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THIRTY-EIGHTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Wednesday, February 15, 1995
The House was called to order at 10:00 a.m. by the Speaker (Representative Horn presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Kristi Seefeldt and Kirsten Lestelle. Prayer was offered by Reverend William Riker of St. Benedicts Episcopal Church, Lacey.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the third order of business.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable
Speaker of the House of Representatives
Legislature of the State of Washington
Olympia, Washington 98504
Mr. Speaker:
As required by Article II, Section 1, of the State Constitution and RCW 29.79.200, we herewith respectfully certify that we have completed the verification of the signature on Initiative to the Legislature 164, a copy of which was preliminarily certified to you on January 10, 1995, and we have determined that the initiative contains the signatures of at least 181,667 legal voters of the State of Washington. Therefore, we hereby certify that Initiative to the Legislature 164 is qualified to appear on the state general election ballot unless approved by the Legislature during this session.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the State of Washington, this 13th day of February, 1995.
(Seal)
Ralph Munro, Secretary of State
AN ACT Relating to regulation of private property; adding a new chapter to Title 64 RCW
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act is intended to provide remedies to property owners in addition to any constitutional rights under the state and/or federal constitutions and is not intended to restrict or replace any constitutional rights.
NEW SECTION. Sec. 2. This act shall be known as the private property regulatory fairness act.
NEW SECTION. Sec. 3. A regulation of private property or restraint of land use by a governmental entity is prohibited unless a statement containing a full analysis of the total economic impact in private property of such regulation or restraint is prepared by the entity and made available to the public at least thirty days prior to adoption of the regulation or imposition of the restraint. Such statement shall identify the manner in which the proposed action will substantially advance the purpose of protecting public health and safety against identified public health or safety risks created by the use of private property, and analyze the economic impact of all reasonable alternatives to the regulation or restraint. Should the governmental entity choose to adopt a proposed regulation or restraint on the use private property, the governmental entity shall adopt the regulation or restraint that has the least possible impact on private property and still accomplishes the necessary public purpose.
NEW SECTION. Sec. 4. (1) A portion or parcel of private property shall be considered to have been taken for general public use when:
(a) a governmental entity regulates or imposes a restraint of land use on such portion or parcel of property for public benefit including wetlands, fish or wildlife habitat, buffer zone, or other public benefit designations; and
(b) no public nuisance will be created absent the regulation; and
(2) When private property is taken for general public use, the regulating agency or jurisdiction shall pay full compensation of reduction in value to the owner, or the use of the land by the owner may not be restricted because of the regulation or restraint. The jurisdiction may not require waiving this compensation as a condition of approval of use or another permit, nor as a condition for subdivision of land.
(3) Compensation must be paid to the owner of a private property within three months of the adoption of a regulation or restraint which results in a taking for general public use.
(4) A governmental entity may not deflate the value of property by suggesting or threatening a designation to avoid full compensation to the owner.
(5) A governmental entity that places restriction on the use of public or private property which deprive a landowner of access to his or her property must also provide alternative access to the property at the governmental entity's expense, or purchase the inaccessible property.
(6) The assessor shall adjust property valuation for tax purposes and notify the owner of the new tax valuation, which must be reflected and identified in the next tax assessment notice.
(7) The state is responsible for the compensation liability of other governmental entities for any action which restricts the use of property when such action is mandated by state law or any state agency.
(8) Claims for compensation as a result of a taking of private property under this act must be brought within the time period specified in RCW 4.16.020.
NEW SECTION. Sec. 6. No governmental entity may require any private property owner to provide or pay for any studies, maps, plans, or reports used in decisions to consider restricting the use of private property for public use.
NEW SECTION. Sec. 7. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Full compensation" means the reduction in the fair market value of the portion or parcel of property taken for general public use which is attributable to the regulation or restraint. Such reduction shall be measured as of the date of adoption of the regulation or imposition of restraint on the use of private property.
(2) "Governmental entity" means Washington state, state agencies, agencies and commissions funded fully or partially by the state, counties, cities, and other political subdivisions.
(3) "Private property: means-
(a) land;
(b) any interest in land or improvements thereon;
(c) any proprietary water right;
(d) Any crops, forest products, or resources capable of being harvested or extracted that is owned by a non-governmental entity and is protected by either the Fifth or Fourteenth Amendments to the U.S. Constitution or the Washington State Constitution.
(4) "Restraint of land use" means any action, requirement, or restriction by a governmental entity, other than actions to prevent or abate public nuisances, that limits the use or development or private property.
NEW SECTION. Sec. 8 This act may be enforced in Superior Court against any governmental entity which fails to comply with the provisions of this act by any owner of property subject to the jurisdiction of such entity. Any prevailing plaintiff is entitled to recover the costs of litigation, including reasonable attorney's fees.
NEW SECTION. Sec. 9. 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. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 64 RCW.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 1903 by Representatives Clements, Casada and Chandler
"AN ACT Relating to rule making by administrative agencies; amending RCW 34.05.360, 34.05.345, 34.05.350, 18.104.040, 19.27.097, 43.21A.080, 43.21C.110, 43.27A.090, 43.37.030, 43.83B.420, 43.200.070, 43.200.080, 70.93.040, 70.93.090, 70.94.410, 70.94.457, 70.94.470, 70.94.477, 70.94.715, 70.95.260, 70.95D.080, 70.105.140, 70.107.060, 70.120.120, 76.09.040, 86.16.061, 90.14.230, 90.22.020, 90.48.220, 90.48.230, 90.54.050, 90.56.050, 90.58.200, 90.62.110, 90.70.080, 15.04.020, 15.13.260, 15.13.280, 15.13.460, 15.14.020, 15.17.030, 15.17.120, 15.17.920, 15.36.012, 15.36.021, 15.49.005, 15.49.081, 15.49.310, 15.49.930, 15.53.9012, 15.54.800, 15.58.040, 15.60.025, 15.76.180, 15.80.410, 15.83.100, 15.85.040, 15.86.060, 16.49.680, 16.49A.640, 16.49A.650, 16.57.080, 16.57.090, 16.57.140, 16.57.220, 16.57.400, 16.57.410, 16.58.030, 16.58.050, 16.58.130, 16.65.020, 16.65.030, 16.65.090, 16.68.170, 16.74.590, 17.10.074, 17.10.260, 17.21.040, 17.24.021, 20.01.020, 22.09.011, 22.09.020, 22.09.040, 22.09.045, 69.04.398, 69.04.761, 69.07.070, 69.25.030, 69.25.040, 7.68.030, 7.68.080, 18.27.125, 18.106.140, 19.28.210, 19.28.600, 19.30.130, 39.12.070, 43.22.432, 49.04.010, 49.12.091, 49.17.040, 49.22.030, 49.24.370, 49.26.130, 49.30.040, 49.38.070, 49.46.120, 49.48.070, 49.66.080, 49.70.165, 49.70.200, 49.70.210, 51.04.020, 51.08.142, 51.12.120, 51.16.060, 51.24.120, 51.16.210, 51.32.055, 51.32.095, 51.32.220, 51.32.240, 51.36.080, 51.44.150, 67.42.050, 70.74.390, 70.87.034, and 88.04.330; reenacting and amending RCW 70.105D.030 and 16.57.220; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.23 RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 70.94 RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 70.95C RCW; adding a new section to chapter 70.95E RCW; adding a new section to chapter 70.95F RCW; adding a new section to chapter 70.95I RCW; adding a new section to chapter 70.95J RCW; adding a new section to chapter 89.16 RCW; adding a new section to chapter 90.03 RCW; adding a new section to chapter 90.42 RCW; adding a new section to chapter 90.54 RCW; adding a new section to chapter 90.76 RCW; adding a new section to chapter 15.08 RCW; adding a new section to chapter 15.60 RCW; adding a new section to chapter 16.36 RCW; adding a new section to chapter 19.94 RCW; adding a new section to chapter 19.112 RCW; adding a new section to chapter 34.05 RCW; creating new sections; providing an effective date; and providing an expiration date.
Referred to Committee on Agriculture & Ecology.
Held on first from 2/14/95.
HB 1917 by Representatives Pennington, Fuhrman, Thompson, Goldsmith, McMorris and Kremen
AN ACT Relating to emergency response services; amending RCW 76.04.145; adding new sections to chapter 76.04 RCW; and creating a new section.
Referred to Committee on Natural Resources.
HB 1918 by Representatives Veloria, Costa, Quall, Cody, Regala, Dickerson, Cole, Basich and Mason
AN ACT Relating to the use of prison labor in political campaigns; adding a new section to chapter 9.91 RCW; and prescribing penalties.
Referred to Committee on Corrections.
HB 1919 by Representatives Cody, Veloria, Campbell, Hatfield, Smith, Conway, Costa, Delvin, Morris, Chappell, Kremen, Dickerson, Regala, Basich and Mason
AN ACT Relating to sales and use tax exemption for trigger locks or gun safes; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1920 by Representatives Cairnes and Hargrove
AN ACT Relating to allowing reduction in disability compensation because of payments payable under employer-provided retirement plans; amending RCW 51.32.225; and declaring an emergency.
Referred to Committee on Commerce & Labor.
HB 1921 by Representatives Benton, Elliot, Chopp, Thompson, Carlson, D. Schmidt, Ogden and Mason
AN ACT Relating to existing general aviation airport land use encroachment planning; adding a new chapter to Title 36 RCW; and declaring an emergency.
Referred to Committee on Transportation.
HB 1922 by Representatives K. Schmidt and R. Fisher
AN ACT Relating to vessels providing excursion services; adding new sections to chapter 81.84 RCW; and declaring an emergency.
Referred to Committee on Transportation.
HB 1923 by Representatives Dickerson, Chopp, Regala, Cole, Hatfield, Sommers and Mason
AN ACT Relating to expenditures for correctional needs; amending RCW 43.135.025, 43.135.035, and 43.135.045; and creating a new section.
Referred to Committee on Appropriations.
HB 1924 by Representatives Koster, Goldsmith, Cairnes, Stevens, Clements, McMahan, Benton, D. Schmidt, Elliot, Smith, Campbell, Radcliff, Thompson and Hargrove
AN ACT Relating to notifying property owners of property taxes due on their property; and amending RCW 84.56.050.
Referred to Committee on Government Operations.
HB 1925 by Representatives Cairnes, Hargrove, Lisk, Thompson, Goldsmith, Hymes, Honeyford, D. Schmidt, Koster, Elliot, Chappell, Blanton, Hickel, Hankins, Radcliff, Pelesky, McMahan, Padden, Sheldon, K. Schmidt, Reams, Basich, Mulliken, Carrell, Huff, L. Thomas, Johnson, Silver, McMorris, Clements, Skinner, Backlund, Campbell, Benton, Carlson, Smith, Van Luven, Schoesler and Stevens
AN ACT Relating to growth management; amending RCW 36.70A.010, 36.70A.020, 36.70A.050, 36.70A.060, 36.70A.070, 36.70A.110, 36.70A.130, 36.70A.160, 36.70A.210, 36.70A.370, and 76.09.050; reenacting and amending RCW 36.70A.030; adding new sections to chapter 36.70A RCW; creating a new section; and declaring an emergency.
Referred to Committee on Government Operations.
HB 1926 by Representatives Benton, Ebersole, Koster, Goldsmith, Delvin, Blanton, Boldt, Fuhrman and Hargrove
AN ACT Relating to higher education; adding a new section to chapter 28B.10 RCW; adding a new chapter to Title 28B RCW; creating new sections; repealing RCW 28B.20.100, 28B.20.105, 28B.20.110, 28B.20.130, 28B.30.100, 28B.30.120, 28B.30.125, 28B.30.130, 28B.30.135, 28B.30.150, 28B.35.100, 28B.35.105, 28B.35.110, 28B.35.120, 28B.40.100, 28B.40.105, 28B.40.110, 28B.40.120, 28B.80.110, 28B.80.150, 28B.80.160, 28B.80.170, 28B.80.180, 28B.80.200, 28B.80.210, 28B.80.230, 28B.80.240, 28B.80.245, 28B.80.246, 28B.80.255, 28B.80.256, 28B.80.265, 28B.80.280, 28B.80.290, 28B.80.300, 28B.80.310, 28B.80.320, 28B.80.330, 28B.80.340, 28B.80.350, 28B.80.360, 28B.80.370, 28B.80.380, 28B.80.390, 28B.80.400, 28B.80.410, 28B.80.420, 28B.80.430, 28B.80.440, 28B.80.450, 28B.80.500, 28B.80.510, 28B.80.520, 28B.80.550, 28B.80.555, 28B.80.570, 28B.80.575, 28B.80.580, 28B.80.585, 28B.80.600, 28B.80.610, 28B.80.612, 28B.80.614, 28B.80.616, 28B.80.800, 28B.80.801, 28B.80.802, 28B.80.803, 28B.80.910, 28B.80.911, 28B.80.912, 28C.18.005, 28C.18.010, 28C.18.020, 28C.18.030, 28C.18.040, 28C.18.050, and 28C.18.060; providing effective dates; and declaring an emergency.
Referred to Committee on Higher Education.
HB 1927 by Representatives Costa, Radcliff, Jacobsen, Scott, Blanton, Cole, Dickerson and Cairnes
AN ACT Relating to electing precinct committee officers; and amending RCW 29.42.050 and 29.36.030.
Referred to Committee on Government Operations.
HB 1928 by Representatives Morris, Blanton, Hatfield, Fuhrman and Mastin
AN ACT Relating to the development of inherited property; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and adding a new section to chapter 36.70A RCW.
Referred to Committee on Government Operations.
HB 1929 by Representatives Brumsickle and Morris
AN ACT Relating to jail industries; and amending RCW 36.110.020, 36.110.120, and 36.110.130.
Referred to Committee on Corrections.
HB 1930 by Representatives Hymes, Skinner, Radcliff, Cody, Kessler, Regala, Lambert, Mitchell, Mason, Ballasiotes, Kremen, Dyer, Hatfield, Costa, Mielke and Hargrove
AN ACT Relating to women's health; and adding new sections to chapter 48.43 RCW.
Referred to Committee on Health Care.
HB 1931 by Representatives Conway, Cody, Cole, Romero, Veloria, Chopp, Dickerson, Costa and Mason
AN ACT Relating to apprenticeship for electricians; amending RCW 19.28.510, 19.28.530, and 19.28.620; and prescribing penalties.
Referred to Committee on Commerce & Labor.
HB 1932 by Representatives Mielke, Patterson, Casada and Appelwick
AN ACT Relating to the delivery of telecommunications services; amending RCW 80.54.010; adding a new section to chapter 54.04 RCW; and creating a new section.
Referred to Committee on Energy & Utilities.
HB 1933 by Representative K. Schmidt
AN ACT Relating to distribution of the motor vehicle fund to cities and towns; and reenacting and amending RCW 46.68.110.
Referred to Committee on Transportation.
HB 1934 by Representatives Mielke, Silver, Sommers, L. Thomas, Hankins, Blanton and Honeyford
AN ACT Relating to the Washington state patrol retirement system; and adding a new section to chapter 43.43 RCW.
Referred to Committee on Appropriations.
HB 1935 by Representatives Reams, L. Thomas, Jacobsen, Goldsmith, Appelwick, Blanton, Skinner, Thibaudeau, Chopp, Dyer, Thompson and Basich
AN ACT Relating to higher education; creating new sections; and making an appropriation.
Referred to Committee on Higher Education.
HB 1936 by Representatives Hymes, Brumsickle, L. Thomas, Clements, Schoesler, Dyer, Cooke, Lisk, Sherstad, Mielke, Lambert, Backlund, McMorris, Thompson and Hargrove
AN ACT Relating to privatizing medical assistance; adding a new section to chapter 74.09 RCW; and creating new sections.
Referred to Committee on Health Care.
HB 1937 by Representatives Cole, Cody, Veloria and Conway
AN ACT Relating to the board of pharmacy; and adding new sections to chapter 18.64 RCW.
Referred to Committee on Health Care.
HB 1938 by Representatives L. Thomas, Mielke, Horn and Reams
AN ACT Relating to administration of the responsibilities of self-insurers; and amending RCW 51.14.020.
Referred to Committee on Financial Institutions & Insurance.
HB 1939 by Representatives Fuhrman, Beeksma, Chappell, Smith, Campbell, Kremen, Cairnes, Buck, Thompson and Hargrove
AN ACT Relating to shellfish resources; creating new sections; and declaring an emergency.
Referred to Committee on Natural Resources.
HB 1940 by Representatives Lisk and Honeyford
AN ACT Relating to selling of wine with a club's private label to members for consumption off the club premises; and amending RCW 66.24.370 and 66.24.450.
Referred to Committee on Commerce & Labor.
HB 1941 by Representatives Johnson, Brumsickle, Talcott and Thompson
AN ACT Relating to the improvement of reading literacy; amending RCW 28A.300.138 and 28A.165.040; adding a new section to chapter 28A.630 RCW; and creating a new section.
Referred to Committee on Education.
HB 1942 by Representatives Robertson, Delvin, Smith, Brown, Ballasiotes, McMahan, Sheldon, L. Thomas, Padden, Mulliken, Mielke, Chappell, Campbell, Benton, Honeyford, Thompson, Schoesler and Mitchell
AN ACT Relating to driving while under the influence of intoxicating liquor or any drug; amending RCW 46.20.308, 46.20.355, 46.61.502, 46.61.504, 46.61.5058, 46.61.524, 3.62.090, 10.05.060, 35.21.165, 36.32.127, 46.04.480, 46.20.311, 46.20.391, 46.61.5054, 46.61.5056, and 46.61.5151; reenacting and amending RCW 9.94A.320, 9.94A.360, and 46.63.020; adding a new section to chapter 46.20 RCW; adding a new section to chapter 46.61 RCW; adding a new section to chapter 46.04 RCW; repealing RCW 46.20.309, 46.20.365, 46.61.5051, 46.61.5052, 46.61.5053, and 46.61.5057; repealing 1994 c 275 s 44 (uncodified); prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Law & Justice.
HB 1943 by Representatives Campbell, Smith and Pelesky
AN ACT Relating to voters' pamphlets; and amending RCW 29.81A.010 and 29.81A.020.
Referred to Committee on Government Operations.
HB 1944 by Representatives Campbell, Smith, Kessler, Pelesky, Costa and Hargrove
AN ACT Relating to the date of primary elections; and amending RCW 29.13.070.
Referred to Committee on Government Operations.
HB 1945 by Representatives Dyer and Dellwo
AN ACT Relating to patient care; amending RCW 48.43.170 and 43.72.310; adding a new section to chapter 43.72 RCW; adding a new section to chapter 70.43 RCW; adding new chapters to Title 70 RCW; adding a new chapter to Title 48 RCW; and creating a new section.
Referred to Committee on Health Care.
HB 1946 by Representatives Veloria and Cody
AN ACT Relating to making an appropriation for the construction of a new library at Green River Community College; creating a new section; and making an appropriation.
Referred to Committee on Capital Budget.
HB 1947 by Representatives Benton, Pennington, Kremen and Boldt
AN ACT Relating to marking the drivers' licenses of drunk drivers; amending RCW 46.20.161; adding a new section to chapter 66.44 RCW; and prescribing penalties.
Referred to Committee on Transportation.
MOTION
On motion of Representative Foreman, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
February 14, 1995
SHB 1021 Prime Sponsor, Committee on Corrections: Granting to adult court jurisdiction over juveniles who use a firearm while committing a violent offense. Reported by Committee on Law & Justice
MAJORITY recommendation: The substitute bill by Committee on Corrections be substituted therefor and the substitute bill as amended by Committee on Law & Justice do pass with the following amendment:
On page 2, beginning on line 26, after "firearm" strike "and discharged, aimed, or displayed the firearm"
On page 4, beginning on line 13, after "firearm" strike "and the offender discharged, aimed, or displayed the firearm"
Signed by Representatives Padden, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Appelwick, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Lambert; McMahan; Morris; Robertson; Sheahan and Smith.
MINORITY recommendation: Do not pass. Signed by Representatives Cody; Thibaudeau and Veloria.
Voting Yea: Representatives Appelwick, Carrell, Chappell, Costa, Delvin, Hickel, Lambert, McMahan, Morris, Padden, Robertson, Sheahan and Smith.
Voting Nay: Representatives Cody, Thibaudeau and Veloria.
Referred to Committee on Appropriations.
February 14, 1995
HB 1342 Prime Sponsor, Representative Fuhrman: Creating the parks renewal and stewardship account. Reported by Committee on Natural Resources
MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.
Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.
Excused: Representative G. Fisher.
Referred to Committee on Appropriations.
February 14, 1995
HB 1484 Prime Sponsor, Representative Pennington: Revising provisions relating to the landowner contingency forest fire suppression account. Reported by Committee on Natural Resources
MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.
Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens and Thompson.
Excused: Representatives G. Fisher and B. Thomas.
Referred to Committee on Finance.
February 14, 1995
HB 1538 Prime Sponsor, Representative Mastin: Allowing claims for damage by wild animals or wild birds to wild shrubs or range land vegetation. Reported by Committee on Natural Resources
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Beeksma; Cairnes; Elliot; Sheldon; Stevens; B. Thomas and Thompson.
MINORITY recommendation: Do not pass. Signed by Representatives Regala, Assistant Ranking Minority Member; Jacobsen and Romero.
Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, Fuhrman, Pennington, Sheldon, Stevens, B. Thomas and Thompson.
Voting Nay: Representatives Jacobsen, Regala and Romero.
Excused: Representative G. Fisher.
Referred to Committee on Appropriations.
February 13, 1995
HB 1607 Prime Sponsor, Representative Van Luven: Creating opportunities for international education. Reported by Committee on Trade & Economic Development
MAJORITY recommendation: Do pass. Signed by Representatives Van Luven, Chairman; Radcliff, Vice Chairman; D. Schmidt, Vice Chairman; Veloria, Assistant Ranking Minority Member; Backlund; Ballasiotes; Hatfield; Hickel; Mason; Sherstad; Skinner and Valle.
Voting Yea: Representatives Backlund, Ballasiotes, Hatfield, Hickel, Mason, Radcliff, D. Schmidt, Sherstad, Skinner, Valle, Veloria and Van Luven.
Excused: Representative Sheldon.
Passed to Committee on Rules for second reading.
February 13, 1995
HB 1631 Prime Sponsor, Representative Jacobsen: Promoting international education and cultural and trade exchanges. Reported by Committee on Trade & Economic Development
MAJORITY recommendation: Do pass. Signed by Representatives Van Luven, Chairman; Radcliff, Vice Chairman; D. Schmidt, Vice Chairman; Veloria, Assistant Ranking Minority Member; Backlund; Ballasiotes; Hatfield; Hickel; Mason; Sherstad; Skinner and Valle.
Voting Yea: Representatives Backlund, Ballasiotes, Hatfield, Hickel, Mason, Radcliff, D. Schmidt, Sherstad, Skinner, Valle, Veloria and Van Luven.
Excused: Representative Sheldon.
Referred to Committee on Appropriations.
MOTION
On motion of Representative Foreman, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.
There being no objection, the House advanced to the eighth order of business.
RESOLUTIONS
HOUSE RESOLUTION NO. 95-4610, by Representatives Romero, Wolfe, Chappell, Campbell, Johnson, Brumsickle, Padden, Sheldon, Carlson, Dyer, Blanton, Hankins, Regala and Robertson
WHEREAS, Saint Martin's College, the oldest institution of higher education in the Olympia area, will celebrate one century of educational excellence on September 11, 1995; and
WHEREAS, Saint Martin's College and Abbey have been centers of spiritual and academic development in the state of Washington since they first opened their doors in a city called Woodland, later to become Lacey, Washington; and
WHEREAS, In 1895, the founding year of the school, The Olympian newspaper envisioned the vast local significance Saint Martin's College would have on its community when it proclaimed, "It is hardly possible to realize the great benefits which will accrue to the Olympia area by having such an institution. . ."; and
WHEREAS, Olympia Mayor John Byrne and local business owners also recognized the significant local contribution of Saint Martin's by forming an organization in 1891 to help purchase the present site of Saint Martin's College and Abbey in Lacey, Washington; and
WHEREAS, Local legend says the first student, Angus McDonald of Shelton, arrived at Saint Martin's College by canoe on September 11, 1895; and
WHEREAS, The entire student body consisted of only one student for the first few months of the college's existence, and he was extended a full academic schedule consisting of writing, diction, and study hall based upon the strong belief by the founding monks "that one person's education is an important contribution to mankind"; and
WHEREAS, The institution first was established by Benedictine monks as a boys' grammar school in 1895; Saint Martin's began offering college-level classes at the turn of the century, and was deemed a four-year, accredited, baccalaureate-granting institution in 1940; and
WHEREAS, In 1965, Saint Martin's opened its doors to women, offering them the opportunity to receive the same high quality education that until then only males were permitted to attain; and
WHEREAS, Saint Martin's College furthered its strong educational commitment by continuing to offer high school academics as well as a college-level curriculum until 1974; and
WHEREAS, Father Sebastian Ruth founded the first Olympia-area radio station, called KGY, in a log cabin on the campus of Saint Martin's in the 1920's, then used the station to broadcast the first live local radio coverage of the World Series and help the Elks club of Olympia raise charitable funds for the needy in the community; and
WHEREAS, Saint Martin's is one of only twelve Benedictine institutions of higher learning in the United States, and the only one west of the Rocky Mountains; and
WHEREAS, In one century of service, the college has grown to serve hundreds of students on its main campus in Lacey, and also extends educational opportunities to hundreds more students at two additional campuses on the McChord Air Force Base and the Fort Lewis Army Post in Tacoma, Washington; and
WHEREAS, Saint Martin's commitment to using computers in education has ranked the college's student computer center, with Harvard and Columbia, as one of the top three in the nation by Computers in Education magazine; and
WHEREAS, Saint Martin's also was heralded by Electronic Learning magazine for having the largest educational software collection on the west coast of the United States; and
WHEREAS, The alumni of Saint Martin's College fill a variety of leadership roles in civic, corporate, governmental, and charitable organizations throughout the state of Washington and the United States, and in twenty-eight nations around the world; and
WHEREAS, The community of Saint Martin's is in the midst of a year-long centennial observance, that will include the one hundredth commencement class ceremony scheduled for May 12, 1995, and a Centennial Homecoming Week set to begin February 4, 1995, and to conclude February 12, 1995;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington honor the one hundredth anniversary of the founding of Saint Martin's College and Abbey on September 11, 1995, and the celebratory events of the year as the college enters its second century of service to the State of Washington and reaffirming its dedication to educational excellence; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the President of Saint Martin's College and Abbey in Lacey, Washington.
Representative Romero moved adoption of the resolution.
Representatives Romero, Basich, Carlson, Wolfe, Brumsickle and Dellwo spoke in favor of adoption of the resolution.
House Resolution No. 4610 was adopted.
HOUSE RESOLUTION NO. 95-4622, by Representatives Sommers, Foreman, Ebersole, Carlson, Jacobsen, Thibaudeau, Van Luven, Sheahan, Rust, Chopp, Ogden, Benton, Dyer, Blanton, Cole and Robertson
WHEREAS, Bill and Ruth Gerberding moved to Washington State in 1979 and have represented the University of Washington for the last sixteen years; and
WHEREAS, Dr. William P. Gerberding will resign his presidency at the University of Washington at the end of the 1994-95 academic year, June 30, 1995; and
WHEREAS, Dr. Gerberding will have been the longest-serving president in the history of the University of Washington; and
WHEREAS, The University of Washington has continued to be one of the finest institutions of higher learning in the nation under Dr. Gerberding's guidance; and
WHEREAS, Dr. Gerberding has been an education leader in
Washington State, the Northwest region, and the nation; and
WHEREAS, Dr. Gerberding has brought his wisdom, humor, drive, intelligence, and vision to a most demanding job; and
WHEREAS, Under the direction and guidance of Dr. Gerberding, the University of Washington successfully initiated the Campaign for Washington which inspired contributions from more than 70,000 individuals and several corporations and foundations totaling two hundred eighty-four million dollars in gifts and pledges from 1987 to 1992; and
WHEREAS, Dr. Gerberding has focused on undergraduate education as one of the University's top priorities with the appointment of a dean for Undergraduate Education and new programs such as the Entry-Level Initiative, freshman interest groups, and faculty seminars; and
WHEREAS, Dr. Gerberding was instrumental in the creation of a task force to examine the undergraduate experience, graduate education, and academic reorganization; and
WHEREAS, Dr. Gerberding has led the University to its number-one ranking for all public universities in federal research funding; and
WHEREAS, Dr. Gerberding has successfully led the way for the opening of two branch campuses in Bothell and Tacoma, bringing education opportunities to the broader communities of Washington State; and
WHEREAS, The University has grown under the watchful eye of Dr. Gerberding, adding the Kenneth S. Allen Library, a new Physics/Astronomy building, a new Chemistry building, and additions to the Magnuson Health Sciences Center; and
WHEREAS, Dr. Gerberding has created a successful work environment based upon a great respect for University faculty, which now includes four Nobel Prize recipients and thirty-four members of the National Academy of Sciences; and
WHEREAS, Dr. Gerberding has never wavered in his commitment to maintaining a diverse student body and faculty that represents the many cultural and ethnic populations in Washington State; and
WHEREAS, Ruth Gerberding has tirelessly supported the University of Washington and the greater community with her involvement in and her support of the Seattle Symphony, Cathedral Associates, Market Place North Homeowners Association, Hillside Guild, Meany Hall Advisory Committee, and the Seattle/Perugia Sister City Organization; and
WHEREAS, Ruth Gerberding gives of her time and expertise to serve on the boards of the Seattle Chamber Music Festival, The Market Foundation, The Washington State Committee of the National Museum of Women in the Arts, and The Achievement Rewards for College Scientists; and
WHEREAS, Ruth Gerberding has made innumerable contributions to the University, including her volunteer work for the University Hospital and the greater community;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor Bill and Ruth Gerberding for the dedicated service and commitment they have shown in their work and the innumerable contributions they have made to the University of Washington and the greater community of the state of Washington; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Bill and Ruth Gerberding.
Representative Sommers moved adoption of the resolution.
Representatives Sommers, Chopp, Reams, Carlson, Ebersole, Thibaudeau and Jacobsen spoke in favor of adoption of the resolution.
House Resolution No. 4622 was adopted.
The Speaker (Representative Horn presiding) introduced Doctor Gerberding of the University of Washington.
Doctor Gerberding of the University of Washington briefly addressed the House of Representatives.
HOUSE RESOLUTION NO. 95-4621, by Representatives Lambert, Thompson, Elliot, Pennington, Smith, Buck, Clements, Hargrove, Huff, Pelesky, Wolfe, Cooke, Campbell and Blanton
WHEREAS, It is the policy of the Washington State Legislature to recognize and honor those who support the success of legislative endeavors; and
WHEREAS, The 14th day of February marks the anniversary of the passing from this life of Saint Valentine, a holy priest of Rome, Italy, in the year of our Lord 270; and
WHEREAS, The memory of Saint Valentine is commemorated on the 14th day of February, of each and every year of our Lord, and has come to be known and observed as Saint Valentine's Day; and
WHEREAS, Saint Valentine's Day evokes in each person the ideals, values, and aspirations of true and faithful love, enduring and selfless sacrifice, and the timeless commitment for another; and
WHEREAS, Saint Valentine's Day evokes in each person, the quintessential virtues best epitomized by chivalry and courtliness, gallantry, and graciousness; and
WHEREAS, Saint Valentine's Day implores each person to act in the finest essence of romantic courtship and grace; and
WHEREAS, Phenomenal untold and countless demands, both professional and personal, are visited upon the elected representatives of the state of Washington through their civic duty, statecraft, governance, representation, and selfless service to the citizens of this great state of Washington; and
WHEREAS, The abiding and continuing success of each state representative is bolstered and made possible by their families, and especially the spouses, through their love, loyalty, faithfulness, steadfast devotion, compassionate understanding, unyielding support, and partnership, in the noble and honorable endeavors and arduous and exacting efforts of each representative;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor, commend, and recognize the families, especially the spouses, of each state representative of the state of Washington for their contribution to the honorable and noble efforts of the legislature of the state of Washington as set forth herein on this day of commemoration of Saint Valentine.
Representative Lambert moved adoption of the resolution.
Representative Lambert spoke in favor of adoption of the resolution.
House Resolution No. 4621 was adopted.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker called the House to order.
MOTION
On motion of Representative Foreman, House Bill No. 1912 was re-referred from the Committee on Education to the Committee on Health Care; House Bill No. 1697 was re-referred from the Committee on Law Justice to the Committee on Government Operations; House Bill No. 1882 was re-referred from the Committee on Government Operations to the Committee on Children & Family Services; House Bill No. 1187 was re-referred from the Committee on Appropriations to the Rules Committee and House Bill No. 1573 was re-referred from the Committee on Finance to the Rules Committee.
There being no objection, the House reverted to the seventh order of business.
THIRD READING
HOUSE INITIATIVE NO. 164, by Representative People of the State of Washington
Private property regulation.
The Initiative was read the third time.
Representatives Reams, D. Schmidt, Elliot, Hargrove, Van Luven, Wolfe, Schoesler, Foreman, Sheldon, Campbell and Johnson spoke in favor of passage of the Initiative.
Representatives Appelwick, Rust, Jacobsen, Regala, Patterson, Brown, Ogden, Sommers, Costa and G. Fisher spoke against the passage of the Initiative.
Representative Reams again spoke in favor of passage of the Initiative.
Representative Padden yielded to a question by Representative Foreman.
Representative Foreman: Representative Padden, does Initiative 164 impose any liability on State or Local Government retroactively; that is, will Government be required to pay for land restrictions which have already been imposed.
Representative Padden: No. Laws are presumed not to be retroactive, unless the Legislature clearly expresses a contrary intent for the new law to apply retroactively. There is nothing in the wording of this initiative which shows an intent to place liability on Government for regulations or restrictions on land which have already been imposed. The measure only applies to prospective imposition of restrictions on land use. Government will have the opportunity under Section 3 to avoid paying compensation for any future actions by choosing the least intrusive restrictions on the use of private property.
Representative Foreman: Is it the intent of this measure to require payment of compensation when Government prohibits or regulates offensive or unreasonable uses of property, such as adult bookstores in residential neighborhoods or the filling of wetlands which would cause flooding of neighboring property?
Representative Padden: No. Section 4(1)(b) and section 7(4) insulates the Government from responsibility for paying compensation when the Government restriction of property is designed to prevent a potential public nuisance or lessen an existing public nuisance. Existing law in RCW 7.48.120 defines nuisance as the: Doing of an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency or in any way renders other persons insecure in their life, or in the use of property.
The following section, RCW 7.48.130, explains that a public nuisance is one which affects a group or community of people or a neighborhood. Common law has also applied the public nuisance concept to a variety of harmful or unreasonable uses of property.
Regulations which are designed to prevent someone from using their land in a way which "annoys or injures" someone else is expressly exempt from the compensation requirements under this measure.
Representative Ebersole: Thank you Mr. Speaker. This is highly unusual if the majority party would like to offer an alternative to the Initiative, we would like to see it, but we would not like it to be done by oral colloquy on the floor of the House. To see a written alternative to the Initiative if there not satisfied with the one before us.
Speaker: Representative Foreman, please continue.
Representative Foreman: Does the Initiative unconstitutionally restrict local Government in the exercise of their police powers to protect the public health and safety?
Representative Padden: No. Article XI, section 11 of the Washington Constitution gives the local Government the authority to make health and safety regulations that " are not in conflict with general laws." Initiative 164 will be a general law which the constitution recognizes as a valid limitation on the regulatory authority of local Government.
Representative Ebersole: Thank you Mr. Speaker. Mr. Speaker, with all do respect I would acknowledge the chairman of the Judiciary committee's ability to interpret the Legislative intent of a measure that was drafted by the Legislature. He is interpreting the intent of the backers of the Initiative and the citizens who signed the Initiative. He has no knowledge of the intent of the Initiative.
Speaker: Representative Foreman, please continue.
Representative Foreman: Is the intent of Section 6's prohibition on requiring property owners to provide or pay for studies, maps, plans or reports mean that local Government can no longer require site plans or blue prints when one applies for a building permit?
Representative Padden: No. The intent of Section 6 in prohibiting Government from requiring private property owners to pay for such studies, maps, plans or reports only applies to situations where the Government is considering whether to restrict the use of private property for public use, such as when adopting a new regulation. In other words, when considering a new regulation on property usage, Government cannot force private property owners to provide the ammunition which will be used against them.
When one applies for a building permit, that is not the time at which the Government is considering whether to restrict property use. The Government is merely ensuring that the proposed use complies with all existing applicable zoning laws and building codes. This initiative is not intended to take away the authority of local Government to require blue prints or site plans when one applies of a building permit under existing regulations.
Representative Foreman: Is the intent of the measure only to provide additional remedies for Government actions which constitute takings of private property under the State and Federal Constitutions?
Representative Padden: No. The initiative provides several remedies in section 4 for property owners in which may be in addition to remedies provided by the takings clause of the constitution, such as the requirement that Government not regulate property so as to deprive one of access, the requirement that Government reduce property taxes when regulation has devalued property, and the requirement for repayment of attorneys' fees when a property owner prevails after having to go to court to enforce their rights.
However, the initiative is clearly intended to do more than add remedies for unconstitutional takings. It is intended to settle as a statutory matter an issue which is unsettled in constitutional law. Under this measure, the devaluation of property where Government regulation applies to only a part of a parcel of property is a taking requiring compensation under this measure. The courts have been inconsistent as to whether the constitution requires compensation when regulation restricts the use of only a part of a parcel of property.
Representative Foreman: What kinds of property interests are intended to be protected by this measure?
Representative Padden: Section 7(3) defines the kinds of property protected under this measure as anything protected under the State and Federal constitutions, and specifically lists any interest in land or improvements, proprietary water rights, and crops, forest lands, and resources. Since the Federal constitution protects only property interests recognized under State law, this measure does the same.
Representative Foreman: Is this measure intended to apply to normal zoning changes, such as the reduction of density, otherwise known as downzoning, or changes from one type of use to another?
Representative Padden: Normal downzoning constitutes a restraint on land use. Therefore, downzoning would be covered by section 3 which requires Government to conduct an analysis of economic impacts, to consider alternatives and to choose the alternative which has the least possible impact on private property.
However, typical zoning changes are not intended to be covered by the section that requires payment of compensation for reduction in value. Section(2) requires compensation when property is taken for public use. Property is taken for public use under Section 4(1) when property is designated for public benefit, such as for wetlands, wildlife habitat or buffers. Most zoning does not designate property for public use, but merely regulates the intensity and/or type of private use of the property. Exceptions which would require compensation include zoning that designates property for public uses, such as for parks or open space.
Representative Appelwick yielded to a question by Representative Dellwo.
Representative Dellwo: Representative Appelwick. Having sat through the hearings on this piece of Legislation, heard the testimony and done some research on your own and having heard the questions from the gentleman from the 12th District to the gentleman to the 4th District, do you concur in the conclusions that they have arrived at.
Representative Appelwick: I do not believe the answers to the questions stated represent the actual intent to the measure, but represent the opinions of the Speakers in a effort to redraft the bill and bootleg it into conformity with what they wish it to say. I believe instead that the court must be bound by the literal message and that the fact that this is an Initiative. The Legislature is not at the same liberty to interpret the intent as may be done with other colloquies, that this was an unprecedented attempt without putting an alterative on the ballot to, in essence, to create an alternative.
MOTION
On motion of Representative Talcott, Representative K. Schmidt was excused.
The Speaker stated the question before the House to be final passage of Initiative No. 164.
ROLL CALL
The Clerk called the roll on the final passage of Initiative No. 164 and the initiative passed the House by the following vote: Yeas - 69, Nays - 27, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 69.
Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Jacobsen, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 27.
Excused: Representatives Schmidt, K. and Skinner - 2.
Initiative No. 164, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Foreman, the House adjourned until 9:55 a.m., Thursday, February 16, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk