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TENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 19, 2000

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Sellar. On motion of Senator Honeyford, Senator Sellar was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Erin Donnelly and Donovan Olson, presented the Colors. Reverend Howard Ullery, Jr., pastor of the Lacey Presbyterian Church, offered the prayer.

MOTION

      On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

INTRODUCTION AND FIRST READING

SB 6540             by Senators Shin, Prentice, Hale, Jacobsen, Gardner, Heavey, B. Sheldon, Rasmussen, Oke, Costa, Winsley and Kohl-Welles (by request of Lieutenant Governor Owen)

AN ACT Relating to the development of a state-wide strategic plan for economic development; adding a new chapter to Title 43 RCW; and creating a new section.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6541             by Senators Kline, Costa, Heavey, Loveland, Gardner, Hochstatter and Winsley

AN ACT Relating to subsidy disclosure; adding new sections to chapter 42.17 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6542             by Senators Kline, Costa, Heavey and Kohl-Welles

AN ACT Relating to citizen enforcement of health and environmental laws; adding a new chapter to Title 4 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

SB 6543             by Senators Kline, Heavey, Costa, Hargrove, Gardner and Kohl-Welles

AN ACT Relating to administering job skills grants; and amending RCW 28C.04.420.

Referred to Committee on Labor and Workforce Development.

SB 6544             by Senators Patterson, Eide, Kline, Heavey, Shin, Gardner, Costa, Thibaudeau, Prentice, Fairley, Kohl-Welles and B. Sheldon (by request of Secretary of State Munro)

AN ACT Relating to commerce of certain cetaceans and sirenians in Washington state; adding a new section to chapter 77.16 RCW; and prescribing penalties.

Referred to Committee on Natural Resources, Parks and Recreation.

SB 6545             by Senators Snyder, Hargrove, Honeyford, Rasmussen, Gardner and Haugen

AN ACT Relating to the current use valuation of agricultural land; and amending RCW 84.34.065.

Referred to Committee on Ways and Means.

SB 6546             by Senators Costa, Winsley, Kohl-Welles, Thibaudeau, Wojahn, Jacobsen, Spanel, Gardner, Goings, Rasmussen, Prentice, McAuliffe and Kline

AN ACT Relating to family caregiver long-term care information and support services; amending RCW 74.41.020, 74.41.030, 74.41.050, and 74.41.070; adding a new section to chapter 74.41 RCW; and making an appropriation.

Referred to Committee on Health and Long-Term Care.

SB 6547             by Senators Costa, Benton, Eide, Shin, Patterson, Haugen, Gardner, Rasmussen, Prentice, Goings, McAuliffe, Winsley, Kline and Kohl-Welles

AN ACT Relating to rights and duties of bicyclists; amending RCW 46.61.235, 46.61.261, and 46.61.755; and adding a new section to chapter 46.61 RCW.

Referred to Committee on Transportation.

SB 6548             by Senator McCaslin

AN ACT Relating to vehicle sales by consignment at wholesale motor vehicle auctions; and amending RCW 46.70.028.

Referred to Committee on Transportation.

SB 6549             by Senators Horn, Haugen, Benton, Oke and Winsley

AN ACT Relating to repeal of outdated railway regulations; and repealing RCW 81.44.091, 81.44.092, 81.44.093, 81.44.094, 81.44.095, 81.44.096, 81.44.097, 81.44.0971, 81.44.0972, 81.44.098, 81.44.0981, 81.44.0982, 81.44.099, 81.44.100, 81.56.010, 81.56.020, 81.56.030, 81.56.040, 81.56.050, 81.56.060, 81.56.070, 81.56.080, 81.56.100, 81.56.110, 81.56.120, 81.56.130, 81.56.140, 81.56.150, 81.56.160, 81.64.010, 81.64.020, 81.64.030, 81.64.040, 81.64.050, 81.64.060, 81.64.070, 81.64.080, 81.64.090, 81.64.100, 81.64.110, 81.64.120, 81.64.130, 81.64.140, 81.64.150, 81.64.160, and 81.64.170.

Referred to Committee on Transportation.

SB 6550             by Senators Kline, Johnson, Patterson, Prentice, Thibaudeau, McCaslin, Deccio, Long, Oke, Hargrove, Goings, Bauer, Winsley, Shin, Rasmussen, Roach, Kohl-Welles, Hochstatter, T. Sheldon and Haugen

AN ACT Relating to the equal access to justice act; amending RCW 4.84.340, 4.84.350, and 4.84.360; and adding new sections to chapter 4.84 RCW.

Referred to Committee on Judiciary.

SB 6551             by Senator Prentice

AN ACT Relating to cause for eviction under the landlord-tenant act; and amending RCW 59.18.180.

Referred to Committee on Judiciary.

SB 6552             by Senators Jacobsen, Oke, Kohl-Welles, Fraser and Spanel

AN ACT Relating to parks and recreation in the west slope of the Cascade foothills; creating new sections; making appropriations; providing an effective date; and declaring an emergency.

Referred to Committee on Natural Resources, Parks and Recreation.

SB 6553             by Senators Thibaudeau, Deccio, Prentice and Winsley (by request of Washington Health Care Facilities Authority)

AN ACT Relating to public health facilities; and amending RCW 70.37.020.

Referred to Committee on Health and Long-Term Care.

SB 6554             by Senators Long, Hargrove, Costa and Winsley

AN ACT Relating to less restrictive alternative mental health commitments; amending RCW 71.05.285; and adding a new section to chapter 71.05 RCW.

Referred to Committee on Human Services and Corrections.

SB 6555             by Senators Long, Hargrove, Patterson, Costa, Eide, Winsley and Kohl-Welles

AN ACT Relating to the evaluations of foster children for long-term needs; and amending RCW 74.14A.050.

Referred to Committee on Human Services and Corrections.

SB 6556             by Senators Horn, Bauer and McDonald

AN ACT Relating to authorizing cities over one hundred thousand in population to use design-build and general contractor/construction manager procedures; and amending RCW 39.10.020, 39.10.050, and 39.10.060.

Referred to Committee on State and Local Government.

SB 6557             by Senators Prentice, Winsley, Shin, Benton, Roach, Kohl-Welles and T. Sheldon

AN ACT Relating to credit union raffles; and amending RCW 9.46.0209.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6558             by Senator Kohl-Welles

AN ACT Relating to public assistance recipients participating in higher education programs; and amending RCW 74.08A.250.

Referred to Committee on Higher Education.

SB 6559             by Senators Kohl-Welles, Swecker, McAuliffe, Finkbeiner, Eide, Hochstatter, Bauer, Zarelli, Goings, Rasmussen, Oke, Winsley and Roach

AN ACT Relating to notifying parents of high school students of the availability of courses leading to college credit; and adding a new section to chapter 28A.320 RCW.

Referred to Committee on Education.

SB 6560             by Senators Jacobsen, Finkbeiner, Patterson, Kline, Rossi, McDonald, Heavey, Haugen and Fraser

AN ACT Relating to motor vehicle fuel tax revenue allocations, distributions, and uses for nonhighway roads and off-road vehicles; amending RCW 46.09.020, 46.09.170, 46.09.240, and 46.09.280; and adding a new section to chapter 46.09 RCW.

Referred to Committee on Transportation.

SB 6561             by Senators Rossi, Patterson, Horn, Loveland, Heavey, Deccio, Rasmussen, Winsley, T. Sheldon and Haugen

AN ACT Relating to the Washington national guard; and amending RCW 43.17.150.

Referred to Committee on State and Local Government.

SB 6562             by Senators Patterson, Kline, McCaslin, Rasmussen, Oke, Kohl-Welles, Fraser, Jacobsen, Shin, Prentice, Goings, Swecker, Winsley and Roach

AN ACT Relating to growth management housing goals; amending RCW 36.70A.210, 36.70A.215, and 84.14.010; adding a new section to chapter 82.14 RCW; and providing an effective date.

Referred to Committee on State and Local Government.

SB 6563             by Senators Finkbeiner, Hochstatter, Stevens, Oke, Johnson, Swecker, McDonald, Zarelli, Roach and Benton

AN ACT Relating to alternate teacher certification; amending RCW 28A.410.025 and 28A.150.410; adding new sections to chapter 28A.410 RCW; creating new sections; and declaring an emergency.

Referred to Committee on Education.

SB 6564             by Senators Finkbeiner, Stevens, Johnson and Winsley

AN ACT Relating to opportunity scholarships; and amending RCW 28A.655.050.

Referred to Committee on Education.

SB 6565             by Senators Horn, Haugen, Oke and Winsley

AN ACT Relating to motorcycles; amending RCW 46.20.515 and 46.30.020; and adding a new section to chapter 82.12 RCW.

Referred to Committee on Transportation.

SB 6566             by Senators Kohl-Welles, Long, Swecker, Kline, Hale, Costa, Thibaudeau, Prentice, Spanel, Gardner, Bauer, Shin, Jacobsen, B. Sheldon, Patterson, McAuliffe and Winsley

AN ACT Relating to local parks and recreation; amending RCW 35.61.010 and 84.52.010; and adding a new chapter to Title 35 RCW.

Referred to Committee on State and Local Government.

SB 6567             by Senators Swecker, Roach and McCaslin

AN ACT Relating to fluoridation of public water systems; amending RCW 70.119A.060; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 6568             by Senators Swecker, Hale, Rasmussen, Oke and Morton

AN ACT Relating to requiring the treatment of biomedical waste cultures prior to disposal; amending RCW 70.95K.010; and adding a new section to chapter 70.95K RCW.

Referred to Committee on Environmental Quality and Water Resources.

SB 6569             by Senator Morton

AN ACT Relating to allotments for school plant facilities by the state board of education; and amending RCW 28A.525.168.

Referred to Committee on Education.

SB 6570             by Senators Hargrove, Costa and Long

AN ACT Relating to judicial authority in truancy petitions; and amending RCW 28A.225.090.

Referred to Committee on Human Services and Corrections.

SB 6571             by Senators Rasmussen, Swecker, Gardner, Snyder, T. Sheldon, B. Sheldon, Morton, Honeyford, Stevens, Oke, Bauer, Goings, Benton, Roach, Hale, Wojahn, Patterson, McAuliffe, Deccio, Winsley, Zarelli and Kohl-Welles

AN ACT Relating to national recognition of World War II veterans; adding a new section to chapter 73.40 RCW; and creating a new section.

Referred to Committee on State and Local Government.

SB 6572             by Senators Rasmussen, Swecker, Stevens and Oke

AN ACT Relating to protecting and enhancing aquatic habitat through the use of tax incentives; and amending RCW 84.34.020 and 84.34.055.

Referred to Committee on Natural Resources, Parks and Recreation.

SB 6573             by Senators Rasmussen and Swecker

AN ACT Relating to salmon and steelhead roe harvesting; adding a new section to chapter 77.15 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Natural Resources, Parks and Recreation.

SB 6574             by Senators Rasmussen, Swecker, T. Sheldon, Morton, Snyder, Honeyford, Bauer, Stevens and Oke

AN ACT Relating to shoreline planning; amending RCW 90.58.060 and 90.58.080; adding new sections to chapter 90.58 RCW; creating a new section; providing an expiration date; and declaring an emergency.

Referred to Committee on Environmental Quality and Water Resources.

SB 6575             by Senators Haugen and Horn

AN ACT Relating to prevailing wages on public works; and amending RCW 39.12.020.

Referred to Committee on Labor and Workforce Development.

SB 6576             by Senators Horn, Haugen and McAuliffe

AN ACT Relating to prevailing wages on public works; and amending RCW 39.12.010.

Referred to Committee on Labor and Workforce Development.

SB 6577             by Senators Haugen, McCaslin, Gardner, Patterson, Horn, Kline, Winsley and Kohl-Welles

AN ACT Relating to emergency powers of the governor; amending RCW 43.06.010; and declaring an emergency.

Referred to Committee on State and Local Government.

SB 6578             by Senators Haugen, McCaslin and Gardner

AN ACT Relating to lawful vehicle combinations; and amending RCW 46.44.037.

Referred to Committee on Transportation.

SB 6579             by Senators Prentice, Haugen and Hale

AN ACT Relating to cosmetology, barbering, manicuring, and esthetics; amending RCW 18.16.010, 18.16.020, 18.16.030, 18.16.060, 18.16.080, 18.16.090, 18.16.100, 18.16.110, 18.16.140, 18.16.170, 18.16.175, 18.16.200, 18.16.210, 18.16.240, and 18.16.900; reenacting and amending RCW 18.16.050; adding new sections to chapter 18.16 RCW; repealing RCW 18.16.165, 18.16.180, and 18.16.190; prescribing penalties; and providing an effective date.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6580             by Senators Horn, Haugen, McCaslin, Johnson, Deccio and T. Sheldon

AN ACT Relating to the prevailing wage exemption for cities with a population of under five thousand; and amending RCW 39.12.030 and 39.12.040.

Referred to Committee on Labor and Workforce Development.

SB 6581             by Senators Haugen, Gardner, Prentice and Spanel

AN ACT Relating to payment for improvements to regional transportation systems and facilities; and adding a new chapter to Title 47 RCW.

Referred to Committee on Transportation.

SB 6582             by Senators Haugen, Gardner, Prentice, Kline and Spanel

AN ACT Relating to exclusion of on and off-ramps of interstate highways from transportation facilities of state-wide significance; and amending RCW 47.06.140.

Referred to Committee on Transportation.

SB 6583             by Senators Haugen, Patterson, Goings and Prentice

AN ACT Relating to county representation on the regional growth management policy board; and amending RCW 36.70A.210.

Referred to Committee on State and Local Government.

SB 6584             by Senators Haugen, McCaslin, Gardner, Patterson, Kline, Oke, Costa, Deccio, Winsley, Kohl-Welles and Spanel

AN ACT Relating to property tax exemptions for persons confined in adult family homes and certain boarding homes; and amending RCW 84.36.381 and 84.36.383.

Referred to Committee on Ways and Means.

SB 6585             by Senators Kline and Fairley

AN ACT Relating to contractor surety bonds; and amending RCW 18.27.040.

Referred to Committee on Labor and Workforce Development.

SB 6586             by Senators Prentice, Hale, Winsley, Goings, Oke and Gardner (by request of Attorney General Gregoire)

AN ACT Relating to the prohibition of chain letters, pyramid schemes, gifting clubs, and pyramid sales schemes; adding a new chapter to Title 9A RCW; repealing RCW 19.102.010 and 19.102.020; prescribing penalties; and declaring an emergency.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6587             by Senators T. Sheldon, McCaslin, Haugen and Hale

AN ACT Relating to the merger of water-sewer districts into cities; amending RCW 35.13A.070, 36.93.090, and 36.93.105; adding a new chapter to Title 35 RCW; creating a new section; recodifying RCW 35.13A.010, 35.13A.070, 35.13A.090, and 35.13A.100; and repealing RCW 35.13A.020, 35.13A.030, 35.13A.0301, 35.13A.040, 35.13A.050, 35.13A.060, 35.13A.080, and 35.13A.900.

Referred to Committee on State and Local Government.

SB 6588             by Senators Bauer, Deccio and Prentice

AN ACT Relating to bingo games and licenses; amending RCW 9.46.0205; adding a new section to chapter 9.46 RCW; and providing an expiration date.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6589             by Senators Prentice, Hale, Deccio, Rasmussen, Loveland, B. Sheldon, West, McAuliffe and Kohl-Welles

AN ACT Relating to domestic wineries; and amending RCW 66.24.170.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SB 6590             by Senators Fraser, Swecker, Jacobsen, Oke, Sheahan, Rossi, Fairley, Morton, Rasmussen, Winsley, Kline and Kohl-Welles

AN ACT Relating to anadromous salmonid fishing; adding new sections to chapter 77.12 RCW; creating a new section; and making an appropriation.

Referred to Committee on Natural Resources, Parks and Recreation.

SJM 8021           by Senators Spanel, Haugen, Gardner and Kline

Requesting the designation of the Paul N. Luvera, Sr. Memorial Highway.

Referred to Committee on Transportation.

SJM 8022           by Senators Rasmussen, Swecker, Bauer, Roach, Goings, Benton, B. Sheldon, Snyder, Hale, Oke, Gardner, Johnson, Long, McAuliffe, Deccio, Winsley, Zarelli, Kohl-Welles, T. Sheldon and Haugen

Recognizing America's World War II veterans.

Referred to Committee on State and Local Government.

MOTION

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

SENATE RESOLUTION 2000-8695

By Senator Hale

      WHEREAS, The Richland High School Bombers won the Class 4A State Football Championship on December 4, 1999; and

      WHEREAS, The Bombers have won sixteen of their last seventeen games including the last ten games of the 1999 season; and

      WHEREAS, The long hours of preparation and intense efforts of all the members of the Richland High School Bombers and their coaching staff are worthy of our respect and recognition; and

      WHEREAS, Coach Lonnie Pierson provided inspirational leadership and instilled in the team a sense of sportsmanship while courageously battling cancer; and

      WHEREAS, Assistant Coaches Nate Holdren, Marc Olson, Mike Neidhold, Joe Neidhold, John Mecham, Brian Stadelman, and Scott Woodward contributed immeasurably to the development of a winning team; and

      WHEREAS, Rance Reed, Jared Goplen, Aaron Cox, Eric McGarrah, Landon Kafentzis, Jason McShane, Joey Chacon, Ricardo Dovalle, Michael Richardson, David Hall, Jeremy Bohannon, Derek Mitchell, Adam Oakes, Josh Artis, Matt Wiser, Bryan Fitzpatrick, Ryan Lukson, Brian Hodgson, Scott Pippo, Lance Rae, David Russie, Chet Ferguson, Joey Strasser, Ryan Richardson, David Whitt, Ryan Brooks, Kai Jones, Kevin Neill, Jeff Stowe, and Travis Brett have distinguished themselves as high school athletes;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the Richland High School Bombers for their dedication and perseverance in the face of all manner of adversity, and for the pride that their achievement brings to their school and community; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Richland High School, to Coach Pierson and his staff, and to each member of the Bombers' championship team.

      Senators Hale and Johnson spoke to Senate Resolution 2000-8695.

MOTION

      At 10:09 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

      The Senate was called to order at 11:32 a.m. by President Owen.

MOTION

      On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.

SECOND READING

      SENATE BILL NO. 6115, by Senators Loveland, Brown, Bauer, Snyder, Rasmussen, Haugen, B. Sheldon, Eide, Jacobsen, McAuliffe, Gardner, Heavey, Franklin, Patterson, Prentice, T. Sheldon, Costa, Goings, McCaslin, Swecker and Winsley (by request of Governor Locke)

Reinstating the property tax exemption for motor vehicles, travel trailers, and campers.

MOTIONS

      On motion of Senator Loveland, Substitute Senate Bill No. 6115 was substituted for Senate Bill No. 6115 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 6115 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 Substitute Senate Bill No. 6115.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6115 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

     Excused: Senator Sellar - 1.

      SUBSTITUTE SENATE BILL NO. 6115, 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.

SECOND READING

      SENATE JOINT RESOLUTION NO. 8212, by Senators Loveland, Winsley, Fairley, Haugen, Snyder, Fraser, Patterson, Bauer, Wojahn, Spanel, B. Sheldon, Rasmussen, Oke, Gardner, Thibaudeau and Goings

Providing a tax credit on owner-occupied residential property.

      The joint resolution was read the second time.

MOTION

      Senator Rossi moved that the following amendment be adopted:

       On page 1, line 8, after "(1)" strike all material down through "section." on page 2, line 6, and insert "Notwithstanding any other provision of this Constitution, there shall be a credit against property taxes levied for state purposes on each parcel of real property. The amount of the credit shall be two hundred dollars for taxes payable in 2001. The credit shall increase each year thereafter by the change in state personal income for the previous fiscal year. The credit is in addition to any tax relief under Article VII, section 10. No credit may exceed the amount of state tax due.

       (2) The legislature may, by statute, increase the amount of the credit that is otherwise provided in subsection (1) of this section.

       (3) This section is self-executing, and no legislation is necessary to implement this section."

      Debate ensued.

      Senator Johnson demanded a roll call and the demand was sustained.

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Rossi on page 1, line 8, to Senate Joint Resolution No. 8212.

ROLL CALL

      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 21.

     Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27.

     Excused: Senator Sellar - 1.

MOTION

      Senator Roach moved that the following amendments by Senators Roach, Stevens, Honeyford and Benton be considered simultaneously and be adopted:

      On page 1, line 11, after "shall be" strike "two hundred dollars for" and insert "seventy percent of the state portion of"

       On page 1, line 12, after "2001." strike everything through "year." on line 13

      Debate ensued.

      Senator Finkbeiner 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 amendments by Senators Roach, Stevens, Honeyford and Benton on page 1, lines 11 and 12, to Senate Joint Resolution No. 8212.

ROLL CALL

      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 20.

     Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.

     Excused: Senator Sellar - 1.

MOTION

      Senator Benton moved that the following amendments by Senators Benton, Morton, McCaslin, Horn, Oke, Hochstatter, Johnson, Swecker, Roach, Stevens, Honeyford, Sheahan, Zarelli, Hale and Deccio be considered simultaneously and be adopted:

       On page 1, line 17, after "qualifications," strike "application procedures,"

       On page 1, line 20, after "this section." insert the following:

"However, the credit shall be automatically applied, and no application shall be required."

      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 amendments by Senators Benton, Morton, McCaslin, Horn, Oke, Hochstatter, Johnson, Swecker, Roach, Stevens, Honeyford, Sheahan, Zarelli, Hale and Deccio on page 1, lines 17 and 20, to Senate Joint Resolution No. 8212.

ROLL CALL

      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 22.

     Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 26.

     Excused: Senator Sellar - 1.

MOTION

      Senator Benton moved that the following amendment by Senators Benton, Stevens, Hochstatter, Roach, Zarelli and Johnson be adopted:

       On page 2, after line 6, insert the following:

       “Article VII, section 2. Except as hereinafter provided and notwithstanding any other provision of this Constitution, the aggregate of all tax levies upon real and personal property by the state and all taxing districts now existing or hereafter created, shall not in any year exceed one percent of the ((true and)) fair value of such property in money: Provided, however, That nothing herein shall prevent levies at the rates now provided by law by or for any port or public utility district. The term "taxing district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for it, ad valorem taxes on property, other than a port or public utility district. The term "fair value" means the assessed value of property on January 1, 1999, modified each year thereafter by the lesser of two percent or the rate of inflation. Such aggregate limitation or any specific limitation imposed by law in conformity therewith may be exceeded only as follows:

       (a) By any taxing district when specifically authorized so to do by a majority of at least three-fifths of the voters of the taxing district voting on the proposition to levy such additional tax submitted not more than twelve months prior to the date on which the proposed levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of such taxing district, at which election the number of voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters of the taxing district voting on the proposition to levy when the number of voters voting on the proposition exceeds forty percent of the number of voters voting in such taxing district in the last preceding general election: Provided, That notwithstanding any other provision of this Constitution, any proposition pursuant to this subsection to levy additional tax for the support of the common schools may provide such support for a period of up to four years and any proposition to levy an additional tax to support the construction, modernization, or remodelling of school facilities may provide such support for a period not exceeding six years;

       (b) By any taxing district otherwise authorized by law to issue general obligation bonds for capital purposes, for the sole purpose of making the required payments of principal and interest on general obligation bonds issued solely for capital purposes, other than the replacement of equipment, when authorized so to do by majority of at least three-fifths of the voters of the taxing district voting on the proposition to issue such bonds and to pay the principal and interest thereon by annual tax levies in excess of the limitation herein provided during the term of such bonds, submitted not oftener than twice in any calendar year, at an election held in the manner provided by law for bond elections in such taxing district, at which election the total number of voters voting on the proposition shall constitute not less than forty percent of the total number of voters voting in such taxing district at the last preceding general election: Provided, That any such taxing district shall have the right by vote of its governing body to refund any general obligation bonds of said district issued for capital purposes only, and to provide for the interest thereon and amortization thereof by annual levies in excess of the tax limitation provided for herein, And provided further, That the provisions of this section shall also be subject to the limitations contained in Article VIII, Section 6, of this Constitution;

       (c) By the state or any taxing district for the purpose of preventing the impairment of the obligation of a contract when ordered so to do by a court of last resort.

       Article VII, section 11. Nothing in this Article VII as amended shall prevent the legislature from providing, subject to such conditions as it may enact, that the ((true and)) fair value in money (a) of farms, agricultural lands, standing timber and timberlands, and (b) of other open space lands which are used for recreation or for enjoyment of their scenic or natural beauty shall be based on the use to which such property is currently applied, and such values shall be used in computing the assessed valuation of such property in the same manner as the assessed valuation is computed for all property.”

      Debate ensued.

MOTION

      On motion of Senator Honeyford, Senator Roach was excused.

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Stevens, Hochstatter, Roach, Zarelli and Johnson on page 2, afer line 6, to Senate Joint Resolution No. 8212.

      The motion by Senator Benton failed and the amendment was not adopted.

MOTION

      Senator Benton moved that the following amendment by Senators Benton, Stevens, Hochstatter, McDonald, Finkbeiner, Zarelli, Swecker, Johnson, Roach, Honeyford, Hale and Deccio be adopted:

      On page 2, line 5, after "(4)", insert the following:

       "Notwithstanding any other provision of this Constitution or law, the rate of state property tax shall be as follows:

       (a) Three dollars and sixty cents per thousand dollars of assessed value for taxes levied for collection in 2000, and before;

       (b) Three dollars and twenty-four cents per thousand dollars of assessed value for taxes levied for collection in 2001;

       (c) Two dollars and eighty-eight cents per thousand dollars of assessed value for taxes levied for collection in 2002;

       (d) Two dollars and fifty-two cents per thousand dollars of assessed value for taxes levied for collection in 2003;

       (e) Two dollars and sixteen cents per thousand dollars of assessed value for taxes levied for collection in 2004; and

       (f) One dollar and eighty cents per thousand dollars of assessed value for taxes levied for collection in 2005; and

       (g) One dollar and forty-four cents per thousand dollars of assessed value for taxes levied for collection in 2006; and

       (h) One dollar and eight cents per thousand dollars of assessed value for taxes levied for collection in 2007; and

       (i) Seventy-two cents per thousand dollars of assessed value for taxes levied for collection in 2008; and

       (j) Thirty-six cents per thousand dollars of assessed value for taxes levied for collection in 2009; and

       (k) No tax may be levied under this section for taxes levied for collection in 2010 and thereafter.

       (5)"

      Debate ensued.

POINT OF INQUIRY

      Senator West: “Senator Brown, from your statements, I want to be clear. I understand your principle objection to this is that it has an arbitrary schedule in it. Is that correct?”

      Senator Brown: “That is not correct, Senator. That is one of my objections to it. My principle objection is that we crafted a careful package in the underlying measure that allows us to achieve multiple goals--giving a targeted tax cut to home owners and preserving our commitment in the state budget to education, public health and other things that are important to us on this side of the aisle. So, that is one of my objections, the arbitrariness and the way that it obligates future Legislatures to arbitrary kinds of cuts--thirty six cents per thousand in 2009. I don’t think that is the appropriate way to create a tax cut. I think the appropriate way is to create it today in the underlying measure.”

      Senator West: “Thank you, Senator. I am not sure that we needed the length, but that is excellent. If I might inquire further; now I am really confused. Are you for or against, I guess, the total elimination of the state portion of the property tax or are you just simply against this method of totally eliminating the state portion of the property taxes?”

      Senator Brown: “Let me be perfectly clear. What I am in favor of today is targeting a tax credit to the home owners. If possible, we will get further tax cuts, but I think this amendment which promises something in 2008, 2009 and 2010--when my son graduates from high school-- is not real tax relief for home owners today. What is real tax relief for home owners, and they will have the chance to validate it at the polls in November, is the underlying measure.”

      Further debate ensued.

      Senator Finkbeiner demanded a roll call and the demand was sustained.

      Further debate ensued

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Benton, Stevens, Hochstatter, McDonald, Finkbeiner, Zarelli, Swecker, Johnson, Roach, Honeyford, Hale and Deccio on page 2, line 5, to Senate Joint Resolution No. 8212.

ROLL CALL

      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 22.

     Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 26.

     Excused: Senator Sellar - 1.

MOTION

      Senator West moved that the following amendment by Senators West and Swecker be adopted:

       On page 1, after line 7, strike everything and insert the following:

       "Article VII, section .... (1) Notwithstanding any other provision of this Constitution, there shall be a credit against property taxes levied for state purposes on owner-occupied residential property. The amount of the credit shall be two hundred dollars for taxes payable in 2001. The credit shall increase each year thereafter by the change in state personal income for the previous fiscal year. The credit is in addition to any tax relief under Article VII, section 10. No credit may exceed the amount of state tax due.

       (2) Unless otherwise provided by statute, and to the extent applicable, the definitions, qualifications, application procedures, and other administrative provisions provided by the legislature for property tax relief under Article VII, section 10 apply to the credit under this section. No income or age requirements shall apply to the credit under this section. Any notice to a taxpayer of property taxes due shall indicate the amount of the credit and the tax payable after application of the credit.

       (3) The legislature may, by statute, increase the amount of the credit that is otherwise provided in subsection (1) of this section.

       (4) The legislature shall phase out the state property tax by 2010.