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ONE HUNDRED-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, April 24, 1997
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Brown, Finkbeiner, Haugen, Kohl, Loveland, McCaslin, Patterson, Prince, Schow, Snyder, Strannigan, Swanson, Winsley, Wojahn and Wood. On motion of Senator Hale, Senators Benton, McCaslin, Schow, Winsley and Wood were excused. On motion of Senator Franklin, Senators, Brown, Haugen, Kohl, Loveland, Patterson, Snyder, Swanson and Wojahn were excused.
The Sergeant at Arms Color Guard, consisting of Pages James Portnow and Jocelyn Webster, presented the Colors. Senator Margarita Prentice offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
VETO MESSAGE FROM THE GOVERNOR
SUBSTITUTE SENATE BILL NO. 5903
April 23, 1997
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. 5903 entitled:
"AN ACT Relating to the use of local special excise taxes for the operation of performing and cultural arts facilities;"
Substitute Senate Bill No. 5903 would have authorized a special hotel-motel excise tax for the operation of performing and cultural arts facilities in Richland. I understand the desires of the residents of Richland to use this tax method to help with their performing and cultural arts facility. However, Substitute Senate Bill No. 5867, currently working its way through the legislative process, is a comprehensive rewrite of the statutes authorizing local hotel-motel excise taxes for various purposes. I anticipate that Substitute Senate Bill No. 5867 will take care of the needs of the Richland community in this regard. I look forward to its passage so that I can sign it into law and allow the citizens of Richland to proceed with their project.
For these reasons, I have vetoed Substitute Senate Bill No. 5903 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Johnson, the veto message on Substitute Senate Bill No. 5903 was held on the desk.
VETO MESSAGE FROM THE GOVERNOR
ENGROSSED SENATE BILL NO. 5744
April 23, 1997
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. 5744 entitled:
"AN ACT Relating to legislative review of agency rules;"
Engrossed Senate Bill No. 5744 provides the Joint Administrative Rules Review Committee (JARRC) 180 days to decide whether or not an agency must use significant legislative rule making procedures when it adopts a rule. The apparent intent of the bill is to address a workload problem by giving the JARRC extra time to decide if an agency is to use these more time consuming and costly rule making processes. Even though JARRC has never exercised this authority, members seem to believe the committee would, if it had more time.
I am not opposed to providing the committee with some additional time. However, 180 days seems excessive for a body to make a simple procedural determination, and would cause disruptions and delays in the rule making process. The current 45 day time limit was designed to have JARRC decide on the more stringent rule making requirements early enough in the process so that agencies could incorporate those tasks at the beginning of rule making. By giving JARRC 180 days to make this decision, an agency may have to delay final rule adoption for a full six months to avoid the possibility of starting the process all over again and readopting the rule under more stringent requirements. This would add a significant amount of time to a process that is already too lengthy.
Further, if an agency decides to adopt a rule before 180 days have elapsed, the legal effect of the rule, and actions taken under the rule, would be uncertain if the JARRC subsequently mandates that the rule should have been adopted under different procedures.
My office provided the Legislature with an alternative approach to deal with this issue and I will continue to be open to other options. However, I cannot accept legislation that unnecessarily complicates and prolongs the rule making process, creates uncertainty regarding the effect of rules, and may cloud the validity of rules adopted by agencies.
For these reasons, I have vetoed Engrossed Senate Bill No. 5744 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Johnson, the veto message on Engrossed Senate Bill No. 5744 was held on the desk.
MESSAGES FROM THE HOUSE
April 23, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1234,
SUBSTITUTE HOUSE BILL NO. 1272,
HOUSE BILL NO. 1316,
HOUSE BILL NO. 1330,
SUBSTITUTE HOUSE BILL NO. 1425,
HOUSE BILL NO. 1439,
SUBSTITUTE HOUSE BILL NO. 1464,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1771,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1841,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1866,
SUBSTITUTE HOUSE BILL NO. 1888,
HOUSE BILL NO. 1982,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2046,
SUBSTITUTE HOUSE BILL NO. 2059,
HOUSE BILL NO. 2091,
SUBSTITUTE HOUSE BILL NO. 2227, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 23, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to HOUSE BILL NO. 1924 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 23, 1997
MR. PRESIDENT:
The House receded from its amendment(s) to SENATE BILL NO. 5229 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 23, 1997
MR. PRESIDENT:
The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5462 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE SENATE BILL NO. 5120,
SUBSTITUTE SENATE BILL NO. 5276,
SECOND SUBSTITUTE SENATE BILL NO. 5442,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5671,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5725,
SENATE BILL NO. 5736,
SUBSTITUTE SENATE BILL NO. 5783.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1234,
SUBSTITUTE HOUSE BILL NO. 1272,
HOUSE BILL NO. 1316,
HOUSE BILL NO. 1330,
SUBSTITUTE HOUSE BILL NO. 1425,
HOUSE BILL NO. 1439,
SUBSTITUTE HOUSE BILL NO. 1464,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1771,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1841,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1866,
SUBSTITUTE HOUSE BILL NO. 1888,
HOUSE BILL NO. 1982,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2046,
SUBSTITUTE HOUSE BILL NO. 2059,
HOUSE BILL NO. 2091,
SUBSTITUTE HOUSE BILL NO. 2227.
MESSAGE FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
Under suspension of the rules, SUBSTITUTE SENATE BILL NO. 5149 was returned to second reading and the House adopted the following amendment: Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.132 and 1995 c 397 s 5 are each amended to read as follows:
(1) During the twelve-month period ((preceding the last day for certification of the election results for a state legislator's election to office)) beginning on December 1st of the year before a general election for a state legislator's election to office and continuing through November 30th immediately after the general election, the legislator may not mail, either by regular mail or electronic mail, to a constituent at public expense a letter, newsletter, brochure, or other piece of literature, except as ((provided in this section.)) follows:
(a) The legislator may mail ((one)) two mailings of newsletters to constituents. All newsletters within each mailing of newsletters must be identical as to their content but not as to the constituent name or address. One such mailing may be mailed no later than thirty days after the start of a regular legislative session ((and one)), except that a legislator appointed during a regular legislative session to fill a vacant seat may have up to thirty days from the date of appointment to send out the first mailing. The other mailing may be mailed no later than sixty days after the end of a regular legislative session ((of identical newsletters to constituents)).
(b) The legislator may mail an individual letter to (i) an individual constituent who (((1))) has contacted the legislator regarding the subject matter of the letter during the legislator's current term of office; ((or (2))) (ii) an individual constituent who holds a governmental office with jurisdiction over the subject matter of the letter; or (iii) an individual constituent who has received an award or honor of extraordinary distinction of a type that is sufficiently infrequent to be noteworthy to a reasonable person, including, but not limited to: (A) An international or national award such as the Nobel prize or the Pulitzer prize; (B) a state award such as Washington scholar; (C) an Eagle Scout award; and (D) a Medal of Honor.
(2) For purposes of subsection (1) of this section, "legislator" means a legislator who is a "candidate," as defined by RCW 42.17.020, for any public office.
(3) A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW 42.52.180.
(4) The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings((, including)). Those costs include, but are not limited to, production costs, printing costs, and postage costs. The limits imposed under this subsection apply only to the total expenditures on mailings per member and not to any categorical cost within the total.
(5) For purposes of this section, persons residing outside the legislative district represented by the legislator are not considered to be constituents, but students, military personnel, or others temporarily employed outside of the district who normally reside in the district are considered to be constituents.
NEW SECTION. Sec. 2. RCW 42.17.132, as amended by this act, is recodified as a new section in chapter 42.52 RCW, to be placed between RCW 42.52.180 and 42.52.190." and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Roach moved that the Senate do concur in the House amendment to Substitute Senate Bill No. 5149.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Roach that the Senate do concur in the House amendment to Substitute Senate Bill No. 5149.
The motion by Senator Roach carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5149.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5149, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5149, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 0; Absent, 3; Excused, 13.
Voting yea: Senators Anderson, Bauer, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 33. Absent: Senators Finkbeiner, Prince and Strannigan - 3. Excused: Senators Benton, Brown, Haugen, Kohl, Loveland, McCaslin, Patterson, Schow, Snyder, Swanson, Winsley, Wojahn and Wood - 13. SUBSTITUTE SENATE BILL NO. 5149, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1605 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Ballasiotes, Radcliff and Quall.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Zarelli, the Senate refuses to grant the request of the House for a conference on Substitute House Bill No. 1605 and receded from the Senate amendment by Senators Zarelli, Hargrove, Long and Franklin on page 7, beginning on line 16, which was adopted by the Senate April 18, 1997.
MOTIONS
On motion of Senator Zarelli, the rules were suspended and Substitute House Bill No. 1605 was returned to second reading and read the second time.
On motion of Senator Zarelli, the following amendments by Senators Zarelli, Long, Franklin and Hargrove were considered simultaneously and were adopted:
On page 7, beginning on line 16, after "(4)" strike all material through "rule." on line 38 and insert "A law enforcement officer, fire fighter, health care provider, health care facility staff person, department of corrections' staff person, jail staff person, or other categories of employment determined by the board in rule to be at risk of substantial exposure to HIV, who has experienced a substantial exposure to another person's bodily fluids in the course of his or her employment, may request a state or local public health officer to order pretest counseling, HIV testing, and posttest counseling for the person whose bodily fluids he or she has been exposed to. If the state or local public health officer refuses to order counseling and testing under this subsection, the person who made the request may petition the superior court for a hearing to determine whether an order shall be issued. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays, Sundays, and holidays. The standard of review to determine whether the public health officer shall be required to issue the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order. The person who is subject to the state or local public health officer's order to receive counseling and testing shall be given written notice of the order promptly, personally, and confidentially, stating the grounds and provisions of the order, including the factual basis therefor. If the person who is subject to the order refuses to comply, the state or local public health officer may petition the superior court for a hearing. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays, Sundays, and holidays. The standard of review for the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order.
The state or local public health officer shall perform counseling and testing under this subsection if he or she finds that the exposure was substantial and presents a possible risk as defined by the board of health by rule or if he or she is ordered to do so by a court.
The counseling and testing required under this subsection shall be completed as soon as possible after the substantial exposure or after an order is issued by a court, but shall begin not later than seventy-two hours after the substantial exposure or an order is issued by the court."
On page 8, line 5, after "prevention" strike "protocols" and insert "guidelines"
On page 8, line 8, after "The" strike "protocols" and insert "guidelines"
On page 8, line 20, after "prevention" strike "protocols" and insert "guidelines"
On page 8, line 23, after "The" strike "protocols" and insert "guidelines"
MOTION
On motion of Senator Zarelli, the rules were suspended, Substitute House Bill No. 1605, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Rasmussen, Senator Franklin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1605, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1605, as amended by the Senate under suspension of the rules and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 2; Excused, 9.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 38. Absent: Senators Bauer and Strannigan - 2. Excused: Senators Franklin, Kohl, Loveland, McCaslin, Schow, Snyder, Swanson, Winsley and Wood - 9. SUBSTITUTE HOUSE BILL NO. 1605, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5628 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Crouse, DeBolt and Poulsen.
TIMOTHY A. MARTIN, Chief Clerk
POINT OF ORDER
Senator Sheldon: "A point of order, Mr. President. I renew my objection to the scope and object of the House amendment to Substitute Senate Bill No. 5628."
RULING BY THE PRESIDENT
President Owen: "Once again, in ruling upon the point of order raised by Senator Sheldon, the President finds that Substitute Senate Bill No. 5628 is a measure which authorizes the Utilities and Transportation Commission to exempt electric and natural gas utilities from securities filing requirements under certain conditions.
"The proposed House striking amendment would permit natural gas and electric companies to offer banded rates to residential customers.
"Therefore, once again, the President finds that the proposed House striking amendment does change the scope and object of the bill and the point of order is well taken."
The House striking amendment to Substitute Senate Bill No. 5628 was ruled out of order.
MOTION
On motion of Senator Johnson, further consideration of Substitute Senate Bill No. 5628 was deferred.
MESSAGE FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
Under suspension of the rules, SUBSTITUTE SENATE BILL NO. 5511 was returned to second reading and the House adopted the following amendments:
On page 1, line 10, after “information” strike “determined to be unfounded” and insert “related to unfounded referrals”
On page 1, beginning on line 16, strike all matter through “services.” on line 19.
On page 3, after line 12, insert the following:
“Sec. 4. RCW 26.44.020 and 1996 c 178 § 10 are each amended to read as follows:
For the purpose of and as used in this chapter:
(1) "Court" means the superior court of the state of Washington, juvenile department.
(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.
(4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.
(5) "Department" means the state department of social and health services.
(6) "Child" or "children" means any person under the age of eighteen years of age.
(7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.
(8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.
(9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed. An abused child is a child who has been subjected to child abuse or neglect as defined herein.
(13) "Child protective services section" shall mean the child protective services section of the department.
(14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW.
(15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.
(16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.
(17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020.
(18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.
(19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.
(20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth.
(21) “Unfounded” means available evidence indicates that, more likely than not, child abuse or neglect did not occur."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Long moved that the Senate do concur in the House amendments to Substitute Senate Bill No. 5511.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate do concur in the House amendments to Substitute Senate Bill No. 5511.
The motion by Senator Long carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 5511.
MOTION
On motion of Senator Swecker, Senators Roach and Strannigan were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5511, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5511, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 2; Excused, 9.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Sellar, Sheldon, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 38. Absent: Senators Bauer and Zarelli - 2. Excused: Senators Kohl, Loveland, McCaslin, Roach, Schow, Snyder, Strannigan, Swanson and Wood - 9. SUBSTITUTE SENATE BILL NO. 5511, as amended by the House, 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 Hargrove, the following resolution was adopted:
SENATE RESOLUTION 1997-8677
By Senators McAuliffe and Hargrove
WHEREAS, Mr. Charles Baker and the Quilcene-Brinnon Schools Shellfish Science Club have earned the 1996 Environmental Protection Agency President's Environmental Youth Award for Region 10 for projects dedicated to the protection of shellfish habitat; and
WHEREAS, The students' exceptional hard work will be recognized on May 20, 1997, at a national award ceremony in Washington, D.C.; and
WHEREAS, Mr. Baker and his science students have chosen to study the restoration of oyster and clam beds by capturing and raising shellfish on the East Quilcene Bay and Dabob Bay along Hood Canal; and
WHEREAS, The students used what they learned in the classroom to help build the population of oysters and create a market for commercial products; and
WHEREAS, Shellfish are an important element of the Jefferson County economy and environment; and
WHEREAS, Mr. Baker and his students are excellent examples of what inspired teaching and inquisitive minds can accomplish when learning becomes a passion; and
WHEREAS, Mr. Baker is an inspiration for community service, having spent more than one hundred hours volunteering his time to increase the knowledge of his students;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington salute Mr. Baker and his students, and the parents and administrators of the two hundred seventy-five-student school district, who supported this extraordinary club in its endeavors; and
BE IT FURTHER RESOLVED, That we commend community leaders, parents, and their children for their entrepreneurship and their quest in helping students learn from real-life experiences; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Mr. Charles Baker; his students; and Eric Monroe, President of the Quilcene School District Board of Directors.
Senators Hargrove and McAuliffe spoke to Senate Resolution 1997-8677.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MOTION
At 9:43 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 10:46 a.m. by President Owen.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1388 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Ballasiotes, Radcliff and Conway.
TIMOTHY A. MARTIN, Chief Clerk
MOTIONS
On motion of Senator Long, the Senate refuses to grant the request of the House for a conference on House Bill No. 1388.
On motion of Senator Long the Senate receded from the Human Services and Corrections striking amendment adopted April 10, 1997.
MOTIONS
On motion of Senator Long, the rules were suspended and House Bill No. 1388 was returned to second reading and read the second time.
Senator Long moved that the following amendment by Senators Long and Hargrove be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 72.65.220 and 1994 c 271 s 1001 are each amended to read as follows:
(1) The department or a private or public entity under contract with the department may establish or relocate for the operation of a work release or other community-based facility only after public notifications and local public meetings have been completed consistent with this section.
(2) The department and other state agencies ((that have responsibility)) responsible for siting ((the department's)) department-owned, operated, or contracted facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities. This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives((.
(2) The department may establish or relocate a work release or other community-based facility only after holding local public meetings and providing public notification to local communities consistent with this chapter.
(3))), including at least the following:
(a) When the department or a private or public entity under contract with the department has selected three or fewer sites for final consideration ((for site selection)) of a department-owned, operated, or contracted work release or other community-based facility, the department or contracting organization shall make public notification ((shall be given)) and conduct public hearings ((shall be held)) in the ((final three or fewer)) local communities ((where the siting is proposed)) of the final three or fewer proposed sites. ((Additional notification and a)) An additional public hearing after public notification shall also be conducted in the local community selected as the final proposed site((, prior to completion of the siting process. All hearings and notifications shall be consistent with this chapter)).
(((4) Throughout this process the department shall provide notification to)) (b) Notifications required under this section shall be provided to the following:
(i) All newspapers of general circulation in the local area and all local radio stations, television stations, and cable networks((.));
(((5) Notice shall also be provided to)) (ii) Appropriate school districts, private schools, kindergartens, city and county libraries, and all other local government offices within a one-half mile radius of the proposed ((facility.)) site or sites;
(((6) In addition, the department shall also provide notice to)) (iii) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department((.)); and
(((7) Notification in writing shall be provided to)) (iv) In writing to all residents and/or property owners within a one-half mile radius of the proposed site or sites.
(3) When the department contracts for the operation of a work release or other community-based facility that is not owned or operated by the department, the department shall require as part of its contract that the contracting entity comply with all the public notification and public hearing requirements as provided in this section for each located and relocated work release or other community-based facility."
MOTION
On motion of Senator Johnson, further consideration of House Bill No. 1388 was deferred.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1111 and asks the Senate to recede therefrom, and the same is herewith transmitted..
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Anderson, the rules were suspended, Engrossed Substitute House Bill No. 1111 was returned to second reading and read the second time.
MOTION
Having voted on the prevailing side, Senator Anderson moved that the Senate reconsider the vote by which the striking amendment by Senators Anderson and Spanel was adopted April 16, 1997.
The President declared the question before the Senate to be the motion by Senator Anderson to reconsider the vote by which the striking amendment by Senators Anderson and Spanel was adopted April 16, 1997.
The motion for reconsideration of the striking amendment carried.
MOTION
Senator Anderson moved that the following amendment by Senators Anderson and Spanel to the striking amendment be adopted:
On page 2, line 31, after “act” insert “, following the completion and adoption of a locally developed water resource watershed plan for the WRIA” Debate ensued.
POINT OF INQUIRY
Senator Heavey: "Senator Anderson, the amendment that I proposed on House Bill No. 2054 clearly--what I was trying to accomplish--was to point out that there are a number of different water districts and purveyors, governments and tribes that are working on developing more water in some of our more populace counties. The amendment before us, as Senator Fraser said, it seems like this would keep DOE from approving these ongoing projects until the WRIA watershed plan has been adopted. Now, that could be three to five years out, so the question is, is that the case? Do you want to hold up a negotiated settlement of water until something that could take three to five years is come up with?"
Senator Anderson: "Senator Heavey, I don't know if I understand your question especially in reference to the other bill, but in this particular case what it allows to be done--it allows the local planning to be continued before the status is changed, granted or denied. So, it really doesn't hold up anything, it just allows the thoughtful process to take place and be completed and not any decisions made up front before you have all the information. So, it does not change any status of anything until that planning is completed."
Senator Heavey: "The way I read it, I don't believe you can get water rights without permission of DOE. Let's say if Seattle's Water Department wanted to grant a smaller district rights, I don't believe it can be done until DOE buys off on it. This amendment seems to say that DOE cannot buy off on an agreement between all the parties involved until after the WRIA watershed plan has been approved. I think that would be a great impediment to developing water which would frustrate growth management and that's the way I read it. I may be wrong in the way that I am reading it, but that is the way I read it and I encourage the body to vote 'no' on this amendment."
Senator Anderson: "Now I understand what Senator Heavey was getting at. Senator Heavey, if you read the underlying bill, however, this is a very specific group of people who have had to file a previous claim. They have had to show that they have historically used water for a year by all this criteria in the bill. It sets some timelines by which you can even be in this process.
"This has been a problem ongoing, especially in Whatcom County, for like the last five years, so it is not for all watershed planning processes in place right now. The rest of the bill narrows it to a very few and very specific group of people. If you look through that criteria on how long you will have had to use the water and the kind of evidence you have to prove, it is a very small number of people that this applies to."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Anderson and Spanel on page 2, line 31, to the striking amendment, on reconsideration.
The motion by Senator Anderson carried and the amendment to the striking amendment, on reconsideration, was adopted.
MOTION
On motion of Senator Anderson, the following amendment by Senators Anderson and Spanel to the striking amendment, on reconsideration, was adopted:
On page 3, line 31, after “act” strike “do” and insert “shall” The President declared the question before the Senate to be the adoption of the striking amendment by Senators Anderson and Spanel, as amended on reconsideration, to Engrossed Substitute House Bill No. 1111.
The striking amendment, as amended on reconsideration, was adopted.
MOTION
On motion of Senator Anderson, the rules were suspended, Engrossed Substitute House Bill No. 1111, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1111, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No.1111, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 15; Absent, 2; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McDonald, Morton, Newhouse, Oke, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Swecker, Winsley, Wood and Zarelli - 29. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Swanson, Thibaudeau and Wojahn - 15. Absent: Senators Prince and West - 2. Excused: Senators McCaslin, Snyder and Strannigan - 3. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1111, as amended by the House 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
On motion of Senator Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Kohl, the following resolution was adopted:
SENATE RESOLUTION 1997-8674
By Senators Kohl, Jacobsen, Wood, Hale, Winsley, Sheldon, Prince, Patterson and Spanel
WHEREAS, The Seattle Pacific University womens' gymnastics team is one of the leading gymnastics teams in the nation having just won both the womens' team title and two individual event titles at the USA Gymnastics National Collegiate Championships which featured over two hundred of the top collegiate men and women gymnasts from across the nation; and
WHEREAS, Senior Mindy Lee Ferguson won the national title on the uneven bars and senior Amanda King won the national title on the balance beam; and
WHEREAS, Laurel Tindall, Seattle resident and womens' gymnastics team coach, was voted USA Gymnastics Coach of the Year by her peers for the third time; and
WHEREAS, Lisa Smith, Gina Bolenbaugh, Deni Boswell, Kathy Siwek, Amanda King, and Mindy Ferguson received All-America honors and Gina Bolenbaugh, Stephanie Andrews, and Lisa Smith were cited as USA Gymnastics Scholar Athletes; and
WHEREAS, The (Division II) SPU womens' gymnastics team accomplished two major feats this season: 1) defeating the nationally ranked (Division I) University of Washington womens' gymnastics team for the first time in ten years, and 2) winning its first ever Western Independent Conference championship; and
WHEREAS, The women of the SPU gymnastics team serve as role models and mentors through the SPU sponsored Falcon Gymnastics Center where they coach aspiring young gymnasts from the community;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and honor the women and coaches of the Falcons Gymnastics team for their accomplishments, enthusiasm, dedication, and hard work.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the Seattle Pacific University womens' gymnastics team, who were seated in the gallery.
POINT OF ORDER
Senator Benton: "Thank you, Mr. President. I rise to a point of order. Under Rule 46, it says, 'No committee shall sit during the daily session of the senate unless by special leave.' My question is, I understand the Transportation Conference Committee is meeting. Has the President or the Senate granted them special leave to do so?"
REPLY BY THE PRESIDENT
President Owen: "Senator Benton, I believe there is a motion pending on that issue and we will resolve that momentarily."
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5229,
SUBSTITUTE SENATE BILL NO. 5462.
MOTION
On motion of Senator Johnson, all of the Conference Committees that have been meeting for the past twenty-five minutes were granted special leave.
FURTHER REMARKS BY PRESIDENT
President Owen: "Senator Johnson, I would like to respond to Senator Benton's inquiry. It has been the tradition of the Senate to allow Conference Committees to meet during a session. However, it would be appropriate that a motion be made to allow that to take place for the remainder of the session if it is going to happen in the future, since you have raised the question."
MOTION
On motion of Senator Johnson, and with permission of the Senate, all Conference Committees were permitted to meet as scheduled, even though those meetings may take place during a regular session on the Senate floor.
MOTION
At 11:26 a.m., on motion of Senator Johnson, the Senate recessed until 3:00 p.m.
The Senate was called to order at 3:00 p.m. by President Owen.
MOTION
On motion of Senator Johnson, the Senate reverted to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8416 by Senator McDonald
Exempting Substitute House Bill No. 1478 from legislative cutoff requirements.
SENATE CONCURRENT RESOLUTION 8416
WHEREAS, Senate Concurrent Resolution No. 8402 established cutoff dates for consideration of legislation during the 1997 Regular Session of the Fifty-Fifth Legislature;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That the cutoff dates established in Senate Concurrent Resolution No. 8402 shall not apply to Substitute House Bill No. 1478 (Winter wildlife feeding).
MOTIONS
On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8416 was advanced to second reading and read the second time.
Senator Johnson moved that the rules be suspended and Senate Concurrent Resolution 8416 be advanced to third reading, the second reading considered the third and the concurrent resolution be placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Johnson to suspend the rules and advance Senate Concurrent Resolution No. 8416 to third reading and final passage.
The motion by Senator Johnson carried and Senate Concurrent Resolution No. 8416 was advanced to third reading and adopted.
SENATE CONCURRENT RESOLUTION NO. 8416 was adopted by voice vote.
MOTIONS
On motion of Senator Johnson, the Senate advanced to the ninth order of business.
On motion of Senator Johnson, the Committee on Rules was relieved of further consideration of Substitute House Bill No. 1478.
MOTIONS
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1478 was advanced to second reading and placed on the second reading calendar.
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1478 by House Committee on Appropriations (originally sponsored by Representatives Clements, Buck, Huff, Lisk, Mulliken, McDonald, Honeyford, Sehlin, McMorris, Sump, Sheldon, Parlette, Skinner, Chandler, Kessler, Hatfield and Grant)
Feeding wildlife during severe winters.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1478 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Hale, Senators Long and Roach were excused.
On motion of Senator Franklin, Senators Bauer, Brown, Hargrove, Kohl and Swanson were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1478.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No.1478 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 0; Absent, 4; Excused, 10.
Voting yea: Senators Anderson, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, Spanel, Swecker, Thibaudeau, Wojahn and Wood - 35. Absent: Senators Stevens, West, Winsley and Zarelli - 4. Excused: Senators Bauer, Brown, Hargrove, Kohl, Long, McCaslin, Roach, Snyder, Strannigan and Swanson - 10. SUBSTITUTE HOUSE BILL NO. 1478, 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 Johnson, the Senate reverted to the third order of business.
MESSAGE FROM THE GOVERNOR
April 23, 1997
TO THE HONORABLE PRESIDENT AND MEMBERS,
THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 23, 1997, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 5283
Relating to clarifying deductions from offender funds other than wages and gratuities.
Engrossed Substitute Senate Bill No. 5286
Relating to intangible personal property.
Senate Bill No. 5370
Relating to reducing the time required for public notice of telecommunications rate reductions.
Substitute Senate Bill No. 5394
Relating to school audits.
Substitute Senate Bill No. 5472
Relating to state caseload forecasts.
Substitute Senate Bill No. 5612
Relating to the registration of architects.
Senate Bill No. 5669
Relating to the collection of the metals mining and milling fee.
Substitute Senate Bill No. 5670
Relating to state-issued solid waste collection certificates in cities and towns.
Senate Bill No. 5681
Relating to third degree assault of health care personnel.
Substitute Senate Bill No. 5714
Relating to the conversion of forest practices.
Substitute Senate Bill No. 5724
Relating to limitation of actions.
Substitute Senate Bill No. 5804
Relating to the elimination of the requirement for a study of the property tax exemptions and valuation rules for computer software.
Engrossed Senate Bill No. 5959
Relating to seed potato production.
Substitute Senate Bill No. 5976
Relating to the use of the title of nurse as a professionally licensed designation.
Senate Bill No. 5997
Relating to the program regulating cosmetology, barbering, esthetics, and manicuring.
Senate Bill No. 5998
Relating to the state cosmetology, barbering, esthetics, and manicuring advisory board.
Senate Bill No. 6004
Relating to creating the education technology revolving fund.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Brad Owen
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Dear President Owen:
We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objections to the sections or items of the bill, as required by Article III, section 12, of the Washington State Constitution:
Sections 125; 202; 203; 207(1); 207(6); 211(3); 212(2); 213(1); 214; 222(2); 301; 302(3); 302(4); 302(5); 302(6); 302(17); 302(19); 302(20); 302(21); 302(22); 307; 501; 503; 504; 510; 514; 515(3); 515(4); 515(5); 517; 601; 602; 603; 604; 605; 606; 607; 608; 609; 610(1); 610(2); 610(3); 611; 714; 716; 719(lines 6-26); and 916, of Substitute Senate Bill No. 6062, the remainder of which has been designated Chapter 149, Laws of 1997 Regular Session.
IN TESTIMONY WHEREOF, I have hereunto set my hand,
and affixed the Seal of the state of Washington, this
24th day of April, 1997.
(Seal) RALPH MUNRO
Secretary of State
PARTIAL VETO MESSAGE FROM THE GOVERNOR
SUBSTITUTE SENATE BILL NO. 6062
April 23, 1997
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 125; 202; 203; 207(1); 207(6); 211(3); 212(2); 213(1); 214; 222(2); 301; 302(3); 302(4); 302(5); 302(6); 302(17); 302(19); 302(20); 302(21); 302(22); 307; 501; 503; 504; 510; 514; 515(3); 515(4); 515(5); 517; 601; 602; 603; 604; 605; 606; 607; 608; 609; 610(1); 610(2); 610(3); 611; 714; 716; 719(lines 6-26); and 916, Substitute Senate Bill No. 6062 entitled:
"AN ACT Relating to fiscal matters;"
On April 20 the Legislature approved Substitute Senate Bill 6062 providing a state operating budget for the 1997-99 Biennium. Today, with my partial veto, I am returning that budget for further deliberation.
In March, I proposed a $19.2 billion state operating budget designed to create a world class education system, protect working families and the environment, and increase accountability in all areas of government. By controlling growth in many programs and eliminating others altogether, the budget I proposed made hard choices that held growth in state spending to its lowest percentage in 25 years, and stayed within the spending limits established by Initiative 601.
Significant parts of the Legislature's budget match the priorities expressed in my budget proposal, while other sections represent reasonable compromises that ensure the efficient delivery of quality services to the citizens of Washington. However, the Legislature's budget is different in two important ways. First, it falls short in providing the excellence we all want for our education system. And secondly, it unnecessarily reduces funding for critical services that help working families, protect abused and neglected children, and safeguard our environment and our economy.
The Legislature has taken the unprecedented action of sending me this budget with sufficient time remaining in the session so that we may resolve our differences and adjourn within the 105 days of this regular session. In the exercise of my veto authority I have acted swiftly, but in a restrained and constructive manner to preserve that opportunity for a timely adjournment.
The issues in contention are limited and can be resolved quickly if the Legislature so chooses. I have focused my attention, and my veto, on several high priorities that I have emphasized from the beginning of my administration: public education, support for working families, services for children and other vulnerable populations, juvenile justice funding, the environment, and fair compensation for teachers and other government employees.
K-12 Education
The state's education reform effort is left without sufficient funding for student learning improvement grants or federal Goals 2000 programs. We are asking teachers to teach to a higher standard and to rigorously assess student achievement by those standards. These funds are a critical component of successful implementation of reform. In addition, the Legislature eliminated support for several targeted state programs that are part of ongoing education reform, including school-to-work grants and funding for internships for principals and superintendents.
The Legislature's proposal increases state matching assistance for property-poor school districts (levy equalization) by only about $4.5 million per year, and only for some of the districts now eligible for that assistance. This is not a sufficient enhancement in assistance for school districts whose ability to raise local levies is hindered by high property tax rates.
The Legislature also eliminated funding for several programs targeted to serve students in school districts with culturally diverse student populations or special learning needs. It eliminates funding for language instruction for preschool students from homes where English is not the primary language, and proposes a new way to distribute funds for bilingual education without adequate evaluation of the possible impacts of such a change. Eliminating funds for students with special needs forces schools and teachers to divert resources from other students.
Therefore, I have vetoed targeted sections of the Superintendent of Public Instruction budget so that the Legislature can improve its level of funding commitment to K-12 education programs in these and other areas.
Higher Education
While I applaud the Legislature's commitment to access through increased enrollment at colleges and universities, another critical element of accessibility is affordability. This budget provides insufficient funding to increase financial aid for the state's growing higher education population and threatens to limit access to a public higher education by students with low incomes and limited resources.
To recruit and retain quality personnel for the critical mission of educating our state's population into the twenty-first century, the operating budget should include state funding to raise university faculty salaries to levels competitive with peer institutions, mitigate salary disparities for community and technical college part-time faculty, and provide adequate cost-of-living increases for all education employees.
The Legislature needs to create a more effective approach to accountability for higher education institutions. Performance measures, numeric goals and annual improvement targets should not be established through a political process, but with careful deliberation and collaboration between higher education institutions and the Higher Education Coordinating Board and State Board for Community and Technical Colleges. The Legislature's timeline for release of incentive funds is unworkable.
I remain strongly committed to holding institutions of higher education accountable, including financial incentives for improved performance, and I look forward to working with the Legislature to develop a strong but realistic policy.
Finally, while I support the notion of holding institutions financially accountable for meeting a reasonable enrollment target, the sanction proposed by the Legislature is unworkable.
In order to address these and other issues, funding for each institution must be altered, and therefore I have vetoed most sections of the higher education budget.
Support for Working Families
The budget provides low levels of financial aid and support services for dislocated and unemployed workers and for low-income students in work-based learning programs. Community and technical colleges must continue to improve opportunities and assistance for parents who need to get off welfare and low-wage workers who need to improve their job skills.
The Basic Health Plan budget does not provide reasonable access to affordable health insurance for Washington's low-income working families. The budget would continue the current freeze on enrollment levels. Premium increases in the budget will make this insurance program unaffordable to many families. By increasing the cost of financial sponsorship (by community groups, family members and others who pay premiums on behalf of the previously uninsured) the budget would eliminate coverage for many current enrollees. The Legislature needs to improve funding for the Plan to keep the commitment made by members of both parties when much of the state's health reform act was repealed.
Meeting Our Responsibilities for Children and Others in Need
While I appreciate and applaud the improvements in children's services funding in the conference budget, compared to the original legislative budgets, one key issue still needs to be addressed: I urge the Legislature to add additional field staff for Children and Family Services. My budget included funding to ensure that the minimum legal and policy requirements would be met as the agency works to protect children from abuse and neglect.
The Legislature's budget also requires that General Assistance-Unemployable recipients needing alcohol or drug treatment be assigned a protective payee to protect their cash assistance. While I support the concept of protective payees in this program, the legislative budget proposes unnecessarily deep reductions in the General Assistance program. I cannot support policy changes that increase administrative costs when basic cash and medical assistance benefits are not adequately funded. We should be able to devise a final budget that provides increased accountability while meeting our responsibility to those unable to participate in the workforce.
Affordable child care is a crucial part of successfully moving people from welfare to work. I will work with the Legislature to devise a workable co-payment schedule for low income working parents supported by adequate funding in the budget.
Water and the Columbia River Gorge Commission
Water is critical for the state's economy, our fish and our quality of life. Funding for water issues in the Dept. of Ecology is not adequate. In addition, no funding is included for progress on water issues in the Departments of Health, Fish and Wildlife, and Community, Trade, and Economic Development. In order to break the water resources impasse, these agencies must have adequate funding for water resource management.
Although I have vetoed funding for water-related legislation that has not yet passed, my administration will continue to work with legislators to reach agreement on these bills and a funding package. My intent is to keep our options for progress open. As water legislation reaches my desk, only adequately funded measures will be considered for approval.
The funding provided for the Columbia River Gorge Commission is inadequate to meet state and federal obligations under the National Scenic Area Act (P.L. 99-663) and the Scenic Area Compact (RCW 43.97). Failure to restore full funding is likely to result in the U.S. Secretary of Agriculture assuming direct control of all permitting within the scenic area under Section 14(e) of the act.
Juvenile Justice
The Department of Corrections and the Juvenile Rehabilitation Administration within DSHS are affected by the Juvenile Justice legislation currently being considered. I have been encouraged by the good faith efforts of the fiscal chairs to fully fund the legislation. At least one version currently under consideration would require a reallocation of resources among agencies without increasing the total funding. My vetoes are intended to take advantage of the opportunity to reallocate the funds to match the final bill.
Teacher and Other Compensation
K-12 teachers, Higher Education faculty and staff, certain vendors, and state employees have had one 4 percent cost of living adjustment in four years. The Legislature's budget proposes to provide one 3 percent increase in two years. In the past, teachers and other public employees have shared the burden of economic tough periods in budgets that provided no salary increases. This is not such a time. We have granted tax cuts and continue to have ongoing revenue we can spend under the Initiative 601 limit. By barely covering the one-half of the anticipated cost of inflation in the next two years, we risk losing our best teachers, faculty and other public servants. The legislative budget also lags implementation of SB 6767 salary adjustments. We can and must do better.
For these reasons, I have vetoed the following sections of the budget:
Section 125, pages 12-16 (Department of Community, Trade, and Economic Development);
Section 202, pages 27-31 (Department of Social and Health Services — Children and Family Services Program);
Section 203, pages 31-34 (Department of Social and Health Services — Juvenile Rehabilitation Administration);
Section 207 (1), page 43, General Assistance-Unemployable Program (Department of Social and Health Services — Economic Services Program);
Section 207 (6), pages 43-44, Child Care (Department of Social and Health Services — Economic Services Program);
Section 213 (1), page 49, Vendor Rate Increases (Department of Social and Health Services);
Section 214, pages 50-51 (State Health Care Authority);
Section 222 (2), pages 59-60 (Department of Corrections, Institutional Services);
Section 301, page 64 (Columbia River Gorge Commission);
Section 302 (3), (4), (5), and (6), pages 66-67; and (19), (20), (21), and (22), page 69, provisos relating to water bills (Department of Ecology);
Section 307, pages 72-75 (Department of Fish and Wildlife);
Section 501, pages 82-88, For State Administration (Superintendent of Public Instruction);
Section 503, pages 94-97, For Basic Education Employee Compensation (Superintendent of Public Instruction);
Section 504, pages 98-100, For School Employee Compensation (Superintendent of Public Instruction);
Section 510, pages 105-106, For Local Effort Assistance (Superintendent of Public Instruction);
Section 514, pages 107-108, Education Reform Programs (Superintendent of Public Instruction);
Section 515 (3), (4), (5), pages 109, For Transitional Bilingual Programs (Superintendent of Public Instruction);
Section 517, pages 110-112, Local Enhancement Funds (Superintendent of Public Instruction);
Section 601 through 609, pages 113-125 (Higher Education);
Section 610 (1), (2), (3), pages 125-126 (Higher Education Coordinating Board — Policy Coordination and Administration);
Section 611, pages 127-130 (Higher Education Coordinating Board — Financial Aid and Grant Programs);
Section 714, page 138 (Salary Cost of Living Adjustment); and
Section 716, pages 139-140 (Compensation Actions of Personnel Resources Board).
Other Issues Needing Resolution
While I have chosen to use my veto authority selectively to address major issues presented by the Legislature's budget, I am also concerned about several other areas of the budget. These include the level of funding for the Growth Management Hearings Boards, the Office of Financial Management, agencies for Health Policy, the Department of Natural Resources, and the State Patrol.
Of particular concern are reductions in the Department of Health budget and for the General Assistance-Unemployable program.
In the Department of Health, additional funding is required for the AIDS Prescription Drug Program to continue to make available successful drug therapies both for current enrollees and anticipated demand. These drugs are proving very beneficial in improving the health and life expectancy of people with HIV.
In addition, I continue to place a priority on establishing a comprehensive Child Death Review system. Other states, including Oregon, have found real benefits for children in understanding the causes of all child deaths in their states. I urge the Legislature to make this additional investment in our children's health and safety.
Finally, in the Department of Health, the 70 percent reduction in current funding levels for the pesticide program will harm the ability of farmers, workers and the public to use pesticides safely.
Reductions to the General Assistance-Unemployable program will result in discontinuation of cash and medical assistance for 4,000 disabled people in communities throughout the state. Besides the human cost of this reduction, local governments, merchants, and social services agencies will bear the brunt of this reduction.
Budget discussions over the remaining days of the legislative session are an opportunity for us to resolve these important issues as well.
Additional Vetoes
In addition to the items above, I have also vetoed a number of items for the reasons set out below:
Section 211 (3), page 47, (Department of Social and Health Services — Administration and Supporting Services)
Consistent with my opposition to any measure which is divisive, hurtful or disrespectful of our fellow Washingtonians, I have vetoed this proviso.
Section 212 (2), page 48, Child Support Waiver (Department of Social and Health Services — Child Support Program)
This proviso requires the Department of Social and Health Services (DSHS) to request a waiver from federal support enforcement regulations to replace current program audit criteria with performance measures based on program outcomes. The federal government has already replaced its process-based audit criteria with performance-based criteria. DSHS currently operates under a performance-based agreement with the federal government. There is no need for a waiver, therefore I have vetoed this proviso.
Section 302 (17), page 68, Restriction on the purchase of special purpose (four-wheel drive) vehicles (Department of Ecology)
Section 302 (17) requires the Department of Ecology (DOE) to reduce its fleet of special purpose vehicles by 50 percent by June 30, 1999. In addition, DOE is required to replace the special purpose vehicles with fuel efficient vehicles or not replace them at all, depending on the agency's vehicle requirements. This restriction will severely impair DOE's ability to reach remote areas to attain water quality samples, respond to oil and hazardous materials spills, and support the Washington Conservation Corps program.
Section 719, page 142, Lines 6-26 (For the Office of Financial Management — Regulatory Reform)
This section makes appropriations to the Office of Financial Management for allocations to agencies for the implementation of Engrossed Second Substitute House Bill 1032 (regulatory reform) and Engrossed Substitute Senate Bill 5105 (state/federal rules). This funding is based on estimated impacts of an earlier version of House Bill 1032. It is not clear that the amount is sufficient for the current version of the bill, which reduces certain costs but adds provisions that will impact a wider group of agencies. I am also concerned to find that no additional funding is provided to implement Engrossed Substitute Senate Bill 5105, which also requires agencies to review their rules, but on a different schedule and with different criteria than the ones required under the House bill. On March 25, 1997, I signed an Executive Order requiring agencies to implement key features of regulatory reform, including a review of their major rules; however, I do not expect agencies to be able to absorb the costs of doing multiple comprehensive reviews of their rules. For these reasons I have vetoed this proviso, to give the Office of Financial Management greater flexibility and will work with the Legislature to perfect funding levels and language in the final budget.
Section 916, page 154, Prohibition on expenditures for the Governor's Council on Environmental Education
Section 916 prohibits the use of funds in the omnibus appropriations act on the Governor's Council on Environmental Education. There are eleven state agencies that work with the state's environmental community and federal agencies on environmental education related activities. Funding for the Council is necessary to promote efficient and coordinated efforts in this area.
With the exception of sections 125; 202; 203; 207 (1); 207 (6); 211 (3); 212 (2); 213 (1); 214; 222 (2); 301; 302 (3); 302 (4); 302 (5); 302 (6); 302 (17); 302 (19); 302 (20); 302 (21); 302 (22); 307; 501; 503; 504; 510; 514; 515 (3); 515 (4); 515 (5); 517; 601; 602; 603; 604; 605; 606; 607; 608; 609; 610 (1); 610 (2); 610 (3); 611; 714; 716; 719 (lines 6-26); and 916, Substitute Senate Bill 6062 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Johnson, the partial veto message on Substitute Senate Bill No. 6062 was held at the desk.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
CHANGE IN CONFERENCE COMMITTEE TO SENATE BILL NO. 5650
The President appointed Senator Patterson to replace Senator Haugen as a conferee to Senate Bill No. 5650.
MOTION
On motion of Senator Johnson, the change in conferees was confirmed.
MESSAGES FROM THE HOUSE
April 24, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5104,
SUBSTITUTE SENATE BILL NO. 5175,
SUBSTITUTE SENATE BILL NO. 5267,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5274,
SUBSTITUTE SENATE BILL NO. 5505,
SUBSTITUTE SENATE BILL NO. 5521,
SENATE BILL NO. 5571,
ENGROSSED SENATE BILL NO. 5590,
SUBSTITUTE SENATE BILL NO. 5676,
SUBSTITUTE SENATE BILL NO. 5701,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5739,
SUBSTITUTE SENATE BILL NO. 5749,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5759,
SUBSTITUTE SENATE BILL NO. 5768,
SUBSTITUTE SENATE BILL NO. 5770,
SUBSTITUTE SENATE BILL NO. 5785,
SUBSTITUTE SENATE BILL NO. 5803,
SUBSTITUTE SENATE BILL NO. 5827,
SENATE BILL NO. 5831,
ENGROSSED SENATE BILL NO. 5915,
SENATE BILL NO. 5968,
SENATE BILL NO. 5991,
SECOND SUBSTITUTE SENATE BILL NO. 6002,
SUBSTITUTE SENATE BILL NO. 6030,
ENGROSSED SENATE BILL NO. 6039,
ENGROSSED SENATE BILL NO. 7900, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 24, 1997
MR. PRESIDENT:
The Speaker has signed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2050, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 24, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5157. The Speaker has appointed the following members as conferees: Representatives Pennington, Boldt and Dunshee.
TIMOTHY A. MARTIN, Chief Clerk
April 24, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1485 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2050.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1729 and asks the Senate to recede therefrom, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Morton, the Senate receded from its amendment(s) to Substitute House Bill No. 1729.
MOTION
On motion of Senator Hale, Senators Winsley and Zarelli were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1729 without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No.1729, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 2; Excused, 8.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Swanson, Swecker, Thibaudeau, Wojahn and Wood - 39. Absent: Senators Finkbeiner and West - 2. Excused: Senators Brown, Hargrove, McCaslin, Snyder, Stevens, Strannigan, Winsley and Zarelli - 8. SUBSTITUTE HOUSE BILL NO. 1729, without the Senate amendment(s), 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.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1118 and asks the Senate to recede therefrom, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Morton moved that the Senate recede from its amendment(s) to Substitute House Bill No. 1118.
POINT OF INQUIRY
Senator Fraser: "Senator Morton, could you please explain what the Senate amendment is--that we would be receding from?"
Senator Morton: "We had priority dates in the junior permit certificates previous to the file claims and we are deleting our portion of the amendment that directed to that."
The President declared the question before the Senate to be the motion by Senator Morton that the Senate recede from its amendment(s) to Substitute House Bill No. 1118.
The motion by Senator Morton carried and the Senate receded from its amendment(s) to Substitute House Bill No. 1118.
MOTION
On motion of Senator Hale, Senators Finkbeiner and West were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1118, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No.1118, without the Senate amendment(s), and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 16; Absent, 0; Excused, 9.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Hale, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Swecker and Wood - 24. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 16. Excused: Senators Finkbeiner, Hargrove, McCaslin, Snyder, Stevens, Strannigan, West, Winsley and Zarelli - 9. SUBSTITUTE HOUSE BILL NO. 1118, without the Senate amendment(s), having failed to receive the constitutional majority, was declared lost.
MESSAGE FROM THE HOUSE
April 23, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5781 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives D. Schmidt, D. Sommers and Scott.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Long moved that the Senate refuse to grant the request of the House for a conference on Substitute Senate Bill No. 5781, insists on its position regarding the House amendment(s) and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate refuse to grant the request of the House for a conference on Substitute Senate Bill No. 5781, insists on its position regarding the House amendment(s) and asks the House to recede therefrom.
The motion by Senator Long carried and the Senate refuses to grant the request of the House for a conference on Substitute Senate Bill No. 5781, insists on its position regarding the House amendment(s) and asks the House to recede therefrom.
There being no objection, the Senate resumed consideration of House Bill No. 1388, deferred earlier today on second reading after suspension of the rules, and the pending motion by Senator Long to adopt the striking amendment by Senators Long and Hargrove.
The President declared the question before the Senate to the adoption of the striking amendment, under suspension of the rules, to House Bill No. 1388.
The motion by Senator Long carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Long, the following title amendment was adopted:
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "and amending RCW 72.65.220." On motion of Senator Long, the rules were suspended, House Bill No. 1388, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Prentice was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1388, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No.1388, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 1; Excused, 10.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Swanson, Swecker, Thibaudeau, Wojahn and Wood - 38. Absent: Senator Anderson - 1. Excused: Senators Finkbeiner, Hargrove, McCaslin, Prentice, Snyder, Stevens, Strannigan, West, Winsley and Zarelli - 10. HOUSE BILL NO. 1388, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION FOR IMMEDIATE RECONSIDERATION OF SUBSTITUTE HOUSE BILL NO. 1118
Having voted on the prevailing side, Senator Brown moved to immediately reconsider the vote by which Substitute House Bill No. 1118, without the Senate amendment(s), failed to pass the Senate.
MOTION
Senator Johnson moved to defer Senator Brown's motion for reconsideration of Substitute House Bill No. 1118, without the Senate amendment(s).
POINT OF ORDER
Senator Heavey: "A point of order. Doesn't the motion to reconsider have priority over almost any other motion or a lot of motions--and certainly one to defer it?"
REPLY BY THE PRESIDENT
President Owen: "The President believes that the motion to immediately reconsider has a higher rank and must be disposed with first. It may not be deferred."
The President declared the question before the Senate to be the motion by Senator Brown that the Senate immediately reconsider the vote by which Substitute House Bill No. 1118, without the Senate amendment(s), failed to pass the Senate.
The motion by Senator Brown carried and the Senate will immediately reconsider the vote by which Substitute House Bill No. 1118, without the Senate amendment(s), failed to pass the Senate.
MOTION
On motion of Senator Johnson, further consideration of Substitute House Bill No. 1118, without the Senate amendment(s) on reconsideration, was deferred.
MESSAGE FROM THE HOUSE
April 24, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 5127 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Carrell, Mulliken and Conway.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate granted the request of the House for a conference on Second Substitute Senate Bill No. 5127 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Second Substitute Senate Bill No. 5127 and the House amendment(s) thereto: Senators Deccio, Wojahn and Winsley.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 24, 1997
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1565 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Pennington, Mielke and Regala.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate granted the request of the House for a conference on Substitute House Bill No. 1565 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 1565 and the Senate amendment(s) thereto: Senators Benton, Jacobsen and Rossi.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 16, 1997
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5842 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.93.010 and 1992 c 175 s 1 are each amended to read as follows:
(1) The legislature finds:
(a) Washington state is experiencing rapid population growth and its citizens are increasingly mobile;
(b) There is a fundamental need for a healthful, clean, and beautiful environment;
(c) The proliferation and accumulation of litter discarded throughout this state impairs this need and constitutes a public health hazard;
(d) There is a need to conserve energy and natural resources, and the effective litter control and recovery and recycling of litter materials will serve to accomplish such conservation; and
(e) In addition to effective litter control, there must be effective programs to accomplish waste reduction, the state's highest waste management priority((; and
(f) There must also be effective systems to accomplish all components of recycling, including collection, processing, and the marketing of recyclable materials and recycled content products)).
(2) Recognizing the multifaceted nature of the state's solid waste management problems, the legislation enacted in 1971 and entitled the "Model Litter Control and Recycling Act" is hereby renamed the "waste reduction, recycling, and model litter control act."
Sec. 2. RCW 70.93.020 and 1992 c 175 s 2 are each amended to read as follows:
The purpose of this chapter is to accomplish litter control, increase waste reduction, and stimulate all components of recycling throughout this state by delegating to the department of ecology the authority to:
(1) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible;
(2) Recover and recycle waste materials related to litter and littering;
(3) Foster public and private recycling of recyclable materials; and
(4) Increase public awareness of the need for waste reduction, recycling, and litter control.
((It is further the intent and purpose of this chapter to promote markets for recyclable materials through programs of the clean Washington center and other means.))
It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup and related activities and to stimulate and encourage small, private recycling centers. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable. Every other department of state government and all local governmental units and agencies of this state shall cooperate with the department of ecology in the administration and enforcement of this chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts.
Sec. 3. RCW 70.93.180 and 1992 c 175 s 8 are each amended to read as follows:
(1) There is hereby created an account within the state treasury to be known as the "waste reduction, recycling, and litter control account". Moneys in the account may be spent only after appropriation. After June 30, 1997, expenditures from the waste reduction, recycling, and litter control account shall be used as follows:
(a) ((From July 1, 1992, to June 30, 1993, funds shall be used for programs to: Control litter; encourage recycling; develop markets for recyclable materials; and enforce compliance with the litter tax imposed in RCW 82.19.010.
(b) After June 30, 1993, funds shall be used as follows:
(i) Not less than forty percent nor more than)) Fifty percent for a litter patrol program to employ youth from the state to remove litter from places and areas that are most visible to the public ((and to enforce compliance with the litter tax imposed in RCW 82.19.010)). The department may enter into an interagency agreement with the department of corrections to provide for litter removal in areas that are not accessible to the youth crew;
(b) Twenty percent for grants to local governments for litter cleanup under RCW 70.93.250; ((and
(ii) Not more than sixty)) (c) Thirty percent for the following purposes:
(i) Public education and awareness programs to reduce waste, increase recycling, and to control litter; ((programs to promote public education and awareness of the model litter control and recycling act; programs to foster private local recycling efforts, encourage recycling, and develop markets for recyclable materials; and))
(ii) Programs to foster local waste reduction and recycling efforts; and
(iii) To increase compliance with the litter tax imposed in RCW 82.19.010.
(2) All taxes imposed in RCW 82.19.010 and fines and bail forfeitures collected or received pursuant to this chapter shall be deposited in the waste reduction, recycling, and litter control account and used for the programs under subsection (1) of this section((, and except as required to be otherwise distributed under RCW 70.93.070)).
Sec. 4. RCW 82.19.010 and 1992 c 175 s 3 are each amended to read as follows:
In addition to any other taxes, there is hereby levied and there shall be collected by the department of revenue from every person for the privilege of engaging within this state in business as a manufacturer, as a wholesaler, or as a retailer, ((an annual)) a quarterly litter tax equal to the value of products listed in RCW 82.19.020, including byproducts, manufactured within this state, multiplied by fifteen one-thousandths of one percent in the case of manufacturers, and equal to the gross proceeds of sales of the products listed in RCW 82.19.020 that are sold within this state multiplied by fifteen one-thousandths of one percent in the case of wholesalers and retailers.
NEW SECTION. Sec. 5. (1) The department shall convene a task force to review and make recommendations on the implementation of the waste reduction, recycling, and model litter control act. The task force shall consist of four legislators, one from each caucus; one person each to represent the departments of ecology, transportation, and corrections; two persons each to represent cities and counties; one person to represent private recyclers; and one person each to represent four different industry groups paying the tax imposed under RCW 82.19.010. Members of the house of representatives shall be appointed by the speaker of the house of representatives and members of the senate shall be appointed by the president of the senate. Agency representatives shall be appointed by the appropriate agency director. All other appointments shall be made by the director of the department of ecology. The task force shall submit a report to the appropriate committees of the house of representatives and senate by December 1, 1997. The report shall contain specific recommendations on: (a) The appropriate funding levels for activities funded under RCW 70.93.180; (b) coordinating or consolidating state, local, and volunteer litter pickup programs; and (c) litter tax compliance and equity issues.
(2) This section expires June 30, 1998.
NEW SECTION. Sec. 6. Section 4 of this act takes effect January 1, 1998."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Swecker moved that the Senate refuse to concur in the House amendment to Second Substitute Senate Bill No. 5842 and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Swecker that the Senate refuse to concur in the House amendment to Second Substitute Senate Bill No. 5842 and asks the House to recede therefrom.
The motion by Senator Swecker carried and the Senate refuses to concur in the House amendment to Second Substitute Senate Bill No. 5842 and asks the House to recede therefrom.
MOTION
At 4:13 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 4:16 p.m. by President Owen.
MOTION
At 4:16 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Friday, April 25, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate