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THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 11, 1995

The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Ann Anderson, Cal Anderson, Drew, Franklin, Gaspard, Heavey, Kohl, Prentice, Prince, Rinehart, Roach, Schow, Smith and Swecker. On motion of Senator Loveland, Senators Cal Anderson, Gaspard, Heavey, Kohl, Prentice, Rinehart and Smith were excused.

The Sergeant at Arms Color Guard, consisting of Pages Casey Bruce and Ben Craighead, presented the Colors. Reverend Kathryn Everett, pastor of the First United Methodist Church of Olympia, offered the prayer.

MOTION

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

MESSAGE FROM THE SECRETARY OF STATE

The Honorable President of the Senate

Legislature of the State of Washington

Olympia, Washington 98504

Mr. President:

We herewith respectfully transmit for your consideration a copy of Initiative to the Legislature Number 164, originally filed with this office on August 2, 1994. On December 30, 1994, the sponsor of the proposed initiative filed 15,282 petition sheets in support of the measure. We have completed our preliminary canvass of these petition sheets and have determined that they contain 231,872 signatures.

Accordingly, pursuant to the provisions of Article 2, section 1 of the State Constitution, we are provisionally certifying Initiative to the Legislature Number 164 to you at this time. We expect to complete verification of signatures no later than February 13, 1995, and we will provide the Legislature with a final certification as soon as possible thereafter.

IN WITNESS WHEREOF, I have set my hand, and

affixed the Seal of the State of Washington at Olympia,

this tenth day of January, 1995.

(Seal) RALPH MUNRO,

Secretary of State

INITIATIVE MEASURE NO. 164

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 restrictions 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;

(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.

EDITOR'S NOTE: The copy of Initiative Measure No. 164, as submitted to the Senate, did not have a Section 5.

MOTION

On motion of Senator Spanel, Initiative Measure No. 164 was held on the desk.

MESSAGES FROM THE HOUSE

January 10, 1995

MR. PRESIDENT:

The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8401, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

January 10, 1995

MR. PRESIDENT:

The Speaker has signed HOUSE CONCURRENT RESOLUTION NO. 4401, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

HOUSE CONCURRENT RESOLUTION NO. 4401.

INTRODUCTION AND FIRST READING

SB 5097 by Senators Swecker, Snyder, Palmer, Haugen and Winsley

AN ACT Relating to preserving port district debt limits; and amending RCW 53.36.030.

Referred to Committee on Government Operations.

SB 5098 by Senators Loveland and Winsley

AN ACT Relating to county financial functions; reenacting RCW 3.02.045, 35.49.130, 36.17.042, 36.29.010, 39.44.130, 39.46.020, 39.46.030, 39.46.110, 39.50.030, 43.80.125, and 46.44.175; and creating a new section.

Referred to Committee on Government Operations.

SB 5099 by Senators Fairley and McAuliffe

AN ACT Relating to community public health and safety networks; and amending RCW 70.190.005, 70.190.070, and 70.190.080.

Referred to Committee on Human Services and Corrections.

SB 5100 by Senator Fairley

AN ACT Relating to community public health and safety networks; and amending RCW 70.190.070.

Referred to Committee on Human Services and Corrections.

SB 5101 by Senators Drew, Oke, Haugen and Winsley (by request of Department of Fish and Wildlife)

AN ACT Relating to game fish catch record cards; and amending RCW 77.32.050, 77.32.060, 77.32.070, 77.32.090, 77.32.250, 77.32.256, and 77.32.360.

Referred to Committee on Natural Resources.

SB 5102 by Senators Rinehart and West (by request of Office of Financial Management)

AN ACT Relating to fiscal matters; making appropriations and authorizing expenditures for the operations of state agencies for the fiscal biennium beginning July 1, 1995, and ending June 30, 1997; amending RCW 41.06.150 and 90.56.510; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5103 by Senators Rinehart and West (by request of Office of Financial Management)

AN ACT Relating to fiscal matters; amending 1994 sp.s. c 6 ss 110, 111, 113, 117, 119, 122, 218, 124, 132, 138, 142, 145, 202, 203, 204, 205, 206, 208, 212, 213, 214, 216, 217, 221, 223, 224, 225, 303, 310, 311, 313, 314, 315, 502, 503, 504, 505, 507, 508, 509, 510, 511, 512, 516, 602, 603, 604, 606, 613, 617, 803, and 804 (uncodified); 1994 sp.s. c 7 s 919 (uncodified); 1993 sp.s. c 24 ss 201, 218, 711, and 804; 1993 sp.s. c 22 s 816 (uncodified); adding new sections to 1993 sp.s. c 24 (uncodified); repealing 1993 sp.s. c 2 s 709 (uncodified); making appropriations; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5104 by Senators Loveland and West (by request of Office of Financial Management)

AN ACT Relating to the capital budget; making appropriations and authorizing expenditures for the capital improvements; creating new sections; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5105 by Senators Loveland and West (by request of Office of Financial Management)

AN ACT Relating to general obligation bonds; and adding a new chapter to Title 43 RCW.

Referred to Committee on Ways and Means.

SB 5106 by Senators Morton, Owen, Drew, Sellar, Hochstatter, Fraser, Newhouse, Prince, Haugen and Oke

AN ACT Relating to grizzly bear management; and adding a new section to chapter 77.12 RCW.

Referred to Committee on Natural Resources.

SB 5107 by Senator Smith

AN ACT Relating to survival of actions; and amending RCW 4.24.010, 43.20B.415, and 43.20B.445.

Referred to Committee on Law and Justice.

SB 5108 by Senators Snyder, Winsley and Palmer

AN ACT Relating to hunting licenses; and amending RCW 77.32.155.

Referred to Committee on Natural Resources.

SB 5109 by Senator Quigley

AN ACT Relating to reviewing programs at institutions of higher education scheduled for closure; and amending RCW 28B.80.340.

Referred to Committee on Higher Education.

SB 5110 by Senator Quigley

AN ACT Relating to abolishing the office of lieutenant governor; amending RCW 28B.07.030, 29.30.020, 29.80.030, 29.81.090, 41.60.015, 43.01.010, 43.03.010, 43.03.011, 43.03.020, 43.06.040, 43.33.010, 43.34.010, 43.43.858, 44.52.010, and 70.37.030; adding a new section to chapter 43.06 RCW; and providing for submission of this act to a vote of the people.

Referred to Committee on Government Operations.

SB 5111 by Senators Quigley and Pelz

AN ACT Relating to abolishing the office of the superintendent of public instruction; creating a new section; and providing a contingent effective date.

Referred to Committee on Government Operations.

SB 5112 by Senator Quigley

AN ACT Relating to abolishing the office of the commissioner of public lands; creating a new section; and providing a contingent effective date.

Referred to Committee on Government Operations.

SB 5113 by Senator Quigley

AN ACT Relating to abolishing the office of the state treasurer; creating a new section; and providing a contingent effective date.

Referred to Committee on Government Operations.

SB 5114 by Senator Quigley

AN ACT Relating to abolishing the office of the insurance commissioner; creating a new section; and providing for submission of this act to a vote of the people.

Referred to Committee on Government Operations.

SB 5115 by Senators Quigley, McAuliffe and Pelz

AN ACT Relating to political telemarketing; and amending RCW 42.17.020 and 42.17.510.

Referred to Committee on Law and Justice.

SB 5116 by Senator Quigley

AN ACT Relating to campaign contribution and spending limits; amending RCW 42.17.610, 42.17.620, 42.17.390, 42.17.395, 42.17.640, 42.17.660, 42.17.680, and 42.17.690; adding new sections to chapter 42.17 RCW; adding a new section to chapter 29.80 RCW; prescribing penalties; and providing for submission of this act to a vote of the people.

Referred to Committee on Law and Justice.

SB 5117 by Senators West, Deccio, A. Anderson, Rasmussen, Cantu, Oke, McCaslin, Roach, Prince, Schow, Moyer, Swecker, Hochstatter, Johnson, Long, Finkbeiner, Palmer, Morton, Sellar, Newhouse, Haugen, Loveland, Owen, Bauer and Hargrove

AN ACT Relating to employment of minors; amending RCW 49.12.121; and creating a new section.

Referred to Committee on Labor, Commerce and Trade.

SB 5118 by Senators Winsley, Long, Bauer, Loveland and Fraser

AN ACT Relating to the calculation of excess compensation for retirement purposes; and amending RCW 41.50.150.

Referred to Committee on Ways and Means.

SB 5119 by Senators Bauer, Long, Winsley, Loveland, Newhouse, Fraser, Gaspard, Haugen, Sutherland and McAuliffe

AN ACT Relating to cost-of-living allowances for retirement purposes; reenacting and amending RCW 41.32.010 and 41.40.010; adding new sections to chapter 41.32 RCW; adding new sections to chapter 41.40 RCW; creating a new section; repealing RCW 41.32.487, 41.32.4871, 41.32.488, 41.32.499, 41.32.575, 41.40.195, 41.40.198, 41.40.1981, 41.40.1983, and 41.40.325; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5120 by Senators Long, Newhouse, Bauer, Winsley, Loveland, Fraser and Haugen

AN ACT Relating to death benefits under the law enforcement officers' and fire fighters' retirement system; amending RCW 41.26.510 and 41.26.540; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5121 by Senators Rasmussen, Morton, Snyder, Newhouse, Loveland, A. Anderson, Hochstatter, Haugen and Deccio

AN ACT Relating to agricultural safety standards review; adding a new section to chapter 49.17 RCW; creating new sections; and declaring an emergency.

Referred to Committee on Agriculture and Agricultural Trade and Development.

SJR 8203 by Senators Quigley and Pelz

Abolishing the office of the superintendent of public instruction.

Referred to Committee on Government Operations.

SJR 8204 by Senator Quigley

Amending the Constitution to eliminate the position of commissioner of public lands.

Referred to Committee on Government Operations.

SJR 8205 by Senator Quigley

Amending the Constitution to eliminate the state treasurer.

Referred to Committee on Government Operations.

SJR 8206 by Senator Quigley

Abolishing the secretary of state.

Referred to Committee on Government Operations.

MOTIONS

On motion of Senator Spanel, the Committee on Health and Long-Term Care was relieved of further consideration of the following Gubernatorial Appointments:

Gubernatorial Appointment No. 9009, Dr. Dean Brooks, as Chair of the State Hospital, Western Washington Advisory Board;

Gubernatorial Appointment No. 9016, Dr. Dennis Dyck, Member, State Hospital, Eastern Washington Advisory Board;

Gubernatorial Appointment No. 9023, Ruth Hagerott, Member, State Hospital, Western Washington Advisory Board;

Gubernatorial Appointment No. 9032, Dr. Jess Jamieson, Member, State Hospital, Western Washington Advisory Board;

Gubernatorial Appointment No. 9038, Fran Lewis, Member, State Hospital, Western Washington Advisory Board;

Gubernatorial Appointment No. 9049, John Murphy, Member, State Hospital, Eastern Washington Advisory Board;

Gubernatorial Appointment No. 9050, Gregory Ochoa, Member, State Hospital, Eastern Washington Advisory Board;

Gubernatorial Appointment No. 9078, Janda Volkmer, Member, State Hospital, Western Washington Advisory Board;

Gubernatorial Appointment No. 9085, Cornell Cebrian, Member, State Hospital, Western Washington Advisory Board;

Gubernatorial Appointment No. 9090, Arlene B. Engel, Member, State Hospital, Western Washington Advisory Board;

Gubernatorial Appointment No. 9094, Darrell Hamilton, Member, State Hospital, Western Washington Advisory Board; and

Gubernatorial Appointment No. 9066, Shirley Smith, as Director of the Department of Services for the Blind.

On motion of Senator Spanel, the following Gubernatorial Appointments were referred to the Committee on Human Services and Corrections: