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FIRST SPECIAL SESSION
TWENTY-FOURTH DAY
- - - - - - -
MORNING SESSION
- - - - - - -
Senate Chamber, Olympia, Wednesday, May 17, 1995
The Senate was called to order at 10:30 a.m. by President Pritchard. No roll call was taken.
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 GOVERNOR
May 16, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 16, 1995, Governor Lowry approved the following Senate Bills entitled:
Second Substitute Senate Bill No. 5003
Relating to the deposit of interest earnings from agricultural funds and accounts.
Engrossed Senate Bill No. 5011
Relating to forest products.
Substitute Senate Bill No. 5092
Relating to library facilities.
Substitute Senate Bill No. 5106
Relating to grizzly bear management.
Second Substitute Senate Bill No. 5157
Relating to conspicuous external marking of hatchery produced chinook salmon and coho salmon.
Engrossed Substitute Senate Bill No. 5190
Relating to tattooing of minors.
Substitute Senate Bill No. 5315
Relating to agriculture and marketing.
Substitute Senate Bill No. 5567
Relating to providing for the preservation of single-family residential neighborhoods.
Engrossed Substitute Senate Bill No. 5616
Relating to watershed restoration projects.
Engrossed Senate Bill No. 5776
Relating to the integration of water resources and growth management.
Substitute Senate Bill No. 5800
Relating to developmental disabilities.
Engrossed Senate Bill No. 5873
Relating to raising the fine for parking in places reserved for physically disabled persons.
Substitute Senate Bill No. 5905
Relating to persistent prison misbehavior.
Engrossed Senate Bill No. 5943
Relating to convention and trade centers.
Senate Bill No. 5990
Relating to requiring public notice prior to entering into agreements to pay certain types of excess compensation.
Engrossed Senate Bill No. 6037
Relating to the creation of the Washington independent regulatory affairs commission.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 16, 1995, Governor Lowry approved the following Senate Bills entitled:
Substitute Senate Bill No. 5127
Relating to public facilities districts.
Substitute Senate Bill No. 5854
Relating to women's health care.
Substitute Senate Bill No. 5977
Relating to forensic investigations.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Senate Bill No. 5108 entitled:
"AN ACT Relating to hunting licenses;"
Senate Bill No. 5108 reverses current policy by eliminating hunter education requirements for the purchase of a hunting license for new hunters 18 years of age or older.
Hunter education courses save lives and prevent injury. They also promote good hunting practices and respect for private property. Other states agree: forty-eight states require mandatory hunter education, and twenty-nine states have regulations which require first time hunters of any age, or adults born after a certain date, to complete a hunter education course. From 1987-1993 the state of Washington averaged over 2 fatal and 19 nonfatal hunting accidents per year. We cannot afford to weaken a program that serves to reduce accidents and save lives.
The cost of the program to new hunters averages $5. Certification lasts a lifetime. Although new hunters may be inconvenienced, this does not justify removing the current requirement.
I will ask the Fish and Wildlife Commission to work with the State Hunter Education Instructors Association and with other interested parties to ensure that an adequate number of courses are provided at times and places sufficient to allow accessibility to all prospective hunters.
For these reasons, I have vetoed Senate Bill No. 5108 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Engrossed Senate Bill No. 5610 entitled:
"AN ACT Relating to false allegations of child abuse or neglect;"
Engrossed Senate Bill No. 5610 creates civil and criminal penalties for persons making, or inducing others to make, false allegations of child abuse or neglect during the course of a proceeding relating to a parenting plan or child custody. Such false allegations are a serious matter and an issue worthy of legislative attention. However, this bill broadly duplicates and expands current law, imposing penalties which are out of proportion to the problem.
The civil fines and penalties provided in section 1 of this legislation may be applied to witnesses as well as parties and attorneys. Because the court has no jurisdiction over witnesses, such an imposition will result in additional proceedings in an already overcrowded court system. Regrettably, this penalty could be used by unscrupulous litigants as a tool to intimidate or harass mental health counselors, guardians ad litem, and other witnesses. We must not allow such actions to increase the risk of harm to our state's children or to increase the potential of individuals remaining silent out of fear.
Section 2 of Engrossed Senate Bill No. 5610 establishes a presumption that a parent's residential time with a child should be limited if it is found the parent has made false allegations of abuse or neglect. This is duplicative of the limiting provisions relating to the abusive use of conflict in RCW 26.09.191. A pattern of abusive use of conflict may, in the court's judgment, be an appropriate reason to limit the time a parent may spend with a child. A single false allegation, however, does not rise to the same level of magnitude and is not fairly a reliable indicator of a person's parenting ability.
Section 3 of the bill provides that an individual who knowingly makes, or causes another to make, a false allegation of abuse or neglect is guilty of a Class C felony. Such a penalty is an unduly severe remedy for a situation adequately addressed under current law. The change from the current punishment of up to 90 days in jail and a $1000 fine to confinement for up to 5 years and a $5000 fine is unwarranted and repressive.
We should respect the discretion and ability of our family court judges to use the tools already at their disposal rather than risk the intimidation of those who would otherwise bring concerns or allegations to the attention of the court.
For these reasons, I have vetoed Engrossed Senate Bill No. 5610 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Substitute Senate Bill No. 5751 entitled:
"AN ACT Relating to alcoholic beverages;"
Substitute Senate Bill No. 5751 leaves a person "apparently under the influence of liquor" subject to a civil fine of between $100 and $200 for purchasing or consuming liquor in an establishment licensed by the liquor control board. Although the bill establishes a civil, rather than a criminal penalty for violating the statute, it nonetheless steps back from the state's policy as established in RCW 70.96A.010 declaring that, "alcoholics and intoxicated persons may not be subjected to criminal prosecution solely because of their consumption of alcoholic beverages, but should...be afforded a continuum of treatment..."
Substitute Senate Bill No. 5751 establishes violation based on the appearance of inebriation, rather than on an objective, measurable standard. The broad language of the bill raises the possibility of wide disparity in its application to the population generally and presents an unacceptably high potential to compound discrimination already faced by people with certain disability characteristics. An individual with slurred speech or an uneven gait may well give others the impression that they are inebriated in spite of the fact they have consumed no alcohol.
Although the intent of the bill is to provide equity in penalizing the purchaser as well as the server, this bill will likely result in confusion and misapplication. Stiff penalties would -- and should -- be assessed if a person attempts to drive a vehicle while intoxicated or would otherwise constitute a danger to others. However, if someone has made arrangements, such as designating a driver who remains sober, there is no legitimate public policy purpose behind their being fined solely on the basis of appearing to be under the influence of alcohol.
I have requested that the Liquor Control Board work with the drafters of this legislation over the interim to carefully tailor language that better achieves their objective. Moreover, I have asked the Liquor Control Board to analyze the current law and agency rules related to serving individuals who are apparently intoxicated. The misapplication of well intended rules due to appearance factors other than intoxication must be assessed and prevented.
For these reasons, I am vetoing Substitute Senate Bill No. 5751 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Substitute Senate Bill No. 5795 entitled:
"AN ACT Relating to reduction of city limits;"
Substitute Senate Bill No. 5795 would reduce the threshold for areas of the City of Seattle to withdraw from the city. Under current law, such withdrawals require a petition signed by ten percent of the registered voters in the entire city in the last general election. In the election that would follow, the city as a whole would vote on the proposal. The proposal would require a sixty percent affirmative vote for approval.
This bill would make such withdrawals considerably easier. It would require signatures of at least twenty-five percent of the registered voters in the area wishing to withdraw. The area wishing to withdraw would have to be at least ten percent of the population of the city as a whole. In the election, only the area seeking to withdraw would be able to vote on the proposition.
The state has adopted laws in a number of areas to allow local communities to change the nature of local governance to meet the changing needs of local communities. It is appropriate that avenues be available to allow local citizens to seek new ways to address their common governance needs.
Substitute Senate Bill No. 5795, however, has the potential to create substantial unintended problems. It would not only allow any area with ten percent of the population of the city to move to separate from the city, but it would also eliminate the jurisdiction of the boundary review board over that separation. This opens the possibility of multiple, overlapping proposals for boundary changes with no authorized way to alleviate the boundary confusion. Similarly, in an effort to provide an adequate tax base, competing proposals for new cities could vie for high tax income areas -- such as downtown office towers or retail centers -- with no way to resolve their rival claims.
While this surely is not the intent of the bill's proponents, the current provisions would make such an outcome a very real possibility.
For these reasons, I am vetoing Substitute Senate Bill No. 5795 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MOTION
On motion of Senator Spanel, the messages on the vetoes of Senate Bill No. 5108, Engrossed Senate Bill No. 5610, Substitute Senate Bill No. 5751, and Substitute Senate Bill No. 5795 were held on the desk.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Joel Pritchard
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Mr. President:
We respectfully transmit for your consideration the following bills which have been partially vetoed by the Governor, together with the official veto messages of the Governor setting forth his objections to the sections or items of the bills as required by Article III, section 12, of the Washington State Constitution:
Sections 4, 8, and 9, of Engrossed Second Substitute Senate Bill No. 5064, the remainder of which has been designated Chapter 367, Laws of 1995 Regular Session;
Sections 11 and 12, of Engrossed Substitute Senate Bill No. 5093, the remainder of which has been designated Chapter 369, Laws of 1995 Regular Session.
Section 3, of Engrossed Substitute Senate Bill No. 5121, the remainder of which has been designated Chapter 371, Laws of 1995 Regular Session;
Section 4, of Second Substitute Senate Bill No. 5387, the remainder of which has been designated Chapter 375, Laws of 1995 Regular Session;
Section 5 and 16, of Engrossed Second Substitute Senate Bill No. 5448, the remainder of which has been designated Chapter 376, Laws of 1995 Regular Session;
Sections 3, 4, and 5, of Senate Bill No. 5652, the remainder of which has been designated Chapter 379, Laws of 1995 Regular Session;
Section 9, of Senate Bill No. 5655, the remainder of which has been designated Chapter 380, Laws of 1995 Regular Session;
Section 3, of Engrossed Senate Bill No. 5770, the remainder of which has been designated Chapter 381, Laws of 1995 Regular Session;
Sections 3 and 21, of Engrossed Substitute Senate Bill No. 5684, the remainder of which has been designated Chapter 397, Laws of 1995 Regular Session;
Sections 1, 4, 5, and 6, of Engrossed Substitute Senate Bill No. 5244, the remainder of which has been designated Chapter 401, Laws of 1995 Regular Session;
Sections 6, 7, 8, 9, 10, 19, 20, and 29, of Engrossed Second Substitute Senate Bill No. 5632, the remainder of which has been designated Chapter 402, Laws of 1995 Regular Session.
IN TESTIMONY WHEREOF, I have hereunto set my hand,
and affixed the Seal of the state of Washington, this 17th day
of May, 1995.
(Seal) GARY MCINTOSH,
Director of Elections
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 4, 8, and 9, Engrossed Second Substitute Senate Bill No. 5064 entitled:
"AN ACT Relating to regional fisheries enhancement program;"
Engrossed Second Substitute Senate Bill No. 5064 makes changes to funding and assistance provided to regional fisheries enhancement groups. It will provide additional needed revenue to these groups by transferring funds from the sale of eggs and carcasses from state operated hatcheries to the regional enhancement group account.
Section 4 exempts regional fisheries enhancement groups and fish and wildlife cooperative fish habitat and fish passage projects from the state Shorelines Management Act. This language is substantially equivalent to that contained in Substitute Senate Bill No. 5155. Because Substitute Senate Bill No. 5155 provided this same exemption to all public groups, including regional fisheries enhancement groups, this section is unnecessary.
Section 8 of Engrossed Second Substitute Senate Bill No. 5064 requires the revenue from the sales of eggs and carcasses authorized under section 9 to be deposited into the regional fisheries enhancement group account. Section 9 directs the Department of Fish and Wildlife to establish a program that will allow each of the twelve regional fisheries enhancement groups to sell eggs and carcasses from fish returning to their group project. The revenue from these sales is deposited into the regional fisheries enhancement group account for reallocation to the group or groups sponsoring the project.
The Department of Fish and Wildlife is authorized under present law to sell eggs and carcasses from group projects. The revenue from these sales goes to the regional fisheries enhancement group account for reallocation to the group or groups sponsoring the project. Allowing each of the groups to individually undertake sales would make accountability more difficult and potentially jeopardize the department's present ability to dispose of carcasses from state owned facilities.
I am directing the Department of Fish and Wildlife to work with the regional fisheries enhancement groups to assure an appropriate level of income from the sales of eggs and carcasses and to assure distribution of those funds to these groups.
For these reasons, I have vetoed sections 4, 8, and 9 of Engrossed Second Substitute Senate Bill No. 5064.
With the exception of sections 4, 8, and 9, Engrossed Second Substitute Senate Bill No. 5064 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 11 and 12, Engrossed Substitute Senate Bill No. 5093 entitled:
"AN ACT Relating to fire protection;"
Section 11 of Engrossed Substitute Senate Bill No. 5093 establishes the Chief of the State Patrol as responsible for declaring fire mobilizations under the Washington Fire Mobilization Plan (plan). As stated in the plan, this action is the responsibility of the state emergency management program.
Because the emergency management program has responsibility for compensating local jurisdictions under the plan and because the existing policy regarding the mobilization decision was developed after extensive discussion with representatives of affected fire and emergency management organizations, I believe that the state emergency management program should maintain control of the decision to mobilize fire resources. I expect that the emergency management program and the fire services program will continue to work together, following a mobilization decision, to ensure that resources are used in an effective and coordinated manner. Section 12 references the Chief of the State Patrol exercising mobilization authority and is, therefore, properly vetoed as a result of my action on section 11.
For these reasons, I have vetoed sections 11 and 12 of Engrossed Substitute Senate Bill No. 5093.
With the exception of sections 11 and 12, Engrossed Substitute Senate Bill No. 5093 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 3, Engrossed Substitute Senate Bill No. 5121 entitled:
"AN ACT Relating to agricultural safety standards;"
Engrossed Substitute Senate Bill No. 5121 is very good legislation which makes a number of changes related to agricultural safety standards. It provides equal treatment for farm workers in the area of workplace safety standards and provides technical assistance for agricultural employers.
However, section 3 of this bill prohibits the adoption of additional safety rules by the Department of Labor and Industries (L&I) unless those rules are mandated by federal law, or are specifically authorized by the Legislature. I believe this section represents an unwise change in policy and creates a situation where agricultural workers do not receive protections equal to those of other workers. The federal Occupational Safety and Health Act of 1970 (OSHA) establishes minimum safety standards that states must meet or exceed for all workers. Section 3 would establish OSHA rules not as a minimum standard, as is the case for other workers, but as a maximum standard for farm worker safety.
Farm workers are an integral part of the state's labor force. They are entitled to the same respect and safe working conditions enjoyed by all other workers. By restricting rule making activities, section 3 undermines the worker protective policy embodied in the Washington Industrial Safety and Health Act. In addition, it would unnecessarily inhibit L&I from taking action to simplify rules, improve current practices, lessen regulatory burdens, respond to changes in agricultural technology or techniques, and respond to issues brought forth by industry.
For these reasons, I am vetoing section 3 of Engrossed Substitute Senate Bill No. 5121.
With the exception of section 3, Engrossed Substitute Senate Bill No. 5121 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 1, 4, 5, and 6, Engrossed Substitute Senate Bill No. 5244 entitled:
"AN ACT Relating to the definition of "dependent child" for purposes of aid to families with dependent children;"
The primary goal of Engrossed Substitute Senate Bill No. 5244 is to provide information and support to parents whose children have chosen to leave home. Letting parents know, in appropriate situations, that their child is safe, living with a relative, and receiving public assistance benefits is an important improvement to children's services. It is equally important to let these parents know that family reconciliation services are available. This policy is parallel to the provisions which encourage parental notification contained in Engrossed Second Substitute Senate Bill No. 5439 (the Becca Bill), previously enacted into law, and to the Runaway Hotline which facilitates family reconciliation through the provision of information about services available to families.
However, this bill also relieves parents, whose child has left home without their permission, from the obligation to financially support that child if the child is receiving Aid to Families with Dependent Children (AFDC). The state of Washington expects all parents to provide their children with care, support, and guidance. This obligation extends to cases where circumstances are such that a child leaves the parental home, moves in with a relative, and receives AFDC. There is no justification for requiring the taxpayer to support these children and not look to their parents for a contribution to this cost.
For this reason, I am vetoing sections 1, 4, 5, and 6 of Engrossed Substitute Senate Bill No. 5244.
With the exception of sections 1, 4, 5, and 6, Engrossed Substitute Senate Bill No. 5244 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 4, Second Substitute Senate Bill No. 5387 entitled:
"AN ACT Relating to taxation of new and rehabilitated multiple-unit housing in urban centers;"
Second Substitute Senate Bill No. 5387 represents an attempt to increase the availability of residential housing in urban areas.
I have concerns with this bill. No provision is included to prevent the erosion of low-income housing as property owners seek the benefit of the special valuation and build new housing or renovate existing housing stocks. Neither is any attempt made to mitigate the impact on low-income tenants who must relocate if their current residence is renovated.
It is clearly the intent of the Legislature to provide local governments flexibility in determining specific building requirements to address the public interest in a number of areas related to real estate use and urban development. It is hard to imagine, given the history of the discussions which led to this legislation, that the Legislature intended to ignore the pressing need to maintain the state's supply of low-income housing. In signing this bill, it is my expectation that local jurisdictions ensure that the amount of low-income housing is not eroded and that low-income tenants do not bear the burden of relocating when a property owner enjoys the benefit of the special valuation created by this law.
Section 4 of Second Substitute Senate Bill No. 5387 restates limitations contained in separate sections of the bill. Section 4 limits the use of the special valuations authorized under the act to applicants within locally designated residential targeted areas of cities planning under the Growth Management Act. Section 3(1) limits the definition of a city to a city or town of 150,000 population planning under the Growth Management Act. Section 6(1) requires applicants for the special valuation to be located in a residential targeted area designated by a city. Because the limitations in section 4 are addressed elsewhere, this provision is unnecessary.
For this reason, I have vetoed section 4 of Second Substitute Senate Bill No. 5387.
With the exception of section 4, Second Substitute Senate Bill No. 5387 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 5 and 16, Engrossed Second Substitute Senate Bill No. 5448 entitled:
"AN ACT Relating to public water systems;"
I praise the hard work and commitment of the Legislature in passing Engrossed Second Substitute Senate Bill No. 5448 as well as the Drinking Water 2000 Task Force for their recommendations to the Legislature to assure that Washington residents continue to have access to safe drinking water.
This bill makes a number of statutory changes to improve operation and management of small drinking water systems, to clarify coordinated water system planning processes and responsibilities, and to enhance local government decision-making regarding water systems -- a critical component of local land use planning.
Section 5 of Engrossed Second Substitute Senate Bill No. 5448 attempts to exclude water systems of two, three, or four connections from all state or local regulations. However, the statute amended by this section does not affect the regulatory authority of state or local jurisdictions over these small systems and, therefore, provides incomplete and unclear policy direction.
Section 16 of Engrossed Second Substitute Senate Bill No. 5448 would double the number of connections that can be made to a 5,000 gallon per day exempt well from 6 to 12. The 6 connections now allowed are based on the Department of Health's (DOH) water system sizing criteria. DOH is in the process of reviewing sizing criteria to more accurately reflect the needs of specific water system designs. Arbitrarily increasing the number of connections from 6 to 12 circumvents the process already underway and may have unintended impacts on public water systems.
For these reasons, I am vetoing sections 5 and 16 of Engrossed Second Substitute Senate Bill No. 5448.
With the exception of sections 5 and 16, Engrossed Second Substitute Senate Bill No. 5448 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 6, 7, 8, 9, 10, 19, 20, and 29, Engrossed Second Substitute Senate Bill No. 5632 entitled:
"AN ACT Relating to flood damage reduction;"
Engrossed Second Substitute Senate Bill No. 5632 makes changes to the way local governments and state agencies are to plan for and to prevent flooding. The intent and much of the content of the bill is laudable. We do need to work together to reduce the likelihood of damage from future floods. I commend the members of the Legislature for their hard work on this difficult task.
I am concerned, however, that this bill removes or significantly weakens many protections for our environment in favor of allowing nearly unfettered dredging and diking of our rivers. Instead, we must take a balanced approach that includes adapting our land use practices to reduce flood damage.
Section 6 adds definitions to the hydraulic code which is a primary tool for protecting fish habitat. These changes would have the effect of limiting the application of the code and would cause confusion to the applications. It could also make it harder to deal with real emergencies.
Section 7 places portions of the hydraulic code rules in statute with changes that would be detrimental to fish habitat, including changing the minimum gradient required in hydraulic excavations. This change reduces flexibility of the Department of Fish and Wildlife and decreases the opportunities to work with permittees to consider site specific conditions.
Sections 8 and 9 amend the hydraulic code and require the Department of Fish and Wildlife to approve a hydraulic application if the project protects a structure that is likely to incur significant flood damage during the next flood season. Approval is also mandated if the project provides fish habitat productivity equivalent to pre-project conditions within two years. This requirement places an unreasonable burden on the Department of Fish and Wildlife to predict future floods. It could also place certain fish runs at grave risk.
The overall effect of sections 6, 7, 8, and 9 would be to reduce the effectiveness of the Department of Fish and Wildlife in working with permittees to ensure that instream projects do little harm to fish habitat. At a time when we have so much to do to restore and protect salmon runs in our state, it is inappropriate to further limit one of the few tools we have to protect salmon habitat. I believe strongly that the Department of Fish and Wildlife should continue to extend the utmost cooperation to permit applicants, especially for projects to reduce flood damage. I am directing the Department of Fish and Wildlife, along with my staff, to review the permitting process and to suggest ways to make the hydraulic code more user-friendly.
Sections 10 and 19 award legal and engineering costs to aggrieved permit applicants but not to others who might appeal a permitting decision. An applicant might want to raise a flood control dike with the effect of shifting floodwater to a landowner downstream. That downstream landowner should have the same possibility of being awarded costs upon successful appeal as the permit applicant. Sections 901-904 of Engrossed Substitute House Bill No. 1010 allow a broader range of individuals to recover up to $25,000 of the cost of appealing an agency action -- including permit decisions.
Section 20 directs "each appropriate agency" to encourage the removal of gravel where there is a flood damage reduction benefit. The same agencies are to "consider the benefits of a designed, open-channel hydraulic engineering criteria to facilitate the natural downstream movement of detrimental material." This directive is contrary to agencies' missions elsewhere in statute, such as protecting fish and wildlife and conserving shorelines.
Section 29 is an emergency clause providing that this bill take effect immediately upon my signing. This legislation addresses issues of overwhelming importance to the people of this state. Preventing this bill from being subject to a referendum under Article II, section 1 (b) of the state Constitution unnecessarily denies the people of this state their power, at their own option, to approve or reject this bill at the polls.
For these reasons, I have vetoed sections 6, 7, 8, 9, 10, 19, 20, and 29 of Engrossed Second Substitute Senate Bill No. 5632.
With the exception of sections 6, 7, 8, 9, 10, 19, 20, and 29, Engrossed Second Substitute Senate Bill No. 5632 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 3, 4, and 5, Senate Bill No. 5652 entitled:
"AN ACT Relating to welfare fraud;"
Senate Bill No. 5652 addresses the issue of welfare fraud and provides that persons convicted under RCW 74.08.331 will be ineligible to receive public assistance for a specified period. Sections 3, 4, and 5 require the Department of Social and Health Services (DSHS) to reinstate the Systematic Alien Verification for Entitlement (SAVE) program. DSHS's past experience with this program has established that it is an inefficient and costly method of identifying fraudulent applications for assistance. Furthermore, the federal government has, through several agencies, come to the same conclusion: the SAVE program costs about twice as much as is saved. This has been verified by the General Accounting Office and DSHS. Washington is one of many states that has decided this program is ineffective.
This state is in no way supportive of granting benefits to illegal immigrants who are not eligible for assistance. DSHS currently has effective mechanisms in place to identify fraud of this kind. Elaborate systems exist throughout interagency agreements with the Social Security Administration and the Immigration and Naturalization Service which double check immigration status to ensure recipients are eligible for service. The SAVE program will not serve to enhance those efforts.
For these reasons, I have vetoed sections 3, 4, and 5 of Senate Bill No. 5652.
With the exception of sections 3, 4, and 5, Senate Bill No. 5652 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 9, Senate Bill No. 5655 entitled:
"AN ACT Relating to rail freight service;"
Senate Bill No. 5655 makes several substantive changes in existing statutes improving the laws that govern the role the state will play in the preservation and development of the freight rail system. This issue is important to a state like Washington which has an increasing economic reliance on rail systems.
However, section 9 of Senate Bill No. 5655 creates a new advisory group to be known as the Freight Rail Policy Advisory Committee. Avoiding the unnecessary creation of such committees has been and remains a goal of this administration. Indeed, according to the law passed just a year ago, it is also legislative policy to curtail the proliferation of these groups. Under the law, we must ask, "Could the work of the board or commission be done by an ad hoc committee?" Since the work of the Freight Rail Policy Advisory Committee could be done by a group appointed by and operated under existing authorities of the Department of Transportation, there is no reason to unnecessarily mandate this committee in statute.
Since it is important that the Department of Transportation seek guidance from interested parties as it exercises the authorities granted in this bill, I have sought and have received assurances from the department that they will create and will work with an ad hoc committee of this nature.
For this reason, I have vetoed section 9 of Senate Bill No. 5655.
With the exception of section 9, Senate Bill No. 5655 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 3 and 21, Engrossed Substitute Senate Bill No. 5684 entitled:
"AN ACT Relating to public disclosure;"
Engrossed Substitute Senate Bill No. 5684 makes many important and necessary changes to our public disclosure and campaign practices laws which I strongly support. It incorporates most of the recommendations of the Public Disclosure Commission's (PDC) request legislation. It also enacts many of the campaign practices recommendations of the Commission on Ethics and Campaign Practices that were introduced at my request in Substitute Senate Bill No. 5576. The Legislature is to be commended for making significant improvements in this complex and controversial area of law designed to protect the public's right to know.
However, I do not believe section 3 of Engrossed Substitute Senate Bill No. 5684 to be consistent with the underlying principles of openness and full disclosure of political campaign financing. Section 3 would prevent the PDC from requiring the reporting of additional information about contributors, other than their names, addresses, and the amount and date of their contribution. The apparent purpose of this provision is to protect the privacy of contributors.
The PDC currently has clear and specific statutory authority to require additional contributor information in conformance with the policies and purposes of this law. Consistent with this authority, the PDC, by rule, has required the reporting of the occupation and the name and address of the employer for larger contributors -- those who contribute $100 or more. This additional reporting requirement is designed to disclose possible patterns of coordinated contributions to candidates and to ballot measures by large organizations or businesses who may attempt to circumvent contribution limits.
Employer and occupational information is critical to identifying and disclosing these patterns and to detecting violations of the "anti-laundering" laws of our state. Section 3 would close a major avenue for disclosure of vital information about who influences elections. I believe that the public's right to information about elections and who influences those elections outweighs the purported need to protect the privacy of individual contributors.
Section 21 of Engrossed Substitute Senate Bill No. 5684 modifies RCW 42.17.680 which is designed to protect the rights of employees from political pressure on the job. Current law specifically prohibits employers or labor organizations from discriminating against workers for failure to contribute to or support or oppose a candidate, ballot proposition, political party, or political committee. This protects employees from being forced to promote an employer's political agenda. Additional current language, that would be removed by section 21, prohibits discrimination for "in any way supporting or opposing" a candidate, ballot proposition, political party, or political committee. This language provides protections for workers to act on their own political beliefs.
This specific provision is the subject of ongoing litigation regarding whether or not employers may be prevented from mandating the political neutrality of their employees in cases where the nature of their jobs require it. Moreover, section 21 did not receive full and open debate in the Legislature before the bill was passed. I am, therefore, reluctant to approve any changes in this very sensitive and controversial law until its implications have been more thoroughly and more openly explored in legislative and judicial forums.
For these reasons, I am vetoing sections 3 and 21 of Engrossed Substitute Senate Bill No. 5684.
With the exception of sections 3 and 21, Engrossed Substitute Senate Bill No. 5684 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
May 16, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 3, Engrossed Senate Bill No. 5770 entitled:
"AN ACT Relating to unemployment insurance claimant profiling;"
Engrossed Senate Bill No. 5770 provides the Department of Employment Security the authority to implement a federally mandated worker profiling system to identify long-term unemployed individuals and to refer them to re-employment services.
Section 3 of the bill contains language restricting training to certain classes of workers. According to the Attorney General, this change puts at risk the current training of some workers. This consequence was unforeseen and unintended when the bill was passed.
Section 3 also instructs the department to inform eligible individuals that they may receive benefits while they satisfactorily progress in training that has been approved by the commissioner of the department. This is a positive change. I will, by separate instrument, direct the department to comply with this provision.
For these reasons, I am vetoing section 3 of Engrossed Senate Bill No. 5770.
With the exception of section 3, Engrossed Senate Bill No. 5770 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MOTION
On motion of Senator Spanel, the messages on the partial vetoes to Engrossed Second Substitute Senate Bill No. 5064, Engrossed Substitute Senate Bill No. 5093, Engrossed Substitute Senate Bill No. 5121, Engrossed Substitute Senate Bill No. 5244, Second Substitute Senate Bill No. 5387, Engrossed Second Substitute Senate Bill No. 5448, Engrossed Second Substitute Senate Bill No. 5632, Senate Bill No. 5652, Senate Bill No. 5655, Engrossed Substitute Senate Bill No. 5684, and Engrossed Senate Bill No. 5770 were held on the desk.
MOTION
At 10:42 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:45 a.m. by President Pritchard.
STATEMENT FOR THE JOURNAL
RE: Senate Bill No. 6077 and Engrossed Substitute Senate Bill No. 6049
Missed votes on above-mentioned bills, which votes were not expected. I had medical necessities which needed attended to. I had received prior approval of absence.
SENATOR MARILYN RASMUSSEN, 2nd District
STATEMENT FOR THE JOURNAL
RE: Senate Bill No. 6077, Engrossed Substitute Senate Bill No. 6049, Senate Bill No. 6074
Missed votes which were not expected. Kept scheduled speaking engagement to civic organization. Had prior approval. Would have voted yes in support of Senate Bill No. 6077, Engrossed Substitute Senate Bill No. 6049 and Senate Bill No. 6074.
SENATOR ROSA FRANKLIN, 29th District
SECOND READING
SENATE BILL NO. 6077, by Senator Smith
Revising probationary licenses and reissue charges for alcohol-related offenses.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Senate Bill No. 6077 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Loveland, Senators Cal Anderson, Owen and Rasmussen were excused.
On motion of Senator Ann Anderson, Senators Moyer and Sellar were excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6077.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6077 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 42.
Voting nay: Senators Bauer and Franklin - 2.
Excused: Senators Anderson, C., Moyer, Owen, Rasmussen and Sellar - 5.
SENATE BILL NO. 6077, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Loveland, Senators Bauer and Franklin were excused.
MOTION
On motion of Senator Spanel, the Senate advanced to the seventh order of business to immediately consider Engrossed Substitute Senate Bill No. 6049.
THIRD READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 6049, by Senate Committee on Ways and Means (originally sponsored by Senators Prentice, Finkbeiner, Snyder and Pelz)
Financing public stadiums used by professional sports teams.
MOTIONS
On motion of Senator Hargrove, the rules were suspended and Engrossed Substitute Senate Bill No. 6049 was returned to second reading and read the second time.
Senator Hargrove moved that the following amendment by Senators Hargrove, Sellar, Prentice, Rinehart and Kohl be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.100.010 and 1995 c ... (Substitute Senate Bill No. 5127) s 1 are each amended to read as follows:
(1) A public facilities district may be created in any county and shall be coextensive with the boundaries of the county.
(2) A public facilities district shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located.
(3) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
(4) Except for the tax authorized in section 7 of this act, no taxes authorized under this chapter may be assessed or levied unless a majority of the voters of the public facilities district has ((validated the creation of the public facilities district at a general or special election. A single ballot proposition may both authorize the creation of a public facilities district and the imposition of the sales and use tax under RCW 82.14.048 or both the creation of a public facilities district and the imposition of the excise tax under RCW 36.100.040)) approved such tax at a general or special election. A single ballot proposition may both validate the imposition of the sales and use tax under RCW 82.14.048 and the excise tax under RCW 36.100.040.
(5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.
(6) The county legislative authority may transfer property to the public facilities district as part of the process of creating the public facilities district under this chapter.
Sec. 2. RCW 36.100.020 and 1995 c ... (Substitute Senate Bill No. 5127) s 2 are each amended to read as follows:
(1) A public facilities district shall be governed by a board of directors consisting of five or seven members as provided in this section. If the largest city in the county has a population that is at least forty percent of the total county population, the board of directors of the public facilities district shall consist of five members selected as follows: (((1))) (a) Two members appointed by the county legislative authority to serve for four-year staggered terms; (((2))) (b) two members appointed by the city council of the largest city in the county to serve for four-year staggered terms; and (((3))) (c) one person to serve for a four-year term who is selected by the other directors. If the largest city in the county has a population of less than forty percent of the total county population, the county legislative authority shall establish in the resolution creating the public facilities district whether the board of directors of the public facilities district ((have)) has either five or seven members, and the county legislative authority shall appoint the members of the board of directors to reflect the interests of cities and towns in the county, as well as the unincorporated area of the county. However, if the largest city in the county has a population of less than forty percent of the total county population, and the county operates under a county charter, which provides for an elected county executive, the members shall be appointed by the county executive subject to confirmation by the county legislative authority.
(2) At least one member on the board of directors shall be representative of the lodging industry in the public facilities district before the public facilities district imposes the excise tax under RCW 36.100.040.
(3) Members of the board of directors shall serve four-year terms of office, except that two of the initial five board members or three of the initial seven board members shall serve two-year terms of office.
(4) A vacancy shall be filled in the same manner as the original appointment was made and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the office for the position to which he or she was appointed.
(5) A director may be removed from office ((for cause)) by action of at least two-thirds of the members of the county legislative authority.
Sec. 3. RCW 36.100.030 and 1995 c ... (Substitute Senate Bill No. 5127) s 3 are each amended to read as follows:
(1) A public facilities district is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, and operate sports facilities, entertainment facilities, or convention facilities, or any combination of such facilities, together with contiguous parking facilities. The taxes that are provided for in this chapter may only be imposed for these purposes.
(2) A public facilities district may enter into agreements under chapter 39.34 RCW for the joint provision and operation of such facilities and may enter into contracts under chapter 39.34 RCW where any party to the contract provides and operates such facilities for the other party or parties to the contract.
(3) Notwithstanding the establishment of a career, civil, or merit service system, a public facility district may contract with a public or private entity for the operation or management of its public facilities.
(4) A public facilities district is authorized to use the supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the design, construction, reconstruction, remodel, or alteration of any of its public facilities.
(5) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations.
Sec. 4. RCW 36.100.060 and 1995 c ... (Substitute Senate Bill No. 5127) s 5 are each amended to read as follows:
(1) To carry out the purpose of this chapter, a public facilities district may issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to ((three-eighths)) one-half of one percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015. A facilities district additionally may issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in this chapter.
(2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.
(3) The general obligation bonds may be payable from the operating revenues of the public facilities district in addition to the tax receipts of the district.
(4) The excise tax imposed pursuant to RCW 36.100.040 shall terminate upon final payment of all bonded indebtedness for its public facilities.
NEW SECTION. Sec. 5. No direct or collateral attack on any public facilities district purported to be authorized or created in conformance with this chapter may be commenced more than thirty days after creation by the county legislative authority.
NEW SECTION. Sec. 6. (1) The governing board of a public facilities district may apply for deferral of taxes on the construction of buildings, site preparation, and the acquisition of related machinery and equipment for a new public facility. Application shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall contain information regarding the location of the public facility, estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within sixty days if it meets the requirements of this section.
(2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the public facility. The use of the certificate shall be governed by rules established by the department of revenue.
(3) The public facilities district shall begin paying the deferred taxes in the fifth year after the date certified by the department of revenue as the date on which the public facility is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment shall equal ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the public facilities district.
(5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of the public facilities district.
NEW SECTION. Sec. 7. A new section is added to chapter 82.14 RCW to read as follows:
(1) The legislative authority of a county with a population of one million or more operating under a county charter may impose a sales and use tax by a resolution adopted on or before December 31, 1995, for collection following certification as provided in subsection (4) of this section. The resolution shall be subject solely to a voter-initiated referendum using the procedures and provisions for voter-initiated referenda in the county charter, except that such referendum must be filed with the county legislative authority not later than thirty days after the resolution is adopted.
(2) The rate of the tax shall equal one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used in the case of a use tax. The tax imposed under this section shall not be credited against any other tax imposed upon the same taxable event.
(3) The revenue from the tax imposed under this section shall be used for the purpose of principal and interest payments on bonds issued by a public facilities district, created within the county under chapter 36.100 RCW, to acquire, construct, own, remodel, maintain, equip, reequip, repair, and operate a baseball stadium with a retractable roof or canopy and natural turf. If the revenue from the tax imposed under this section exceeds the amount needed for such principal and interest payments in any year, the excess shall be used solely for either or both: (a) Early retirement of the bonds issued for the baseball stadium; or (b) retirement of bonds issued for expanding, remodelling, repairing, or reequipping of a multipurpose stadium that has a seating capacity over forty-five thousand.
(4) The tax authorized under this section may be collected only after the county executive has certified to the department of revenue that a professional major league baseball team has made a binding and legally enforceable contractual commitment to:
(a) Play at least ninety percent of its home games in the stadium for a period of time not shorter than the term of the bonds issued to finance the initial construction of the stadium;
(b) Contribute principal of forty-five million dollars toward the bonded cost of construction of the stadium, which contribution shall be made during a term not to exceed the term of the bonds issued to finance the initial construction of the stadium. If all or part of the contribution is made after the date of issuance of the bonds, the team shall contribute an additional amount equal to the accruing interest on the deferred portion of the contribution, calculated at the interest rate on the bonds maturing in the year in which the deferred contribution is made; and
(c) Share a portion of the profits generated by the baseball team from the operation of the professional franchise for a period of time equal to the term of the bonds issued to finance the initial construction of the stadium, after offsetting any losses incurred by the baseball team after the effective date of this act. Such profits and the portion to be shared shall be defined by agreement between the public facilities district and the baseball team. The shared profits shall be used to retire the bonds issued to finance the initial construction of the stadium. If the bonds are retired before the expiration of their term, the shared profits shall be paid to the public facilities district.
(5) The tax imposed under this section shall expire when the bonds issued for the construction of the new public facilities are retired, but not later than twenty years after the tax is first collected.
Sec. 8. RCW 35.21.280 and 1965 c 7 s 35.21.280 are each amended to read as follows:
Every city and town may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to any place: PROVIDED, No city or town shall impose such tax on persons paying an admission to any activity of any elementary or secondary school. This includes a tax on persons who are admitted free of charge or at reduced rates to any place for which other persons pay a charge or a regular higher charge for the same privileges or accommodations. A city that is located in a county with a population of one million or more may not levy a tax on events in stadia constructed on or after January 1, 1995, that are owned by county government or a public facilities district under chapter 36.100 RCW and that have seating capacities over forty thousand. The city or town may require anyone who receives payment for an admission charge to collect and remit the tax to the city or town.
The term "admission charge" includes:
(1) A charge made for season tickets or subscriptions;
(2) A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations;
(3) A charge made for food and refreshment in any place where free entertainment, recreation or amusement is provided;
(4) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(5) Automobile parking charges if the amount of the charge is determined according to the number of passengers in the automobile.
Sec. 9. RCW 36.38.010 and 1963 c 4 s 36.38.010 are each amended to read as follows:
(1) Any county may by ordinance enacted by its ((board of)) county ((commissioners)) legislative authority, levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid for county purposes by persons who pay an admission charge to any place, including a tax on persons who are admitted free of charge or at reduced rates to any place for which other persons pay a charge or a regular higher charge for the same or similar privileges or accommodations; and require that one who receives any admission charge to any place shall collect and remit the tax to the county treasurer of the county: PROVIDED, No county shall impose such tax on persons paying an admission to any activity of any elementary or secondary school.
(2) As used in this chapter, the term "admission charge" includes a charge made for season tickets or subscriptions, a cover charge, or a charge made for use of seats and tables, reserved or otherwise, and other similar accommodations; a charge made for food and refreshments in any place where any free entertainment, recreation, or amusement is provided; a charge made for rental or use of equipment or facilities for purpose of recreation or amusement, and where the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge. It shall also include any automobile parking charge where the amount of such charge is determined according to the number of passengers in any automobile.
(3) The tax herein authorized shall not be exclusive and shall not prevent any city or town within the taxing county, when authorized by law, from imposing within its corporate limits a tax of the same or similar kind: PROVIDED, That whenever the same or similar kind of tax is imposed by any such city or town, no such tax shall be levied within the corporate limits of such city or town by the ((board of)) county ((commissioners)), except that the legislative authority of a county with a population of one million or more may exclusively levy a tax on events in stadiums constructed on or after January 1, 1995, that are owned by county government or a public facilities district under chapter 36.100 RCW and that have seating capacities over forty thousand at the rate of not more than one cent on twenty cents or fraction thereof.
(4) By contract, the county shall obligate itself to provide the revenue from the tax authorized by this section on events in stadia owned, managed, or operated by a public facilities district, having seating capacities over forty thousand, and constructed on or after January 1, 1995, to the public facilities district.
Sec. 10. RCW 67.28.180 and 1995 c ... (Engrossed Substitute Senate Bill No. 5943) s 8 are each amended to read as follows:
(1) Subject to the conditions set forth in subsections (2) and (3) of this section, the legislative body of any county or any city, is authorized to levy and collect a special excise tax of not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property: PROVIDED, That it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.
(2) Any levy authorized by this section shall be subject to the following:
(a) Any county ordinance or resolution adopted pursuant to this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed pursuant to this section upon the same taxable event.
(b) In the event that any county has levied the tax authorized by this section and has, prior to June 26, 1975, either pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160, such county shall be exempt from the provisions of (a) of this subsection, to the extent that the tax revenues are pledged for payment of principal and interest on bonds issued at any time pursuant to the provisions of RCW 67.28.150 through 67.28.160: PROVIDED, That so much of such pledged tax revenues, together with any investment earnings thereon, not immediately necessary for actual payment of principal and interest on such bonds may be used: (i) In any county with a population of one million or more, for repayment either of limited tax levy general obligation bonds or of any county fund or account from which a loan was made, the proceeds from the bonds or loan being used to pay for constructing, installing, improving, and equipping stadium capital improvement projects, and to pay for any engineering, planning, financial, legal and professional services incident to the development of such stadium capital improvement projects, regardless of the date the debt for such capital improvement projects was or may be incurred; or (ii) in other counties, for county-owned facilities for agricultural promotion. A county is exempt under this subsection in respect to city revenue or general obligation bonds issued after April 1, 1991, only if such bonds mature before January 1, 2013.
As used in this subsection (2)(b), "capital improvement projects" may include, but not be limited to a stadium restaurant facility, restroom facilities, artificial turf system, seating facilities, parking facilities and scoreboard and information system adjacent to or within a county owned stadium, together with equipment, utilities, accessories and appurtenances necessary thereto. The stadium restaurant authorized by this subsection (2)(b) shall be operated by a private concessionaire under a contract with the county.
(c) No city within a county exempt under subsection (2)(b) of this section may levy the tax authorized by this section so long as said county is so exempt: PROVIDED, That in the event that any city in such county has levied the tax authorized by this section and has, prior to June 26, 1975, authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160, such city may levy the tax so long as the tax revenues are pledged for payment of principal and interest on bonds issued at any time pursuant to the provisions of RCW 67.28.150 through 67.28.160.
(3) Any levy authorized by this section by a county that has levied the tax authorized by this section and has, prior to June 26, 1975, either pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160 shall be subject to the following:
(a) Taxes collected under this section in any calendar year in excess of five million three hundred thousand dollars shall only be used as follows:
(i) Seventy-five percent from January 1, 1992, through December 31, 2000, and seventy percent from January 1, 2001, through December 31, 2012, for art museums, cultural museums, heritage museums, the arts, and the performing arts. Moneys spent under this subsection (3)(a)(i) shall be used for the purposes of this subsection (3)(a)(i) in all parts of the county.
(ii) Twenty-five percent from January 1, 1992, through December 31, 2000, and thirty percent from January 1, 2001, through December 31, 2012, for the following purposes and in a manner reflecting the following order of priority: Stadium capital improvements, as defined in subsection (2)(b) of this section; acquisition of open space lands; youth sports activities; and tourism promotion.
(b) At least seventy percent of moneys spent under (a)(i) of this subsection for the period January 1, 1992, through December 31, 2000, shall be used only for the purchase, design, construction, and remodeling of performing arts, visual arts, heritage, and cultural facilities, and for the purchase of fixed assets that will benefit art, heritage, and cultural organizations. For purposes of this subsection, fixed assets are tangible objects such as machinery and other equipment intended to be held or used for ten years or more. Moneys received under this subsection (3)(b) may be used for payment of principal and interest on bonds issued for capital projects. Qualifying organizations receiving moneys under this subsection (3)(b) must be financially stable and have at least the following:
(i) A legally constituted and working board of directors;
(ii) A record of artistic, heritage, or cultural accomplishments;
(iii) Been in existence and operating for at least two years;
(iv) Demonstrated ability to maintain net current liabilities at less than thirty percent of general operating expenses;
(v) Demonstrated ability to sustain operational capacity subsequent to completion of projects or purchase of machinery and equipment; and
(vi) Evidence that there has been independent financial review of the organization.
(c) At least forty percent of the revenues distributed pursuant to (a)(i) of this subsection for the period January 1, 2001, through December 31, 2012, shall be deposited in an account and shall be used to establish an endowment. Principal in the account shall remain permanent and irreducible. The earnings from investments of balances in the account may only be used for the purposes of (a)(i) of this subsection.
(d) School districts and schools shall not receive revenues distributed pursuant to (a)(i) of this subsection.
(e) Moneys distributed to art museums, cultural museums, heritage museums, the arts, and the performing arts, and moneys distributed for tourism promotion shall be in addition to and may not be used to replace or supplant any other funding by the legislative body of the county.
(f) As used in this section, "tourism promotion" includes activities intended to attract visitors for overnight stays, arts, heritage, and cultural events, and recreational, professional, and amateur sports events. Moneys allocated to tourism promotion in a class AA county shall be allocated to nonprofit organizations formed for the express purpose of tourism promotion in the county. Such organizations shall use moneys from the taxes to promote events in all parts of the class AA county.
(g) No taxes collected under this section may be used for the operation or maintenance of a public stadium that is financed directly or indirectly by bonds to which the tax is pledged. Expenditures for operation or maintenance include all expenditures other than expenditures that directly result in new fixed assets or that directly increase the capacity, life span, or operating economy of existing fixed assets.
(h) No ad valorem property taxes may be used for debt service on bonds issued for a public stadium that is financed by bonds to which the tax is pledged, unless the taxes collected under this section are or are projected to be insufficient to meet debt service requirements on such bonds.
(i) If a substantial part of the operation and management of a public stadium that is financed directly or indirectly by bonds to which the tax is pledged is performed by a nonpublic entity or if a public stadium is sold that is financed directly or indirectly by bonds to which the tax is pledged, any bonds to which the tax is pledged shall be retired. This subsection (3)(i) does not apply in respect to a public stadium transferred to, owned by, or constructed by a public facilities district under chapter 36.100 RCW.
(j) The county shall not lease a public stadium that is financed directly or indirectly by bonds to which the tax is pledged to, or authorize the use of the public stadium by, a professional major league sports franchise unless the sports franchise gives the right of first refusal to purchase the sports franchise, upon its sale, to local government. This subsection (3)(j) does not apply to contracts in existence on April 1, 1986.
If a court of competent jurisdiction declares any provision of this subsection (3) invalid, then that invalid provision shall be null and void and the remainder of this section is not affected.
NEW SECTION. Sec. 11. Sections 5 and 6 of this act are each added to chapter 36.100 RCW.
NEW SECTION. Sec. 12. 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. 13. (1) Sections 1 through 9 and 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.
(2) Sections 10 and 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
MOTION
Senator West moved that the following amendments by Senators West and Rinehart to the striking amendment be considered simultaneously and be adopted:
On page 3, beginning on line 4 of the striking amendment, after "members of the" strike "county legislative" and insert "((county legislative))
On page 3, after "authority" insert "which made the appointment"
Debate ensued.
The President declared the question before the Senate to be the adoption of the two amendments by Senators West and Rinehart on page 3, to the striking amendment by Senators Hargrove, Sellar, Prentice, Rinehart and Kohl to Engrossed Substitute Senate Bill No. 6049.
The motion by Senator West carried and the amendments to the striking amendment were adopted.
MOTION
Senator Pelz moved that the following amendment to the striking amendment be adopted:
On page 5, beginning on line 29 of the amendment, after "use tax." strike all material through "event." on line 30, and insert "One-half of the tax imposed under this section shall be credited against the tax imposed by the state upon the same taxable event under chapter 82.08 or 82.12 RCW."
Debate ensued.
Senator Pelz demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Pelz on page 5, beginning on line 29, to the striking amendment by Senators Hargrove, Sellar, Prentice, Rinehart and Kohl to Engrossed Substitute Senate Bill No. 6049.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 7; Nays, 35; Absent, 1; Excused, 6.
Voting yea: Senators Fairley, Finkbeiner, Heavey, Kohl, McAuliffe, Pelz and Smith - 7.
Voting nay: Senators Anderson, A., Cantu, Deccio, Drew, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 35.
Absent: Senator Rinehart - 1.
Excused: Senators Anderson, C., Bauer, Franklin, Moyer, Owen and Rasmussen - 6.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Sellar, Prentice, Rinehart and Kohl, as amended, to Engrossed Substitute Senate Bill No. 6049.
Debate ensued.
The motion by Senator Hargrove carried and the striking amendment by Senators Hargrove, Sellar, Prentice, Rinehart and Kohl, as amended, was adopted.
MOTIONS
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 2 of the title, after "teams;" strike the remainder of the title and insert "amending RCW 36.100.010, 36.100.020, 36.100.030, 36.100.060, 35.21.280, 36.38.010, and 67.28.180; adding new sections to chapter 36.100 RCW; adding a new section to chapter 82.14 RCW; providing an effective date; and declaring an emergency."
On motion of Senator Hargrove, the rules were suspended, Second Engrossed Substitute Senate Bill No. 6049, under suspension of the rules, was advanced to third reading, the second reading considered the third and bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 6049, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 6049, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 16; Absent, 0; Excused, 5.
Voting yea: Senators Deccio, Finkbeiner, Gaspard, Hale, Hargrove, Haugen, Kohl, Long, Loveland, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley and Wood - 28.
Voting nay: Senators Anderson, A., Cantu, Drew, Fairley, Fraser, Heavey, Hochstatter, Johnson, McAuliffe, McCaslin, Pelz, Quigley, Roach, Schow, Strannigan and Wojahn - 16.
Excused: Senators Anderson, C., Bauer, Franklin, Owen and Rasmussen - 5.
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 6049, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:20 p.m., Senator Spanel moved that the Senate adjourn until 10:00 a.m., Thursday, May 18, 1995.
Senator Sutherland objected to the motion to adjourn until 10:00 a.m., Thursday, May 18, 1995.
Debate ensued.
Senator Snyder demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Spanel to adjourn until 10:00 a.m., Thursday, May 18.
ROLL CALL
The Secretary called the roll and the motion to adjourn failed by the following vote: Yeas, 19; Nays, 25; Absent, 0; Excused, 5.
Voting yea: Senators Drew, Fairley, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rinehart, Sheldon, Smith, Snyder, Spanel and Wojahn - 19.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 25.
Excused: Senators Anderson, C., Bauer, Franklin, Owen and Rasmussen - 5.
MOTION
At 12:24 p.m., Senator Spanel moved that the Senate go at ease.
Senator Sutherland objected to the motion to go at ease.
Debate ensued.
Senator Snyder demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Spanel to go at ease.
ROLL CALL
The Secretary called the roll and the motion to go at ease failed by the following vote: Yeas, 19; Nays, 25; Absent, 0; Excused, 5.
Voting yea: Senators Drew, Fairley, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rinehart, Sheldon, Smith, Snyder, Spanel and Wojahn - 19.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 25.
Excused: Senators Anderson, C., Bauer, Franklin, Owen and Rasmussen - 5.
MOTION
On motion of Senator Sutherland, the Senate reverted to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8416 by Senator Sutherland
Exempting Senate Bill No. 6074 from the resolution limiting the subjects to be considered in the 1995 first special session.
WHEREAS, It is the purpose of this resolution to exempt Senate Bill No. 6074 from the limitations of Senate Concurrent Resolution No. 8412, which limits the subjects to be considered in the 1995 first special session;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That Senate Bill No. 6074 be exempted from the limitations of Senate Concurrent Resolution No. 8412.
MOTION
On motion of Senator Sutherland, the rules were suspended and Senate Concurrent Resolution No. 8416 was advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Sutherland, the Senate advanced to the sixth order of business to immedately consider Senate Concurrent Resolution No. 8416.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8416, by Senator Sutherland
Exempting Senate Bill No. 6074 from the resolution limiting the subjects to be considered in the 1995 first special session.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Concurrent Resolution No. 8416 was advanced to third reading, the second reading considered the third and concurrent resolution was placed on final passage and adopted.
SENATE CONCURRENT RESOLUTION NO. 8416 was adopted by voice vote.
MOTION
On motion of Senator Sutherland, the Senate advanced to the ninth order of business.
MOTION
Senator Sutherland moved that the Commmittee on Natural Resources be relieved of further consideration of Senate Bill No. 6074 and that Senate Bill No. 6074 be placed on the second reading calendar.
The President declared the question before the Senate to be the motion by Senator Sutherland that the Committee on Natural Resources be relieved of further consideration of Senate Bill No. 6074 and that Senate Bill No. 6074 be placed on the second reading calendar.
The motion by Senator Sutherland carried and Senate Bill No. 6074 was placed on the second reading calendar.
MOTION
On motion of Senator Sutherland, the Senate advanced to the sixth order of business to immedately consider Senate Bill No. 6074.
SECOND READING
SENATE BILL NO. 6074, by Senators Sutherland and Rasmussen
Expanding the authority of the fish and wildlife commission.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 6074 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 Senate Bill No. 6074.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6074 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 3; Absent, 13; Excused, 4.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 29.
Voting nay: Senators Fraser, Heavey and Kohl - 3.
Absent: Senators Drew, Fairley, Gaspard, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rinehart, Smith, Snyder, Spanel and Wojahn - 13.
Excused: Senators Anderson, C., Bauer, Franklin and Owen - 4.
SENATE BILL NO. 6074, 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.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Hargrove served notice that he would move to reconsider the vote by which Senate Bill No. 6074 passed the Senate.
PARLIAMENTARY INQUIRY
Senator Sutherland: "Mr. President, is it appropriate to amend that motion to immediately reconsider?"
REPLY BY THE PRESIDENT
President Pritchard: "You may."
MOTION FOR IMMEDIATE RECONSIDERATION
Senator Sutherland moved that the Senate immediately reconsider the vote by which Senate Bill No. 6074 passed the Senate.
Debate ensued.
Senator Snyder demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Sutherland to immediately reconsider the vote by which Senate Bill No. 6074 passed the Senate.
ROLL CALL
The Secretary called the roll and the motion for immediate reconsideration carried by the following vote: Yeas, 25; Nays, 20; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 25.
Voting nay: Senators Drew, Fairley, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel and Wojahn - 20.
Excused: Senators Anderson, C., Bauer, Franklin and Owen - 4.
The President declared the question before the Senate to be the immediate reconsideration of the vote by which Senate Bill No. 6074 passed the Senate.
Debate ensued.
MOTION
On motion of Senator Loveland, Senator Heavey was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6074, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6074, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 14; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 30.
Voting nay: Senators Drew, Fairley, Fraser, Gaspard, Hargrove, Kohl, McAuliffe, Pelz, Prentice, Rinehart, Smith, Snyder, Spanel and Wojahn - 14.
Excused: Senators Anderson, C., Bauer, Franklin, Heavey and Owen - 5.
SENATE BILL NO. 6074, on reconsideration, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Sutherland, Senate Bill No. 6074 was immediately transmitted to the House of Representatives.
MOTION
At 1:10 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Thursday, May 18, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate