . . .. . . . . . . .$ 700,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((12,856,000))
12,731,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,612,000 of the general fund--state appropriation for fiscal year 2000, $1,588,000 of the general fund--state appropriation for fiscal year 2001, $700,000 of the water quality account appropriation, and $209,000 of the general fund--federal appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items PSAT-01 through PSAT-05.
(2) $465,000 of the general fund--federal appropriation and $200,000 of the general fund--state appropriation are provided solely for the salmon recovery office to meet its responsibilities for the state-wide salmon recovery strategy. Of this amount: (a) $200,000 of the general fund--state appropriation is provided for the operation of the independent science panel; and (b) $465,000 of the general fund--federal appropriation is provided for the salmon recovery office staff to support local salmon recovery planning efforts. $232,500 of the general fund--federal appropriation in this subsection 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.
(((3) $62,000 of the fiscal year 2000 general fund--state appropriation and $63,000 of the fiscal year 2001 general fund--state appropriation are provided solely to implement Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079, establishing the salmon recovery funding board in the office of the governor. If legislation establishing the board is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.))
Sec. 20. 1999 c 309 s 129 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ ((12,791,000))
12,716,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((11,855,000))
11,780,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 23,340,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 500,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((48,486,000))
48,336,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $50,000 of the general fund--state appropriation for fiscal year 2000 is provided solely to evaluate and promote the use by state and local agencies of the training facilities at the Hanford reservation.
(2) Funding in this section provides for a feasibility study to collect Washington enrollment data on distance learning programs sponsored by in-state and out-of-state private institutions in cooperation with the higher education coordinating board and the state board for community and technical colleges. Findings shall be submitted to the appropriate committees of the legislature by January 2000.
(3) (($75,000 of the fiscal year 2000 general fund--state appropriation and $75,000 of the fiscal year 2001 general fund--state appropriation are provided solely to track and administer state and federal funding for salmon recovery allocated by the salmon recovery funding board established under Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079.
(4))) The office of financial management, in collaboration with the institutions of higher education, the higher education coordinating board, and the state board for community and technical colleges, shall modify state information systems in order to provide consistent data on students engaged in distance learning. Higher education institutions shall provide enrollment information in support of this effort. Reporting on the numbers and categories of students enrolled in distance learning by class level and institutions shall begin by fall term, 2000. Washington independent institutions of higher education are encouraged to participate in this process and to provide distance learner enrollment data.
(((5))) (4) $1,000,000 of the general fund--state appropriation and $500,000 of the general fund--private/local appropriation are provided solely for the commission on early learning. One-half of the amount provided from the general fund--state shall not be expended unless matched by an equal amount from private sources.
Sec. 21. 1999 c 309 s 304 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 137,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 138,000
Firearms Range Account--State Appropriation. . . . . . . . . .$ 34,000
Recreation Resources Account--State Appropriation. . . . . .$ 2,370,000
Recreation Resources Account--Federal Appropriation. . . .$ 11,000
NOVA Program Account--State Appropriation. .. . . . . . . .$ 604,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((3,019,000))
3,294,000
The appropriations in this section are subject to the following condition and limitation: $137,000 of the fiscal year 2000 general fund--state appropriation and $138,000 of the fiscal year 2001 general fund--state appropriation are provided solely to implement Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079 (salmon recovery). If legislation establishing the board is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
NEW SECTION. Sec. 22. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Salmon Recovery Grants Program (00-2-001)
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire $119,928,000 appropriation is provided solely to the salmon recovery funding board to provide grants to local governments, state agencies, tribes, conservation districts, private landowners, and nonprofit entities for salmon recovery activities pursuant to chapter . . . (House Bill No. 2079), Laws of 1999 sp. sess. or chapter . . . (Senate Bill No. 5595), Laws of 1999 sp. sess. If neither chapter . . . (House Bill No. 2079), Laws of 1999 sp. sess. nor chapter . . . (Senate Bill No. 5595), Laws of 1999 are enacted by June 30, 1999, the amount provided in this section shall lapse.
(2) Up to $19,650,000 of the general fund--federal appropriation is provided for grants to local governments for salmon recovery in accordance with a grant from the department of interior, United States fish and wildlife service received in December 1998.
(3) $6,200,000 of the state building construction account, $14,380,000 of the salmon recovery account, and $55,238,000 of the general fund--federal appropriation shall be distributed by the salmon recovery funding board within the following categories:
(a) A minimum of twenty-four percent shall be provided for fish passage barrier correction and fish screens to protect fish;
(b) A minimum of thirty-eight percent shall be provided for habitat projects;
(c) A minimum of thirty-eight percent shall be provided to purchase riparian easements to restore and to protect environmentally sensitive land in riparian areas to protect water quality and improve salmon and steelhead habitat. The salmon recovery funding board shall adopt rules for the implementation of this subsection consistent with the requirements of the conservation reserve enhancement program, except the eligibility is not limited to agricultural lands and contracts may exceed fifteen years in duration. It is the intent of the legislature that this appropriation will be used primarily for landowners that do not qualify for the federal conservation reserve enhancement program. The appropriation in this subsection shall not be used for fee simple land acquisition.
(4) $9,930,000 of the salmon recovery account appropriation is provided solely for planning and engineering activities. The appropriation in this subsection shall be distributed as follows:
(a) $2,100,000 shall be available for grants to cities and counties for the protection of critical areas using nonregulatory programs;
(b) $500,000 for the southwest Washington salmon recovery region;
(c) $1,500,000 for the people for salmon nonprofit organization;
(d) $830,000 for conservation district activities to implement the Puget Sound plan;
(e) $1,000,000 for monitoring salmon restoration projects and activities;
(f) $400,000 for technical assistance to landowners to implement the natural resources conservation service field office technical guide standards;
(g) $800,000 for the development of stream corridor guidelines for salmon recovery and habitat restoration;
(h) $1,100,000 for contracted engineering services for habitat projects; and
(i) $1,700,000 for salmonid screening, habitat enhancement, and restoration program.
(5) $6,530,000 of the salmon recovery account and up to $8,000,000 the general fund--federal appropriation is provided for salmon recovery efforts. The appropriation in this subsection shall be distributed as follows:
(a) $50,000 of the salmon recovery account is for developing selective harvesting techniques and equipment;
(b) $150,000 of the salmon recovery account is for developing and implementing methods for reducing the by-catch of salmon and other endangered or threatened species;
(c) $6,330,000 of the salmon recovery account is for the jobs for the environment program; and
(d) Up to $8,000,000 of the general fund--federal appropriation is for commercial license buy-back.
(i) If federal grants for salmon recovery efforts are equal to or less than $50,000,000 during the 1999-01 fiscal biennium, then $4,000,000 may be expended for the purpose of this subsection.
(ii) If federal grants for salmon recovery efforts are more than $50,000,000 during the 1999-01 fiscal biennium, then up to $8,000,000 may be expended for the purposes of this subsection.
(iii) The amount in this subsection is provided solely to buy back commercial licenses for Washington-based commercial salmon fishers who fish in Washington or Alaska and who directly target or incidentally catch a threatened or endangered salmon species. Any expenditure from the amount in this subsection used in connection with a license buy-back program in another state must be matched by an equal amount of non-Washington state sources. Washington-based Alaska trollers'
licenses may be bought back only if the state or states buying the license affirms that at least seventy-five percent of the seller's historic catch is allowed to pass through Alaskan waters. The amount in this subsection may also be used as grants for programs that combine license buy-back with programs that facilitate the funding of a conversion to selective fishing methods.
(6) A final list of projects funded with appropriations from this section shall be submitted to the office of financial management and the legislature by June 30th of each year.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 82,888,000
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,200,000
Salmon Recovery Account. . . . . . . . . . . . . . . . . . . . . .$ 30,840,000
-------------
Subtotal Appropriation. . . . . .. . . . . . . .$ 119,928,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . .$ 119,928,000
NEW SECTION. Sec. 23. RCW 75.46.130 (Appropriated funds) and 1998 c 246 s 17 are each repealed.
NEW SECTION. Sec. 24. 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. 25. 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."
MOTION
Senator Honeyford moved that the following amendments to the striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove be considered simultaneously and be adopted:
On page 4, line 32, after "voting members" strike all material through "board" on line 32 and insert ". Two members shall be appointed by the senate one from each of the two major political caucuses, and two by the house of representatives one from each of the two major political caucuses. One member shall be appointed by the governor. Such appointee shall be a cabinet-level appointment who has been confirmed by the Senate prior to serving on the board."
On page 4, line 37, after "recovery." Strike "The governor shall appoint on of the general public members of the board as the chair." and insert "The legislatively appointed voting members shall select one of themselves as chair."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Honeyford on page 4, lines 32 and 37, to the striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove to Engrossed Second Substitute Senate Bill No. 5595.
The motion by Senator Honeyford failed and the amendments to the striking amendment were not adopted.
MOTION
Senator Rossi moved that the following amendment by Senators Rossi and Jacobsen to the striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove be adopted:
On page 9, beginning on line 5, after "for" delete everything from "assisting" through "RCW 75.46.060" on line 7, and insert "receiving habitat project lists submitted by lead entities under RCW 75.46.060, for screening and ranking projects on such lists, and for providing its ranking of projects, within categories on a statewide basis, to the board"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Rossi and Jacobsen on page 9, beginning on line 5, to the striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove to Engrossed Second Substitute Senate Bill No. 5595.
The motion by Senator Rossi carried and the amendment to the striking amendment was adopted.
MOTION
Senator Morton moved that the following amendment by Senators Morton and Horn to the striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove be adopted:
On page 17, after line 7 of the amendment, insert the following:
"NEW SECTION. Sec. 17. A new section is added to chapter 75.46 RCW to read as follows:
Commercial net fishing for salmon and trout in Washington state fresh or marine waters is prohibited for a period of five years from the effective date of this act. This section shall apply to all citizens of the state including nontribal and tribal members. The types of commercial net fishing gear prohibited by this section include, but are not limited to, purse seine, gill net, set net, trawl, dip net, trammel net, beach seine, and all other categories of net fishing gear. A violation of this section is a class C felony.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Morton and Horn on page 17, after line 7, to the striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove to Engrossed Second Substitute Senate Bill No. 5595.
The motion by Senator Morton failed and the amendment to the striking amendment was not adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Jacobsen, Swecker, Oke, Spanel and Hargrove to Engrossed Second Substitute Senate Bill No. 5595, as amended under suspension of the rules.
The motion by Senator Jacobsen carried and the striking amendment, as amended under suspension of the rules, was adopted.
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 1 of the title, after "funding;" strike the remainder of the title and insert "amending RCW 75.46.005, 75.46.010, 75.46.040, 75.46.050, 75.46.060, 75.46.070, 75.46.100, 75.46.080, and 76.12.110; amending 1999 c 309 s 114 (uncodified); amending 1999 c 309 s 129 (uncodified); amending 1999 c 309 s 304 (uncodified); adding new sections to chapter 75.46 RCW; adding a new section to Title 79A RCW; creating a new section; repealing RCW 75.46.130; making appropriations; providing an effective date; providing an expiration date; and declaring an emergency."
On motion of Senator Jacobsen, the rules were suspended, Second Engrossed Second Substitute Senate Bill No. 5595, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Second Substitute Senate Bill No. 5595, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Second Substitute Senate Bill No. 5595, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Costa, Eide, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 31. Voting nay: Senators Benton, Deccio, Fairley, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, Morton, Roach, Sellar, Sheahan, Stevens and Zarelli - 16. Excused: Senators Brown and Finkbeiner - 2. SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5595, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
Senator Costa moved that the Senate advance to the ninth order of business.
MOTION
Senator Snyder moved that the motion to advance to the ninth order of business be laid on the table.
Senator Heavey demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Snyder to lay the motion by Senator Costa on the table.
ROLL CALL
The Secretary called the roll and the motion by Senator Snyder to lay the motion by Senator Costa on the table carried by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Deccio, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West and Wojahn - 32. Voting nay: Senators Benton, Costa, Eide, Gardner, Goings, Heavey, Kline, Kohl-Welles, Patterson, Roach, Sheahan, Stevens, Swecker, Winsley and Zarelli - 15. Excused: Senators Brown and Finkbeiner - 2.
THIRD READING
ENGROSSED SENATE BILL NO. 5819, by Senators Shin, Costa and Eide (by request of Governor Locke)
Modifying the benefits period for certain unemployed workers.
The bill was read the third time.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5819.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5819 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 15; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 31. Voting nay: Senators Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T. and West - 15. Absent: Senator Deccio - 1. Excused: Senators Brown and Finkbeiner - 2. ENGROSSED SENATE BILL NO. 5819, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
May 17, 1999
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 2091 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Dunshee, Thomas, Alexander, Doumit, Kessler, McMorris, Grant, Hatfield, Linville, G. Chandler, Reardon, Ericksen, Quall, Ogden, Clements, Schoesler, Anderson, Lisk, Eickmeyer, D. Sommers and Veloria) (by request of Governor Locke)
Contributing to salmon and water quality enhancement in areas impacted by forest practices.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 2091 was advanced the second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
MOTION
At 9:33 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 10:17 p.m. by President Owen.
MOTION
On motion of Senator Snyder, Rule 15 will be suspended for the remainder of the day.
EDITOR’S NOTE: Rule 15 states, ‘The Senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later that 10: 00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day, the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.
MOTION
On motion of Senator Honeyford, Senator Benton was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Dunshee, Thomas, Alexander, Doumit, Kessler, McMorris, Grant, Hatfield, Linville, G. Chandler, Reardon, Ericksen, Quall, Ogden, Clements, Schoesler, Anderson, Lisk, Eickmeyer, D. Sommers and Veloria) (by request of Governor Locke)
Contributing to salmon and water quality enhancement in areas impacted by forest practices.
The bill was read the second time.
MOTION
Senator Thibaudeau moved that the following amendment be adopted:
On page 6, line 29, after "effort." insert "All activities conducted under the adaptive management process shall be subject to requirements of the open public meetings act."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Thibaudeau on page 6, line 29, to Engrossed Substitute House Bill No. 2091.
The motion by Senator Thibaudeau failed and the amendment was not adopted.
MOTION
Senator Gardner moved that the following amendments be considered simultaneously and be adopted:
Beginning on page 4, line 36, after "RCW." strike all material through "section." on page 5, line 2
On page 5, beginning on line 16, after "(1)" strike all material through "(2)" on line 32
Renumber the remaining subsections consecutively and correct internal references accordingly.
On page 5, beginning on line 35, after "resources" strike all material through "section" on line 36
On page 7, beginning on line 6, after "made to" strike all material through "report" on line 16, and insert "the permanent rules according to the adaptive management process"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Gardner on page 4, line 36; page 5, beginning on line 16; page 5, beginning on line 35; and page 7, beginning on line 6; to Engrossed Substitute House Bill No. 2091.
The motion by Senator Gardner failed and the amendments were not adopted.
MOTION
Senator Fraser moved that the following amendments be considered simultaneously and be adopted:
On page 17, line 23, after "agency." insert "The department shall ensure that the acquisition complies with all internal revenue service requirements for transfers of conservation easements if the landowner so requests."
On page 24, after line 24, insert the following:
"(7) In such cases where the acquisition is of a conservation easement, the department shall ensure that the acquisition complies with all internal revenue service requirements for transfers of conservation easements."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fraser on page 17, line 23, and page 24, after line 24, to Engrossed Substitute House Bill No. 2091.
The motion by Senator Fraser failed and the amendments were not adopted.
MOTION
Senator Morton moved that the following amendment be adopted:
On page 17, after line 30, insert the following:
"(5) Forestry riparian easements under this section are to be managed on a sixty year rotation basis, unless the landowner chooses not to actively manage the riparian easement. Harvest of up to one third of the timber on the land included in the easement may be conducted during each twenty year period of the rotation. Under no circumstances may harvest activities take place on the same one third of the easement in any sixty year period. Any riparian easement land harvested under this subsection must be reforested within three years from the date of harvest to appropriate densities based upon forestry management practices accounting for such factors as soil type, elevation, and gradient. The state, through the department of natural resources, must provide seedlings at no cost to landowners exclusively for the purpose of reforesting under the requirements of this subsection."
Renumber the remaining subsections consecutively and correct any internal references.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 17, line 30, to Engrossed Substitute House Bill No. 2091.
The motion by Senator Morton failed and the amendment was not adopted.
MOTION
Senator Morton moved that the following amendment be adopted:
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."
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Morton on page 48, after line 7, to Engrossed Substitute House Bill No. 2091.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 29; Nays, 17; Absent, 0; Excused, 3.
Voting yea: Senators Deccio, Eide, Fairley, Fraser, Gardner, Hale, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McDonald, Morton, Patterson, Rasmussen, Roach, Sellar, Sheahan, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 29. Voting nay: Senators Bauer, Costa, Franklin, Goings, Hargrove, Haugen, Jacobsen, McAuliffe, McCaslin, Oke, Prentice, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder and Swecker - 17. Excused: Senators Benton, Brown and Finkbeiner - 3.MOTION
Senator Spanel moved that the following amendments be considered simultaneously and be adopted:
Beginning on page 48, line 26, after "(2)" strike all material through "(3)" on page 49, line 5
On page 49, line 16, strike "(((3))) (4)" and insert "(3)"
On page 49, line 20, strike "(((4))) (5)" and insert "(4)"
On page 49, line 25, strike "(((5))) (6)" and insert "(5)"
Correct internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Spanel on page 48, line 26; page 49, lines 16, 20 and 25; to Engrossed Substitute House Bill No. 2091.
The motion by Senator Spanel failed and the amendments were not adopted.
MOTION
Senator Kohl-Welles moved that the following amendments by Senators Kohl-Welles and Jacobsen be considered simultaneously and be adopted:
On page 10, line 10, strike "eight-tenths of"
On page 10, line 12, strike "sixteen" and insert "twenty"
On page 10, beginning on line 30, strike "it includes, in whole or in part," and insert "timber harvest from the harvest unit to which it applies is reduced by at least fifteen percent due to"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Kohl-Welles and Jacobsen on page 10, lines 10, 12, and beginning on line 30, to Engrossed Substitute House Bill No. 2091.
The motion by Senator Kohl-Welles failed and the amendments were not adopted.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 20, on line 13, after "subject to the" strike "current" and insert "permanent"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 20, line 13, to Engrossed Substitute House Bill No. 2091.
The motion by Senator Hargrove carried and the amendment was adopted.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 2091, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2091, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 2091, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 17; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Costa, Deccio, Franklin, Goings, Hale, Hargrove, Honeyford, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Shin, Snyder, Swecker, West, Winsley and Zarelli - 29. Voting nay: Senators Eide, Fairley, Fraser, Gardner, Haugen, Heavey, Hochstatter, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Sheldon, B., Spanel, Stevens, Thibaudeau and Wojahn - 17. Excused: Senators Benton, Brown and Finkbeiner - 3. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2091, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the third order of business.
MESSAGE FROM THE GOVERNOR
May 17, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on May 17, 1999, Governor Locke approved the following Senate Bills entitled:
Substitute Senate Bill No. 5277
Relating to child care grants for state institutions of higher education.
Substitute Senate Bill No. 5312
Relating to prevention of workplace violence in health care settings.
Substitute Senate Bill No. 5416
Relating to creating the children's health insurance program.
Engrossed Substitute Senate Bill No. 5599
Relating to agricultural worker protection regulatory duties.
Senate Bill No. 5628
Relating to uniform continuing professional education requirement and licensing requirements for certified public accountants.
Substitute Senate Bill No. 5744
Relating to representation of parties in child dependency and termination proceedings.
Engrossed Second Substitute Senate Bill No. 5825
Relating to student assessments.
Senate Bill No. 5915
Relating to reports to the legislature.
Substitute Senate Bill No. 5967
Relating to human services.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5619
May 17, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Substitute Senate Bill No. 5619 entitled:
"AN ACT Relating to forest fire protection assessment;"
Substitute Senate Bill No. 5619 created a new mechanism for owners of multiple parcels of forested land, that would have allowed them to pay the correct fire protection assessment fee, without being required to over pay and apply later for a refund. The cumbersome payment mechanism is a problem that requires attention.
However, the mechanism in this bill is also flawed and could, in time, result in inaccurate assessments and a reduction in revenues for a program that is already deficient in funding. Both the overall revenue situation and the fee collection mechanism need to be considered together as part of a comprehensive package. By vetoing of this bill, it is my intention that this fee collection issue, and broader forest fire protection, prevention, and fee issues, will be dealt with in the next legislative session.
For these reasons I have vetoed Substitute Senate Bill No. 5619 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Betti Sheldon, the veto message on Substitute Senate Bill No. 5619 was held on the desk.
MOTION
At 11:11 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Tuesday, May 18, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate