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JOURNAL OF THE SENATE
1999 REGULAR SESSION
STATE OF WASHINGTON
FIFTY-SIXTH LEGISLATURE
FIRST DAY
- - - - - - -
NOON SESSION
- - - - - - -
Senate Chamber, Olympia, Monday, January 11, 1999
At 12:00 noon, pursuant to law, the Senate of the 1999 Regular Session of the Fifty-sixth Legislature of the state of Washington assembled in the Senate Chamber at the State Capitol. Lieutenant Governor Brad Owen, President of the Senate, called the Senate to order.
The Washington State Patrol Honor Guard, consisting of Troopers Ted Dehart, Craig Anders, Wilhelmina Boxhoorn, Zachary Elmore, Darrin Latimer, John Sager and Lance Ramsay, presented the Colors.
The President led the Senate in the Pledge of Allegiance.
Reverend Lance Williamson, pastor of the Evergreen Presbyterian Church in Graham, Washington, offered the prayer.
INTRODUCTION OF LAKEFAIR QUEEN
The President welcomed and introduced Nikki Chow, the 1998-1999 Lakefair Queen, who was seated on the rostrum.
With permission of the Senate, business was suspended for Queen Nikki to welcome the Senators to Olympia.
EDITOR'S NOTE: The following letters of resignation, appointment and oaths of office were received during the 1998 Interim:
LETTER OF RESIGNATION
WASHINGTON STATE SENATE
Senator Ann Anderson
42nd Legislative District
September 11, 1998
Mike O'Connell
Secretary of the Senate
P.O. Box 40482
Olympia, WA 98504
Dear Mike:
This correspondence is to notify you of my formal resignation from my 42nd District Senate Seat that will be effective as of September 15, 1998.
As you may know by now, Governor Locke has appointed me to the Tax Appeals Board. As a criteria for serving, no member of that board can concurrently hold another elected office. Hence my notice of resignation.
Obviously it is with some sadness that I submit this letter after serving in the Senate for twelve years. However, I am looking forward to the challenge of serving on the Tax Appeals Board, not to mention the less stress associated with the job.
Sincerely,
ANN ANDERSON, State Senator, 42nd Legislative District
CERTIFICATE OF APPOINTMENT
WHATCOM COUNTY COUNCIL
The Whatcom County Council voted at their regular Council Meeting of November 10, 1998, to appoint Mr. Joe Elenbaas to fill the Washington State Senate position in the 42nd District vacated by Ann Anderson's resignation until the newly-elected member takes office. The vote was 4-3 in favor with Dawson opposed, and Sutter and Imhof abstaining.
MARINA ENGELS, Deputy Clerk of the Council
EDITOR'S NOTE: After being appointed by the Whatcom County Office to fill the unexpired term of Senator Ann Anderson, Joe Elenbaas took the oath of office for State Senator for the 42nd Legislative District.
OATH OF OFFICE FOR UNEXPIRED TERM
OATH OF SENATOR FOR THE STATE OF WASHINGTON
42nd LEGISLATIVE DISTRICT
I, JOE ELENBAAS, do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.
SENATOR JOSEPH ELENBAAS
Subscribed and sworn to before me this 12th day of November, 1998
SHIRLEY FORSLOF
WHATCOM COUNTY AUDITOR
EDITOR'S NOTE: After the returns of the general election of November 3, 1998, were certified, Georgia Gardner took the oath of office to fill the unexpired term of State Senator for the 42nd Legislative District.
OATH OF OFFICE FOR UNEXPIRED TERM
OATH OF SENATOR FOR THE STATE OF WASHINGTON
42nd LEGISLATIVE DISTRICT
I, GEORGIA GARDNER, do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.
SENATOR GEORGIA GARDNER
Subscribed and sworn to before me this 23rd day of November, 1998
CHARLES Z. SMITH
Supreme Court Justice
LETTER OF RESIGNATION
WASHINGTON STATE SENATE
Senator Eugene Prince
9th Legislative District
December 31, 1998
The Honorable Gary Locke
Office of the Governor
2nd Floor Legislative Building
Olympia, WA 98504
Dear Gary:
I am writing to notify you of my decision to resign my current position as State Senator of the 9th Legislative District.
I would like to make this effective as of Sunday, January 10th, at midnight - leaving my position open for appointment on Monday, January 11, 1999.
Thank you very much.
Sincerely,
EUGENE PRINCE, State Senator, 9th Legislative District
MESSAGE FROM THE SECRETARY OF STATE
The Honorable
President of the Senate
The Legislature of the State of Washington
Olympia, Washington
Mr. President:
I, Ralph Munro, Secretary of State of the state of Washington, do hereby certify that the following is a full, true, and correct list of persons elected to the office of State Senator at the State General Election held in the state of Washington on the third day of November, 1998, as shown by the official returns of said election now on file in the office of the Secretary of State, together with a list of “holdover” Senators:
SENATORS ELECTED NOVEMBER 3, 1998
DISTRICT NAME COUNTIES REPRESENTED
No. 6 West, James (R) Spokane (part)
No. 7 Morton, Bob (R) Ferry, Lincoln, Okanogan (part),
Pend Oreille, Spokane (part),
Stevens
No. 8 Hale, Patricia (R) Benton (part)
No. 13 Hochstatter, Harold (R) Benton (part), Grant (part),
Kittitas, Yakima (part)
No. 15 Honeyford, Jim (R) Benton (part), Klickitat,
Skamania (part), Yakima (part)
No. 21 Shin, Paull (D) Snohomish (part)
No. 26 Oke, Bob (R) Kitsap (part), Pierce (part)
No. 29 Franklin, Rosa (D) Pierce (part)
No. 30 Eide, Tracey (D) King (part), Pierce (part)
No. 31 Roach, Pam (R) King (part), Pierce (part)
No. 32 Fairley, Darlene (D) King (part)
No. 33 Patterson, Julia (D) King (part)
No. 34 Heavey, Michael (D) King (part)
No. 35 Sheldon, Timothy (D) Grays Harbor (part), Kitsap (part),
Mason, Thurston (part)
No. 36 Kohl, Jeanne (D) King (part)
No. 37 Kline, Adam (D) King (part)
No. 38 Costa, Jeri (D) Snohomish (part)
No. 42 Gardner, Georgia (D) Whatcom (part)
No. 43 Thibaudeau, Pat (D) King (part)
No. 44 Long, Jeanine (R) Snohomish (part)
No. 45 Finkbeiner, Bill (R) King (part)
No. 46 Jacobsen, Ken (D) King (part)
No. 47 Johnson, Stephen (R) King (part)
No. 48 McDonald, Dan (R) King (part)
STATE SENATORS “HOLDOVERS”
DISTRICT NAME COUNTIES REPRESENTED
No. 1 McAuliffe, Rosemary (D) King (part), Snohomish (part)
No. 2 Rasmussen, Marilyn (D) Pierce (part)
No. 3 Brown, Lisa (D) Spokane (part)
No. 4 McCaslin, Bob (R) Spokane (part)
No. 5 Rossi, Dino (R) King (part)
No. 9 (Vacant) Adams, Asotin (part),
Spokane (part), Whitman
No. 10 Haugen, Mary Margaret (D) Island, Skagit (part),
Snohomish (part)
No. 11 Prentice, Margarita (D) King (part)
No. 12 Sellar, George (R) Chelan, Douglas, Grant (part),
Okanogan (part)
No. 14 Deccio, Alex (R) Yakima (part)
No. 16 Loveland, Valoria (D) Asotin (part), Columbia, Franklin,
Garfield, Walla Walla
No. 17 Benton, Don (R) Clark (part), Skamania (part)
No. 18 Zarelli, Joseph (R) Clark (part), Cowlitz (part),
Lewis (part)
No. 19 Snyder, Sid (D) Cowlitz (part), Grays Harbor
(part), Pacific, Wahkiakum
No. 20 Swecker, Dan (R) Lewis (part), Pierce (part),
Thurston (part)
No. 22 Fraser, Karen (D) Thurston (part)
No. 23 Sheldon, Betti (D) Kitsap (part)
No. 24 Hargrove, James (D) Clallam, Grays Harbor (part),
Jefferson
No. 25 Goings, Calvin (D) King (part), Pierce (part)
No. 27 Wojahn, R. Lorraine (D) Pierce (part)
No. 28 Winsley, Shirley (R) Pierce (part)
No. 39 Stevens, Val (R) King (part), Snohomish (part)
No. 40 Spanel, Harriet (D) San Juan, Skagit (part),
Whatcom (part)
No. 41 Horn, Jim (R) King (part)
No. 49 Bauer, Albert (D) Clark (part)
IN TESTIMONY WHEREOF, I have
hereunto set my hand, and affixed
the seal of the state of Washington
at Olympia this eleventh day of
January, 1999.
(Seal)
RALPH MUNRO
Secretary of State
FURTHER MESSAGE FROM THE SECRETARY OF STATE
The Honorable President of the Senate
The Legislature of the State of Washington
Olympia, Washington
I, Ralph Munro, Secretary of State of the state of Washington, do hereby certify that according to the provisions of RCW 29.62.130, I have canvassed the returns of the 1,939,421 votes cast by the 3,119,562 registered voters of the state for and against the initiatives and referendum which were submitted to the vote of the people at the state general election held on the 3rd day of November, 1998, as received from the County Auditors.
INITIATIVE TO THE PEOPLE 688
"Shall the state minimum wage be increased from $4.90 to $5.70 in 1999 and to $6.50 in 2000, and afterwards be annually adjusted
for inflation?"
YES. . . . . . . . . . . . . . . . . . . . . . . . .1,259,470
NO. . . . . . . . . . . . . . . . . . . . . . . . . . 644,764
INITIATIVE TO THE PEOPLE 692
"Shall the medical use of marijuana for certain terminal or debilitating conditions be permitted, and physicians authorized to advise patients about medical use of marijuana?"
YES. . . . . . . . . . . . . . . . . . . . . . . . .1,121,851
NO. . . . . . . . . . . . . . . . . . . . . . . . . . 780,631
INITIATIVE TO THE PEOPLE 694
"Shall the termination of a fetus' life during the process of birth be a felony crime except when necessary to prevent the pregnant
woman's death?"
YES. . . . . . . . . . . . . . . . . . . . . . . . . 802,376
NO. . . . . . . . . . . . . . . . . . . . . . . . . .1,070,360
REFERENDUM BILL 49
"Shall motor vehicle excise taxes be reduced and state revenues reallocated; $1.9 billion in bonds for state and local highways
approved; and spending limits modified?"
YES. . . . . . . . . . . . . . . . . . . . . . . . .1,056,786
NO. . . . . . . . . . . . . . . . . . . . . . . . . . 792,783
INITIATIVE TO THE LEGISLATURE 200
"Shall government be prohibited from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in public employment, education and contracting?"
YES. . . . . . . . . . . . . . . . . . . . . . . . .1,099,410
NO. . . . . . . . . . . . . . . . . . . . . . . . . . 788,930
I, further certify that, according to the provisions of RCW 43.07.030, I have canvassed the returns of the votes cast at the state general election held on the 3rd day of November, 1998, for all federal, legislative and joint judicial offices, and that the votes cast for candidates for these offices are as follows:
UNITED STATES SENATE
Patty Murray (D). . . . . . . . . . . . . . .1,103,184
Linda Smith (R). . . . . . . . . . . . . . . . .785,377
U.S. REPRESENTATIVE, District 1
Jay Inslee (D). . . . . . . . . . . . . . . . . . 112,726
Rick White (R). . . . . . . . . . . . . . . . . . 99,910
Bruce Craswell (AH). . . . . . . . . . . . . .13,837
U.S. REPRESENTATIVE, District 2
Grethe Cammermeyer (D). . . . . . . . .100,776
Jack Metcalf (R). . . . . . . . . . . . . . . . .124,125
U.S. REPRESENTATIVE, District 3
Brian Baird (D). . . . . . . . . . . . . . . . . 120,364
Don Benton (R). . . . . . . . . . . . . . . . . . 99,855
U.S. REPRESENTATIVE, District 4
Gordon Allen Pross (D). . . . . . . . . . . .43,043
Doc Hastings (R). . . . . . . . . . . . . . . . 121,684
Peggy S. McKerlie (RFM). . . . . . . . . .11,363
U.S. REPRESENTATIVE, District 5
Brad Lyons (D). . . . . . . . . . . . . . . . . . 73,545
George Nethercutt. (R). . . . . . . . . . . .110,040
John Beal (AH). . . . . . . . . . . . . . . . . . . 9,673
U.S. REPRESENTATIVE, District 6
Norm Dicks (D). . . . . . . . . . . . . . . . .143,308
Bob Lawrence (R). . . . . . . . . . . . . . . . 66,291
U.S. REPRESENTATIVE, District 7
Jim McDermott (D). . . . . . . . . . . . . . 183,076
Stan Lippmann (RFM). . . . . . . . . . . . .19,545
Jeff Powers (SW). . . . . . . . . . . . . . . . . .4,921
U.S. REPRESENTATIVE, District 8
Heidi Behrens-Benedict (D). . . . . . . . 91,371
Jennifer Dunn (R). . . . . . . . . . . . . . . 135,539
U.S. REPRESENTATIVE, District 9
Adam Smith (D). . . . . . . . . . . . . . . . .111,948
Ron Taber (R). . . . . . . . . . . . . . . . . . . 61,108
STATE REPRESENTATIVE, District 1, Position 1
Al O'Brien (D). . . . . . . . . . . . . . . . . . .20,532
Ian Elliot (R). . . . . . . . . . . . . . . . . . . . 16,027
STATE REPRESENTATIVE, District 1, Position 2
Jeanne A. Edwards (D). . . . . . . . . . . . 19,137
Mike Sherstad (R). . . . . . . . . . . . . . . . 17,478
STATE SENATOR, District 7
Bob Morton (R). . . . . . . . . . . . . . . . . .33,431
STATE REPRESENTATIVE, District 7, Position 1
Bob Sump (R). . . . . . . . . . . . . . . . . . . 31,621
STATE REPRESENTATIVE, District 7, Position 2
Cathy McMorris (R). . . . . . . . . . . . . . 32,947
STATE REPRESENTATIVE, District 9, Position 1
Annette S. Hendricks (D). . . . . . . . . . . .9,620
Larry Sheahan (R). . . . . . . . . . . . . . . . 18,742
John J. Gearhart (LBT). . . . . . . . . . . . . 1,233
STATE REPRESENTATIVE, District 9, Position 2
Bob Bobincheck (D). . . . . . . . . . . . . . . 9,634
Mark G. Schoesler (R). . . . . . . . . . . . .19,664
STATE REPRESENTATIVE, District 10, Position 1
Dave Anderson (D). . . . . . . . . . . . . . . 24,503
Gordon Koetje (R). . . . . . . . . . . . . . . .17,568
STATE REPRESENTATIVE, District 10, Position 2
Alec McDougall (D). . . . . . . . . . . . . . 20,390
Kelly Barlean (R). . . . . . . . . . . . . . . . .20,694
STATE REPRESENTATIVE, District 12, Position 1
Clyde Ballard (R). . . . . . . . . . . . . . . . .28,499
STATE REPRESENTATIVE, District 12, Position 2
Linda Evans Parlette (R). . . . . . . . . . . 27,312
STATE SENATOR, District 13
J. T. Gregor (D). . . . . . . . . . . . . . . . . . 11,437
Harold Hochstatter (R). . . . . . . . . . . . 23,245
STATE REPRESENTATIVE, District 13, Position 1
Steve J. Drussell II (D). . . . . . . . . . . . . .9,658
Gary D. Chandler (R). . . . . . . . . . . . . .24,964
STATE REPRESENTATIVE, District 13, Position 2
Vince “TUB” Tomaso (D). . . . . . . . . . .9,741
Joyce Mulliken (R). . . . . . . . . . . . . . . 24,493
STATE SENATOR, District 15
Kevin Jackson (D). . . . . . . . . . . . . . . . .8,640
Jim Honeyford (R). . . . . . . . . . . . . . . .15,466
STATE REPRESENTATIVE, District 15, Position 1
Walter J. Braten (D). . . . . . . . . . . . . . . .8,951
Bruce Chandler (R). . . . . . . . . . . . . . . 14,629
STATE REPRESENTATIVE, District 15, Position 2
Dolores Ledesma (D). . . . . . . . . . . . . . .7,773 Barb Lisk (R). . . . . . . . . . . . . . . . . . . .16,261
STATE REPRESENTATIVE, District 16, Position 1
Dave Mastin (R). . . . . . . . . . . . . . . . . .24,307
STATE REPRESENTATIVE, District 16, Position 2
Bill Grant (D). . . . . . . . . . . . . . . . . . . .23,638
STATE REPRESENTATIVE, District 17, Position 1
Bob Watrous (D). . . . . . . . . . . . . . . . .19,202
Marc Boldt (R). . . . . . . . . . . . . . . . . . .22,552
STATE REPRESENTATIVE, District 17, Position 2
Mike Carmichael (D). . . . . . . . . . . . . .18,994
Jim Dunn (R). . . . . . . . . . . . . . . . . . . . 22,526
STATE REPRESENTATIVE, District 18, Position 1
Chris Mahre (D). . . . . . . . . . . . . . . . . .19,635
Tom Mielke (R). . . . . . . . . . . . . . . . . .23,669
STATE REPRESENTATIVE, District 18, Position 2
John Pennington (R). . . . . . . . . . . . . . 32,873
STATE REPRESENTATIVE, District 19, Position 1
Brian Hatfield (D). . . . . . . . . . . . . . . . 26,810
STATE REPRESENTATIVE, District 19, Position 2
Mark L. Doumit (D). . . . . . . . . . . . . . 26,473
STATE REPRESENTATIVE, District 20, Position 1
Tom Beattie (D). . . . . . . . . . . . . . . . . .16,438
Richard DeBolt (R). . . . . . . . . . . . . . . 23,817
STATE REPRESENTATIVE, District 20, Position 2
Robert Strong (D). . . . . . . . . . . . . . . . 15,352
Gary Alexander (R). . . . . . . . . . . . . . . 24,842
STATE REPRESENTATIVE, District 24, Position 1
Hugh Haffner (D). . . . . . . . . . . . . . . . .19,056
Jim Buck (R). . . . . . . . . . . . . . . . . . . . 27,008
STATE REPRESENTATIVE, District 24, Position 2
Lynn Kessler (D). . . . . . . . . . . . . . . . .33,631
STATE REPRESENTATIVE, District 25, Position 1
Richard Hildeth (D). . . . . . . . . . . . . . .16,376
Joyce McDonald (R). . . . . . . . . . . . . . 21,451
STATE REPRESENTATIVE, District 25, Position 2
Jim Kastama (D). . . . . . . . . . . . . . . . . 22,373
Grant Owen Pelesky (R). . . . . . . . . . . 15,892
STATE SENATOR, District 26
Beth Wilson (D). . . . . . . . . . . . . . . . . .22,769
Bob Oke (R). . . . . . . . . . . . . . . . . . . . .24,231
STATE REPRESENTATIVE, District 26, Position 1
Patricia Lantz (D). . . . . . . . . . . . . . . . 25,659
Lois McMahan (R). . . . . . . . . . . . . . . .20,980
STATE REPRESENTATIVE, District 26, Position 2
Jim Shea (D). . . . . . . . . . . . . . . . . . . . 19,317
Tom Huff (R). . . . . . . . . . . . . . . . . . . .26,422
STATE SENATOR, District 30
Tracey J. Eide (D). . . . . . . . . . . . . . . . 18,616
Ray Schow (R). . . . . . . . . . . . . . . . . . .16,323
STATE REPRESENTATIVE, District 30, Position 1
Mike Miloscia (D). . . . . . . . . . . . . . . . 18,984
Skip Priest (R). . . . . . . . . . . . . . . . . . .15,457
STATE REPRESENTATIVE, District 30, Position 2
Maryann Mitchell (R). . . . . . . . . . . . . 25,269
STATE SENATOR, District 31
George Tracy (D). . . . . . . . . . . . . . . . .14,988
Pam Roach (R). . . . . . . . . . . . . . . . . . .20,904
STATE REPRESENTATIVE, District 31, Position 1
Michael Stensen (D). . . . . . . . . . . . . . 17,988
Dan Roach (R). . . . . . . . . . . . . . . . . . .17,557
STATE REPRESENTATIVE, District 31, Position 2
Christopher Hurst (D). . . . . . . . . . . . . 19,623
Les Thomas (R). . . . . . . . . . . . . . . . . . 16,131
STATE SENATOR, District 35
Tim Sheldon (D). . . . . . . . . . . . . . . . . 33,699
STATE REPRESENTATIVE, District 35, Position 1
Kathy Haigh (D). . . . . . . . . . . . . . . . . 21,510
Peggy Johnson (R). . . . . . . . . . . . . . . .20,836
STATE REPRESENTATIVE, District 35, Position 2
William “IKE” Eickmeyer (D). . . . . . 23,292
Dick Taylor (R). . . . . . . . . . . . . . . . . . 18,061
STATE REPRESENTATIVE, District 39, Position 1
Hans Dunshee (D). . . . . . . . . . . . . . . . 24,505
Ken Estes (R). . . . . . . . . . . . . . . . . . . .18,075
STATE REPRESENTATIVE, District 39, Position 2
Patricia Patterson (D). . . . . . . . . . . . . .20,030
John Koster (R). . . . . . . . . . . . . . . . . . 21,582
STATE REPRESENTATIVE, District 40, Position 1
Dave Quall (D). . . . . . . . . . . . . . . . . . 31,552
STATE REPRESENTATIVE, District 40, Position 2
Jeff Morris (D). . . . . . . . . . . . . . . . . . .25,033
Steve Chronister (R). . . . . . . . . . . . . . 17,305
SUPREME COURT JUSTICE, Position 1
Faith Ireland (NP). . . . . . . . . . . . . . . 933,647
James Patrick “Jim" Foley (NP). . . . 602,290
SUPREME COURT JUSTICE, Position 5
Barbara Madsen (NP). . . . . . . . . . .1,026,430
Jim Bates (NP). . . . . . . . . . . . . . . . . .480,088
SUPREME COURT JUSTICE, Position 6
Richard B. Sanders (NP). . . . . . . . 1,191,678
COURT OF APPEALS, DIVISION 2, DISTRICT 3, Position 2
(Clark, Cowlitz, Lewis, Pacific, Skamania, Wahkiakum)
C.C.Bridgewater (NP) . . . . . . . . . . . .104,001
COURT OF APPEALS, DIVISION 3, DISTRICT 1, Position 2
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens)
Kenneth H. Kato (NP). . . . . . . . . . . .112,306
COURT OF APPEALS, DIVISION 3, DISTRICT 2, Position 1
(Adams, Asotin, Benton, Columbia, Franklin, Garfield, Grant, Walla Walla, Whitman)
Dennis J. Sweeney (NP). . . . . . . . . . . 74,329
SUPERIOR COURT JUDGE, Position 1
(Chelan, Douglas)
Lesley A. Allan (NP). . . . . . . . . . . . . .19,443
IN WITNESS WHEREOF, I have set my hand
and affixed the seal of the state of Washington,
this 3rd day of December, 1998.
(Seal)
RALPH MUNRO,
Secretary of State
EDITOR'S NOTE: Senator West, 6th District; Senator Hale, 8th District; Senator Shin, 21st District; Senator Franklin, 29th District; Senator Fairley, 32nd District; Senator Patterson, 33rd District; Senator Heavey, 34th District; Senator Kohl, 36th District; Senator Kline, 37th District; Senator Costa, 38th District; Senator Gardner, 42nd District; Senator Thibaudeau, 43rd District; Senator Long, 44th District; Senator Finkbeiner, 45th District; Senator Jacobsen, 46th District; Senator Johnson, 47th District; and Senator McDonald 48th District; all representing single counties, were certified by their county election officials.
APPOINTMENT OF SPECIAL COMMITTEE
The President of the Senate appointed a committee of honor consisting of Senators Heavey and Johnson to escort the Honorable Phil Talmadge, Justice of the Supreme Court of the state of Washington, to the Senate Chamber and a seat upon the rostrum.
The President welcomed and introduced the Honorable Phil Talmadge, who will administer the oath of office to the newly elected and newly reelected Senators.
ROLL CALL
The Acting Secretary called the roll of the following holdover members of the Senate and all were present: Senators Al Bauer, Don Benton, Lisa Brown, Alex Deccio, Karen Fraser, Calvin Goings, Jim Hargrove, Mary Margaret Haugen, Jim Horn, Valoria Loveland, Rosemary McAuliffe, Bob McCaslin, Margarita Prentice, Marilyn Rasmussen, Dino Rossi, George Sellar, Betti Sheldon, Sid Snyder, Harriet Spanel, Val Stevens, Dan Swecker, Shirley Winsley, R. Lorraine Wojahn and Joseph Zarelli.
ROLL CALL
The Acting Secretary called the roll of the following newly reelected Senators and all were present: Senators Darlene Fairley, Bill Finkbeiner, Rosa Franklin, Pat Hale, Mike Heavey, Harold Hochstatter, Ken Jacobsen, Stephen Johnson, Adam Kline, Jeanne Kohl-Welles, Jeanine Long, Dan McDonald, Bob Morton, Bob Oke, Julia Patterson, Pam Roach, Tim Sheldon, Pat Thibaudeau and Jim West.
The Acting Sergeant at Arms escorted each of the newly reelected members of the Senate to the bar of the Senate to receive the oath of office.
Justice Phil Talmadge thereupon administered the oath of office to each of the newly reelected members.
The President presented each of the newly reelected Senators a certificate of election.
The Acting Sergeant at Arms escorted each of the newly reelected members to their seats in the Senate Chamber.
ROLL CALL
The Acting Secretary of the Senate called the roll of the following newly elected members of the Senate and all were present: Jeralita Costa, Tracey Eide, Georgia Gardner, Jim Honeyford and Paull Shin.
The Acting Sergeant at Arms escorted each of the newly elected members of the Senate to the bar of the Senate to receive their oath of office.
Justice Phil Talmadge thereupon administered the oath of office to each of the newly elected members.
The President presented to each of the newly elected Senators a certificate of election.
The Acting Sergeant at Arms escorted each of the newly elected members to their seats in the Senate Chamber.
ELECTION OF PRESIDENT PRO TEMPORE
The President declared nominations to be open for President Pro Tempore of the Senate.
REMARKS BY SENATOR SNYDER
Senator Snyder: “Mr. President and members of the Senate, it is with a great deal of pride that I place the name of Lorraine Wojahn as President Pro Tempore of the Washington State Senate. It is with all sincerity that I say it is an honor and a privilege to be able to place in nomination the name of Senator Lorraine Wojahn as President Pro Tempore. She has had experience in the job; she held this position for two years. She has a toughness in her presiding; she has good sense and a grasp of the rules of the Washington State Senate and the Constitution. Her rulings on scope and object have always been fair and to the point.
“Also, as Justice Talmadge knows, she gained a name, which probably fits her very well--she is known as the 'Norse Goddess of Terror' in these Chambers. I really think she will serve us all very well in the position of President Pro Tempore when she presides in the absence of our Lieutenant Governor. Thank you.”
REMARKS BY SENATOR WINSLEY
Senator Winsley: "Thank you, Mr. President. In the spirit of bi-partisanship, it gives me the honor to rise and second the nomination of Senator Wojahn as President Pro Tempore. Senator Wojahn is a member of that prestigious delegation from Pierce County--the twenty seventh district. Senator Wojahn has served as a member of this institution for a number of years and always it is with fairness and respect and I know that she will continue to serve us in that manner. Senator Wojahn, herself, is an institution and for certain she has a vast institutional memory obtained from many years of service.
“This weekend, I was reading that on December fifth, Senator Strom Thurmond was reelected for his sixth term as President Pro Tempore of the United States Senate at the age of ninety-six. I soon figured out that he was old enough to be Senator Wojahn's father and I thought that Senator Wojahn is just a youngster and she can serve in this Senate for at least twenty more years--and we are all looking forward to it. Thank you and I guess I said it was an honor to place her name in nomination for President Pro Tempore.”
MOTION
On motion of Senator Betti Sheldon, the nominations for President Pro Tempore were closed.
ROLL CALL
The Acting Secretary called the roll and Senator R. Lorraine Wojahn was elected President Pro Tempore: Wojahn, 48;
Voting Wojahn: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, and Zarelli - 48.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Spanel and Hale as a committee of honor to escort Senator Wojahn to the rostrum.
Justice Phil Talmadge administered the oath of office to Senator Wojahn.
The President introduced President Pro Tempore of the Washington State Senate, Senator R. Lorraine Wojahn.
REMARKS BY SENATOR WOJAHN
Senator Wojahn: “I didn't think the Lieutenant Governor would give up the podium. I am surprised and I thank you very much. I want to thank you for your support. I hope that we can join together in the problems of the people in the state of Washington to come to resolutions that will be a credit to both of us--both parties. I think that we can do this; I think that we have every hope of doing the things that are needed. Certainly, there are many, many things that are needed and there is not enough money to do everything. It is going to be a tough session, but I think we can do it with your cooperation and certainly with mine, we will accomplish what we intend to do and go home and making ourselves, at least, welcome back in our districts after the session. Thank you very much.”
The committee of honor escorted President Pro Tempore Wojahn to her seat in the Senate Chamber and the committee was discharged.
ELECTION OF VICE PRESIDENT PRO TEMPORE
The President declared nominations to be open for Vice President Pro Tempore of the Senate.
REMARKS BY SENATOR BETTI SHELDON
Senator Betti Sheldon: "Thank you, Mr. President, I would like to place in nomination for the office of Vice President Pro Tempore of the Senate the name of Senator Al Bauer. I think our Senate is very fortunate because we have a couple of individuals here who have served our state very long terms and very well. Senator Bauer has served in the Legislature for over twenty-eight years. During that time, he has held a number of leadership positions, including the one for which he is now nominated. It is with a great deal of pleasure that I place his name in nomination. He is an outstanding individual and a fair-minded and experienced legislator. I hope you will support him. Thank you.”
REMARKS BY SENATOR JACOBSEN
Senator Jacobsen: “Thank you, Mr. President. It is a pleasure and an honor that I rise to second the nomination of Senator Bauer. I have had the pleasure of knowing Senator Bauer for twenty years--we served as counterparts on the higher education committee. I know in Al's life, I think that he represents, in a lot of ways, the American Century--the journey from Lewiston, Montana, to Oregon. He defended democracy during World War II and afterwards he took advantage of the GI Bill to get a Masters in Education and a minor in Poly Si. He also stood for a love of democracy. When he decided to practice his minor and joined the Washington State Legislature in 1971--and I would say that he has mastered this institution and would make an outstanding Vice President Pro Tempore of the Senate. I urge everybody to endorse Senator Bauer.”
REMARKS BY SENATOR SELLAR
Senator Sellar: “Thank you, Mr. President. I would just like to take this opportunity to second that nomination. I have worked with Senator Bauer on a number of things and I think he brings the fairness to the podium of both our Lieutenant Governor and Senator Wojahn and it will be a great compliment to the rostrum.”
MOTION
On motion of Senator Betti Sheldon, the nominations for Vice President Pro Tempore were closed.
ROLL CALL
The Acting Secretary called the roll and Senator Bauer was elected Vice President Pro Tempore: Bauer, 48;
Voting Bauer Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, and Zarelli - 48.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Shin and Winsley as a committee of honor to escort Senator Bauer to the rostrum.
Justice Phil Talmadge administered the oath of office to Senator Bauer.
The President introduced Senator Al Bauer as Vice President Pro Tempore of the Washington State Senate.
REMARKS BY SENATOR AL BAUER
Senator Bauer: “Thank you very much. If this spirit that we have here today of cooperation and good will continues through this session, the public will be served well and appreciate that they did not make any mistakes in whom they elected to represent them here in the Senate.”
The committee of honor escorted Vice President Pro Tempore Bauer to his seat in the Senate Chamber and the committee was discharged.
ELECTION OF SECRETARY OF THE SENATE
The President declared nominations to be open for Secretary of the Senate.
REMARKS BY SENATOR SNYDER
Senator Snyder: “I would like to place the name of Tony Cook in nomination for Secretary of the Senate. Thank you, Mr. President. I am really blessed today to be able to place the name of Senator Wojahn as President Pro Tempore and also to nominate Tony Cook for Secretary of the Senate. I am sure Tony will join that long list of Secretaries of the Senate that have performed so well--going back at least ten years, since my tenure.
“Tony has been associated with the Legislature and state government since 1973. Right after he graduated from Stanford University, he served here; he worked at the University of Washington later on. When Senator Bob Bailey was appointed to the Utilities and Transportation Commission, Tony spent several years on their staff. He rejoined us first as Senate caucus staff and then later on, he was one of the Senate attorneys and in recent years, he has been serving as the attorney for the Ethics Committee.
“I think we will all be well-served with Tony in this capacity, as we have with his two predecessors or three predecessors. We are looking forward to the same usual treatment that all members are created equal in the mind of the Secretary of the Senate and I know Tony will carry on that tradition very well. Again, I am duly honored to be able to place Tony's name in nomination for Secretary of the Senate.”
REMARKS BY PRESIDENT OWEN
President Owen: “Senator Snyder has moved the nomination of Tony Cook as Secretary of the Senate. I might add and just say Senator Snyder that you are modest. We know that the standard for the Secretary of the Senate was set by the number of years that you graciously served this institution as Secretary of the Senate.”
REMARKS BY SENATOR McCASLIN
Senator McCaslin: “Ladies and gentlemen of the Senate, I am honored to second the nomination of Tony Cook. First, Senator Snyder said everything that I was going to say and what he missed the President said. I could say an awful lot of good things about Tony, but this is only a hundred and five day session, so we will get along. You didn't mention that he graduated with honors from Stanford--undergraduate. I don't know what he did as a Juris Doctor, but, Tony, I am going to give you the highest honors for that.
“When I first met Tony back in the eighties, when we had a water problem in my district, and we wanted to go from a private water company to a public water company, Tony came down and did a fantastic job. I consider him a close personal friend today, so I am prejudiced, but I know he will be an excellent--an excellent--Secretary of the Senate, as was Sid Snyder. I know how to butter up to the majority leader.”
REMARKS BY SENATOR HARGROVE
Senator Hargrove: “I know I am leaving the script here, but we have had one famous nickname for Senator Wojahn that was given. I just wanted everyone to know that Tony Cook is known as 'Dr. No.' I am a little apprehensive about that, but nonetheless, I think he will do a good job.”
MOTION
On motion of Senator Betti Sheldon, the nominations for Secretary of the Senate were closed.
ROLL CALL
The Acting Secretary called the roll and Tony Cook was elected Secretary of the Senate: Cook, 48;
Voting Cook: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, and Zarelli - 48.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Rasmussen and Sellar as a committee of honor to escort Tony Cook to the rostrum.
Justice Phil Talmadge administered the oath of office to Tony Cook.
The President introduced Tony Cook as Secretary of the Senate.
REMARKS BY TONY COOK
Secretary of the Senate Tony Cook: “Thank you. I thank you very much for this honor and privilege to be able to serve you. On behalf of the entire staff, I just want to say that we will do everything that we can to make this the very best session ever. Thank you.”
The committee of honor escorted Secretary of the Senate Tony Cook to his seat on the rostrum and the committee was discharged.
PERSONAL PRIVILEGE
Senator Snyder: “A point of personal privilege, please. Mr. President and members of the Senate, I just wanted to personally thank Mike O'Connell. I know that I speak on behalf of all the members in our caucus and the entire Senate on what a magnificent and fair job he has done as serving as Secretary of the Senate. We always felt we were treated fair on the Democrat side of the aisle; I know you put a big effort into doing your very best--and you did your very best and it certainly did show with all the kindnesses and decisions that you made during your tenure as Secretary of the Senate.
“Just to continue, I also want to mention the fact that--he is not here today, he is retired--the wonderful job of Senator Newhouse and Senator Morton in their positions as President Pro Tempore and Vice President Pro Tempore. I thought we were always treated in a very, very fair manner. I only need to stand once, but we will be also electing a new Sergeant at Arms in a moment and the same words that I have used for the other three certainly goes to the Sergeant at Arms, Denny Lewis.
“Thanks to all of you four people.”
ELECTION OF SERGEANT AT ARMS
The President declared nominations to be open for Sergeant at Arms of the Senate.
REMARKS BY SENATOR BAUER
Senator Bauer: "Thank you, Mr. President. It is my pleasure and honor to place in nomination for Sergeant at Arms of the Senate, Gene Gotovac as Sergeant at Arms of the Senate. Gene came here about fifteen years ago. When John Cherberg, President of the Senate--the late John Cherberg--realized his talents, he hired him. Gene has been very accommodating, over the past fifteen years, to Senate needs and wishes and has the respect of everyone in this body, I am sure. In addition to that, he has a talent of knowing where the clams are in the spring and he can advise you accordingly. I urge your support.”
REMARKS BY SENATOR HALE
Senator Hale: "Thank you, Mr. President. It is a pleasure for me to second the nomination of Gene Gotovac as Sergeant at Arms. As Senator Bauer pointed out, Gene has served the Senate for more than fifteen years. He has a deep love for this institution and I have every confidence that he will serve again with distinction.”
MOTION
On motion of Senator Betti Sheldon, the nominations for Sergeant at Arms of the Senate were closed.
ROLL CALL
The Secretary called the roll and Gene Gotovac was elected Sergeant at Arms of the Senate: Gotovac, 48;
Voting Gotovac: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, and Zarelli - 48.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Jacobsen and McCaslin as a committee of honor to escort Gene Gotovac to the rostrum.
Justice Phil Talmadge administered the oath of office to Gene Gotovac.
The President introduced Gene Gotovac as Sergeant at Arms of the Senate.
REMARKS BY GENE GOTOVAC
Sergeant at Arms Gene Gotovac: “At this time, I want to thank a lot of people--a lot of good fellow employees--that have helped me when I needed help. I want to thank the Senators for your support and trusting me. Thank you.”
The committee of honor escorted Sergeant at Arms Gene Gotovac to his seat on the rostrum and the committee was discharged.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Kline and Oke to escort the Honorable Phil Talmadge from the Senate Chamber.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Dr. Hyun Uk Kim, a member of Congress and Chair of the Education and Foreign Affairs Committee for the Republic of Korea.
With permission of the Senate, business was suspended to permit Congressman Kim to address the Senate.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 1999-8600
By Senators Snyder, Spanel, McDonald and Hale
BE IT RESOLVED, That a committee of six be appointed to notify the House that the Senate is now organized and ready to transact business.
APPOINTMENT OF SPECIAL COMMITTEE
In accordance with Senate Resolution 1999-8600, the President appointed Senators Costa, Eide, Honeyford, Horn, Gardner and Stevens to notify the House of Representatives that the Senate is organized and ready to transact business.
MOTION
On motion of Senator Betti Sheldon, the appointments were confirmed.
The committee retired to the House of Representatives.
PERSONAL PRIVILEGE
Senator Deccio: “Mr. President, a point of personal privilege. I read your letter of today reiterating the rules of decorum and good manners in the Senate. I think we need to be reminded of that quite often and thank you for taking the time to bring that before us again and I am sure you are going to have to do that several times during the session. So, thank you.”
REPLY BY THE PRESIDENT
President Owen: “I appreciate that very much, Senator Deccio.”
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 5000 by Senators Rossi, Hochstatter and Patterson
AN ACT Relating to salmon species enrichment license plates; and adding new sections to chapter 46.16 RCW.
Referred to Committee on Transportation.
SB 5001 by Senators Morton, Deccio, Honeyford, T. Sheldon, Swecker, Hargrove, Rossi, Hochstatter, Oke and Rasmussen
AN ACT Relating to hunting cougar; and amending RCW 77.16.360.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5002 by Senators Jacobsen, Oke, Honeyford, T. Sheldon, Kline, Winsley, Rossi, Patterson, Rasmussen and Costa
AN ACT Relating to a fish and wildlife hot line; and adding a new section to chapter 77.12 RCW.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5003 by Senators Winsley, Honeyford, Johnson, Swecker, Morton, Rossi, Hale, Oke and Benton
AN ACT Relating to eliminating the state property tax; amending RCW 84.52.065, 84.52.043, 84.52.050, 36.58.150, 36.60.040, 36.69.145, 36.73.060, 36.83.030, 36.100.050, 67.38.130, and 84.52.010; reenacting and amending RCW 84.69.020; and creating a new section.
Referred to Committee on Ways and Means.
SB 5004 by Senators Loveland, Winsley and Patterson
AN ACT Relating to validation of school bond elections; amending RCW 29.27.080; and declaring an emergency.
Referred to Committee on State and Local Government.
SB 5005 by Senators Loveland, Haugen, Winsley and Rasmussen
AN ACT Relating to highway information signs; and amending RCW 47.36.320 and 47.36.330.
Referred to Committee on Transportation.
SB 5006 by Senators Morton, Stevens and Swecker
AN ACT Relating to exempting animal pregnancy testing from veterinary licensing requirements; and amending RCW 18.92.060.
Referred to Committee on Agriculture and Rural Economic Development.
SB 5007 by Senators Morton, Benton and Rasmussen
AN ACT Relating to the state conservation commission; and amending RCW 89.08.030.
Referred to Committee on Agriculture and Rural Economic Development.
SB 5008 by Senators Morton, Deccio, Honeyford and Hochstatter
AN ACT Relating to forest practices; and reenacting and amending RCW 76.09.060.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5009 by Senator Morton
AN ACT Relating to occupational drivers' licenses; amending RCW 46.20.394; and reenacting and amending RCW 46.20.391.
Referred to Committee on Judiciary.
SB 5010 by Senators Kohl-Welles, Hargrove, Long, Goings, Swecker, Winsley, Oke, Benton and Costa
AN ACT Relating to sexual misconduct by employees of custodial agencies; adding a new section to chapter 13.40 RCW; adding a new section to chapter 72.09 RCW; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5011 by Senators Long, Hargrove, Franklin, Loveland, Winsley, Patterson, Deccio, McCaslin, Goings, Oke and Costa
AN ACT Relating to dangerous mentally ill offenders; amending RCW 71.05.212, 71.24.015, and 71.24.300; adding new sections to chapter 72.09 RCW; adding new sections to chapter 71.05 RCW; adding a new section to chapter 71.24 RCW; creating new sections; and providing an effective date.
Referred to Committee on Human Services and Corrections.
SB 5012 by Senators Prentice, Winsley and Rasmussen (by request of Pollution Liability Insurance Agency)
AN ACT Relating to the pollution liability insurance program trust account; amending RCW 70.148.020; and providing an expiration date.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SB 5013 by Senators Prentice, Winsley, Rossi and Oke (by request of Gambling Commission)
AN ACT Relating to dissemination of criminal history record information to the Washington state gambling commission; and amending RCW 10.97.050.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SB 5014 by Senators Kohl-Welles, Long, Hargrove, Patterson, Thibaudeau, Franklin, Goings, Kline, Winsley, Eide, Brown, Rasmussen and Costa
AN ACT Relating to economic incentives for employer-sponsored child care benefits; adding a new chapter to Title 82 RCW; and providing an effective date.
Referred to Committee on Labor and Workforce Development.
SB 5015 by Senators Long, Hargrove, Winsley and Costa
AN ACT Relating to technical, clarifying, nonsubstantive amendments to community mental health services; amending RCW 71.24.025, 71.24.030, 71.24.035, 71.24.049, 71.24.110, 71.24.220, 71.24.300, 71.24.400, 71.24.405, 71.24.415, and 71.24.460; adding a new section to chapter 71.24 RCW;
HELD.
SB 5016 by Senators McAuliffe, Franklin and Winsley
AN ACT Relating to the dissemination of information about the involuntary commitment process for persons incapacitated by chemical dependency; amending RCW 70.96A.050; and adding a new section to chapter 70.96A RCW.
Referred to Committee on Human Services and Corrections.
SB 5017 by Senators McAuliffe, B. Sheldon, Thibaudeau, Patterson, Fraser, Franklin, Kline, Winsley and Kohl-Welles
AN ACT Relating to access to firearms by minors; adding a new section to chapter 9.41 RCW; and prescribing penalties.
Referred to Committee on Senate Judiciary.
SB 5018 by Senators B. Sheldon, Fraser and Swecker
AN ACT Relating to the permit assistance center; amending RCW 90.60.020, 90.60.030, and 90.60.100; repealing RCW 43.131.387 and 43.131.388; providing an effective date; and declaring an emergency.
Referred to Committee on Environmental Quality and Water Resources.
SB 5019 by Senators Patterson, Thibaudeau and McAuliffe
AN ACT Relating to opiate substitution treatment programs; amending RCW 70.96A.400, 70.96A.410, and 70.96A.420; creating a new section; and providing an expiration date.
Referred to Committee on Human Services and Corrections.
SB 5020 by Senators Snyder and Winsley
AN ACT Relating to recreational licenses; amending RCW 77.32.050; and creating a new section.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5021 by Senators Snyder, Swecker, Winsley and Benton
AN ACT Relating to the property taxation of nonprofit organizations providing demonstration farms with research and extension facilities, public agricultural museums, and educational tour sites; amending RCW 84.34.108; reenacting and amending RCW 84.36.805 and 84.36.810; and adding a new section to chapter 84.36 RCW.
Referred to Committee on Ways and Means.
SB 5022 by Senators Goings, Hargrove and Rasmussen
AN ACT Relating to the redivision of land within five years of a short subdivision; and amending RCW 58.17.020 and 58.17.060.
Referred to Committee on State and Local Government.
SB 5023 by Senators Goings, Rasmussen and Costa
AN ACT Relating to aggravating circumstances affecting sentencing decisions; and amending RCW 9.94A.390 and 13.40.150.
Referred to Committee on Senate Judiciary.
SB 5024 by Senators Loveland and Winsley
AN ACT Relating to clarifying statutes to be consistent with the state supreme court decision on property tax value averaging; amending RCW 84.04.030, 84.40.030, 84.40.040, 84.40.045, 84.41.041, 84.48.010, 84.48.065, 84.48.075, 84.48.080, 84.12.270, 84.12.280, 84.12.310, 84.12.330, 84.12.350, 84.12.360, 84.16.040, 84.16.050, 84.16.090, 84.16.110, 84.16.120, 84.36.041, 84.52.063, and 84.70.010; reenacting and amending RCW 84.40.020; and repealing RCW 84.04.018 and 84.40.0305.
Referred to Committee on Ways and Means.
SB 5025 by Senators Spanel and Long (by request of Legislative Ethics Board)
AN ACT Relating to ethics in public service; amending RCW 42.52.420, 42.52.180, 42.17.130, 42.52.120, 42.17.020, and 42.52.010; and adding a new section to chapter 42.52 RCW.
Referred to Committee on State and Local Government.
SB 5026 by Senator Swecker
AN ACT Relating to fisheries; and creating a new section.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5027 by Senators Goings and Swecker
AN ACT Relating to dangerous dogs; and amending RCW 16.08.070, 16.08.080, and 16.08.100.
Referred to Committee on Senate Judiciary.
SB 5028 by Senators Swecker, Goings and Rossi
AN ACT Relating to dangerous dogs; and amending RCW 16.08.080.
Referred to Committee on Senate Judiciary.
SB 5029 by Senators Franklin, Winsley, Roach, Jacobsen, Long, Fraser, Bauer and Rasmussen (by request of Joint Committee on Pension Policy)
AN ACT Relating to membership in the public employees' retirement system; and amending RCW 41.40.023.
Referred to Committee on Ways and Means.
SB 5030 by Senators Long, Fraser, Winsley, Franklin, Bauer, Jacobsen, Roach, T. Sheldon, Johnson and Rasmussen (by request of Joint Committee on Pension Policy)
AN ACT Relating to the Washington state patrol surviving spouse retirement allowance; amending RCW 43.43.120 and 43.43.274; adding a new section to chapter 43.43 RCW; and creating a new section.
Referred to Committee on Ways and Means.
SB 5031 by Senators Long, Fraser, Winsley, Franklin, Bauer, Jacobsen, Roach, Johnson, Kline and Rasmussen (by request of Joint Committee on Pension Policy)
AN ACT Relating to the sharing of extraordinary investment gains in the teachers' retirement system plan 3; creating new sections; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5032 by Senators Fraser, Winsley, Long, Jacobsen, Bauer, Franklin, Roach, Kline and Rasmussen (by request of Joint Committee on Pension Policy)
AN ACT Relating to certain retirement system members with more than thirty years of service; adding a new section to chapter 41.32 RCW; and adding a new section to chapter 41.40 RCW.
Referred to Committee on Ways and Means.
SB 5033 by Senators Winsley, Fraser, Long, Jacobsen, Bauer, Franklin, Roach and Rasmussen (by request of Joint Committee on Pension Policy)
AN ACT Relating to public employees' retirement system plan 1 members who separate from service without withdrawing their contributions from the retirement system; and amending RCW 41.40.150.
Referred to Committee on Ways and Means.
SB 5034 by Senators Bauer, Long, Fraser, Franklin, Jacobsen, Winsley and Roach (by request of Joint Committee on Pension Policy)
AN ACT Relating to membership in the public employees' retirement system for the chief administrative officer of a public utility district or a county; amending RCW 41.40.023; and creating a new section.
Referred to Committee on Ways and Means.
SB 5035 by Senators Heavey, McCaslin and Haugen (by request of Board for Judicial Administration)
AN ACT Relating to court funding and improvements; amending RCW 43.08.250, 3.46.120, 3.50.100, 3.62.040, 3.62.060, 3.62.090, 27.24.070, 35.20.220, 36.18.020, 36.18.025, 46.63.110, 2.14.010, 2.14.030, and 2.56.030; reenacting and amending RCW 3.62.020; adding new sections to chapter 2.28 RCW; adding new sections to chapter 43.330 RCW; creating a new section; prescribing penalties; making appropriations; and providing an effective date.
Referred to Committee on Senate Judiciary.
SB 5036 by Senators McCaslin and Heavey (by request of Board for Judicial Administration)
AN ACT Relating to superior court judges; amending RCW 2.08.065; and creating a new section.
Referred to Committee on Senate Judiciary.
SB 5037 by Senators McCaslin, Heavey and Rasmussen (by request of Board for Judicial Administration)
AN ACT Relating to the court of appeals; amending RCW 2.06.020; and adding a new section to chapter 2.06 RCW.
Referred to Committee on Senate Judiciary.
SB 5038 by Senators Goings, Prentice, McCaslin, Winsley and Costa (by request of Criminal Justice Training Commission)
AN ACT Relating to expanding the membership of the criminal justice training commission; and amending RCW 43.101.030 and 43.101.060.
Referred to Committee on Senate Judiciary.
SB 5039 by Senators Fairley, Horn and Honeyford (by request of Department of Labor and Industries)
AN ACT Relating to creation of dedicated accounts for contractor registration, factory assembled structures, and elevator inspection programs; amending RCW 43.84.092 and 43.84.092; adding a new section to chapter 18.27 RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 70.87 RCW; providing an effective date; and providing an expiration date.
Referred to Committee on Labor and Workforce Development.
SB 5040 by Senators Fairley and Horn (by request of Department of Labor and Industries)
AN ACT Relating to boilers and unfired pressure vessels; and amending RCW 70.79.010, 70.79.030, 70.79.080, 70.79.090, 70.79.130, 70.79.140, 70.79.150, 70.79.160, 70.79.280, and 70.79.310.
Referred to Committee on Labor and Workforce Development.
SB 5041 by Senators Bauer, Benton and Costa
AN ACT Relating to mobile home parks; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and adding a new section to chapter 36.70A RCW.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SB 5042 by Senators Goings, Johnson, Swecker, Benton, Rasmussen and Costa
AN ACT Relating to excise tax reduction for motor homes; and adding a new section to chapter 82.44 RCW.
Referred to Committee on Transportation.
SB 5043 by Senator Hale
AN ACT Relating to extending the expiration date of the Hanford sublease rent account; amending RCW 43.31.207; and providing an expiration date.
Referred to Committee on Ways and Means.
SB 5044 by Senator Brown
AN ACT Relating to air pollution control authority boards of directors; and amending RCW 70.94.100.
Referred to Committee on Environmental Quality and Water Resources.
SB 5045 by Senators Brown and Kline
AN ACT Relating to connection of mobile home parks to public sewer systems; and amending RCW 35.67.370.
Referred to Committee on Environmental Quality and Water Resources.
SB 5046 by Senators Long, Hargrove and Costa
AN ACT Relating to creating an additional hearing procedure when the court disagrees with the mental health evaluation conducted by a professional person; amending RCW 71.05.235; providing an effective date; and declaring an emergency.
Referred to Committee on Human Services and Corrections.
SB 5047 by Senators Long, Hargrove and Costa
AN ACT Relating to the sharing of information among mental health professionals; and amending RCW 71.05.390.
Referred to Committee on Human Services and Corrections.
SB 5048 by Senators Long and Hargrove
AN ACT Relating to technical corrections to chapters 10.77 and 71.05 RCW; amending RCW 10.77.010, 10.77.240, 10.77.940, 71.05.020, 71.05.245, 71.05.320, 71.05.425, and 71.05.940; reenacting RCW 71.05.640, 71.05.670, 71.05.680, and 71.05.690; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5049 by Senators Rasmussen, Goings, Franklin, T. Sheldon, Swecker and Patterson
AN ACT Relating to methamphetamine manufacture; reenacting and amending RCW 9.94A.310; adding a new section to chapter 9.94A RCW; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5050 by Senators Prentice, Kline and Deccio
AN ACT Relating to treatment of intractable pain with controlled substances; adding a new chapter to Title 69 RCW; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5051 by Senators Goings, Winsley, Hale, Oke, Benton, Rasmussen and Costa
AN ACT Relating to business and occupation tax for new small businesses; adding a new section to chapter 82.04 RCW; and providing an effective date.
Referred to Committee on Ways and Means.
SB 5052 by Senators Rossi, Johnson and Benton
AN ACT Relating to high-occupancy vehicle lanes; and amending RCW 46.61.165.
Referred to Committee on Transportation.
SB 5053 by Senators Fairley, Goings, Oke and Costa
AN ACT Relating to assaults against children; amending RCW 9A.36.120, 9A.36.130, 9A.36.140, and 13.40.0357; and prescribing penalties.
Referred to Committee on Senate Judiciary.
SB 5054 by Senator Jacobsen
AN ACT Relating to the office of student assistance; amending RCW 28B.04.020, 28B.04.030, 28B.04.040, 28B.04.060, 28B.04.080, 28B.04.085, 28B.04.110, 28B.10.215, 28B.10.220, 28B.10.792, 28B.10.802, 28B.10.804, 28B.10.806, 28B.10.808, 28B.10.810, 28B.10.818, 28B.10.820, 28B.10.821, 28B.10.822, 28B.12.030, 28B.12.040, 28B.12.050, 28B.12.060, 28B.12.070, 28B.15.760, 28B.15.762, 28B.15.764, 28B.80.240, 28B.80.245, 28B.80.360, 28B.101.030, 28B.102.020, 28B.102.030, 28B.102.040, 28B.102.045, 28B.102.050, 28B.102.060, 28B.102.070, 28B.103.010, 28B.108.010, 28B.108.020, 28B.108.030, 28B.108.040, 28B.108.050, 28B.108.060, 28B.108.070, 28B.109.010, 28B.109.020, 28B.109.030, 28B.109.040, 28B.109.050, 28B.109.060, 28B.109.070, 28B.109.080, 28B.115.020, 28B.115.030, 28B.115.050, 28B.115.070, 28B.115.080, 28B.115.090, 28B.115.100, 28B.115.120, 28B.115.130, 28B.115.140, 28A.600.120, 28A.600.130, 28A.600.140, and 28A.600.150; reenacting and amending RCW 28B.115.110; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 28B RCW; creating a new section; and recodifying RCW 28B.80.240, 28B.80.245, 28B.80.246, and 28B.80.360.
Referred to Committee on Higher Education.
SB 5055 by Senators Jacobsen and Kline
AN ACT Relating to electric and hybrid vehicles; and amending RCW 82.44.010.
Referred to Committee on Transportation.
SB 5056 by Senators Jacobsen, Winsley and Rasmussen
AN ACT Relating to the Washington service scholars program; adding new sections to chapter 28A.600 RCW; adding a new section to chapter 28B.80 RCW; creating a new section; and making an appropriation.
Referred to Committee on Higher Education.
SB 5057 by Senators Jacobsen and Rasmussen
AN ACT Relating to financial aid; adding a new section to chapter 28B.10 RCW; and adding a new chapter to Title 28B RCW.
Referred to Committee on Higher Education.
SB 5058 by Senators Prentice and Winsley (by request of Department of Financial Institutions)
AN ACT Relating to the establishment and authority to conduct the business of state-chartered financial institutions; amending RCW 30.08.080, 30.08.020, 32.04.082, 32.08.140, 32.08.142, 32.08.146, 32.12.020, 32.12.090, 32.16.040, 32.16.050, 32.20.010, 32.20.020, 32.20.330, 32.20.400, 32.20.445, 32.32.500, 32.32.520, 32.34.010, 32.34.020, and 32.34.060; reenacting and amending RCW 32.04.080 and 32.04.085; adding new sections to chapter 30.08 RCW; adding a new section to chapter 32.20 RCW; adding a new section to chapter 32.34 RCW; and repealing RCW 32.20.160.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SB 5059 by Senators Brown and Morton
AN ACT Relating to the transportation impacts of low-level radioactive waste; amending RCW 43.200.010; and adding a new section to chapter 43.200 RCW.
Referred to Committee on Environmental Quality and Water Resources.
SB 5060 by Senators Eide, Goings, Haugen, Benton, Gardner, Patterson, West, Brown, Johnson and Oke
AN ACT Relating to state highway bonds; and amending RCW 47.10.812.
Referred to Committee on Transportation.
SB 5061 by Senators Haugen, Benton, Goings and Gardner (by request of Office of Financial Management)
AN ACT Relating to transportation funding and appropriations; amending 1997 c 457 ss 110, 204, 215, and 223 (uncodified); 1998 c 348 ss 203, 205, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, and 402 (uncodified); adding a new section to 1997 c 457 (uncodified); repealing 1997 c 457 s 502; making appropriations; and declaring an emergency.
Referred to Committee on Transportation.
SB 5062 by Senators Rasmussen, Swecker, T. Sheldon, Horn, Prentice and Winsley
AN ACT Relating to agency liquor vendors; and adding a new section to chapter 66.08 RCW.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SB 5063 by Senators B. Sheldon, Winsley, Kohl-Welles, Thibaudeau, Patterson, Hale, Bauer, Kline, Oke, Eide, Brown, Costa and McAuliffe
AN ACT Relating to adult recipients of temporary assistance for needy families enrolled in education programs; amending RCW 74.08A.250 and 74.08A.260; and creating a new section.
Referred to Committee on Labor and Workforce Development.
SB 5064 by Senators Haugen, Horn, Gardner, Benton, Long, Costa, B. Sheldon, Swecker, Patterson, Jacobsen, Shin, Oke, Morton, Eide, Spanel, Johnson, Goings, Sellar, Fraser, Thibaudeau, Franklin, Winsley, Rasmussen and McAuliffe
AN ACT Relating to confidentiality of certain public transportation information; and adding a new section to chapter 42.17 RCW.
Referred to Committee on Transportation.
SB 5065 by Senators Rasmussen, Goings, Deccio, Honeyford, Winsley, Rossi, Hochstatter, Oke and Costa
AN ACT Relating to revocation of driving privileges; amending RCW 46.20.265, 66.44.365, 69.41.065, 69.50.420, and 69.52.070; and prescribing penalties.
Referred to Committee on Senate Judiciary.
SB 5066 by Senators Fairley, Hargrove, Benton and Kohl-Welles
AN ACT Relating to reports to the legislature; adding a new section to chapter 44.04 RCW; and prescribing penalties.
Referred to Committee on State and Local Government.
SB 5067 by Senators Morton and Brown
AN ACT Relating to the reclamation, closure, or decommissioning of a uranium or thorium mill or tailings facility; and amending RCW 70.121.030.
Referred to Committee on Environmental Quality and Water Resources.
SB 5068 by Senators Roach, Honeyford, Stevens, T. Sheldon, Swecker, Rossi and Rasmussen
AN ACT Relating to hunting cougar with the aid of dogs; amending RCW 77.16.360; adding new sections to chapter 77.12 RCW; and prescribing penalties.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5069 by Senators Patterson, Kohl-Welles, Brown, B. Sheldon, Kline, Winsley, Eide, Rasmussen and McAuliffe
AN ACT Relating to child care access; adding a new section to chapter 74.08A RCW; and creating a new section.
Referred to Committee on Labor and Workforce Development.
SB 5070 by Senators Patterson, Franklin, Costa, B. Sheldon, Goings, Swecker, Hargrove, Winsley and Oke
AN ACT Relating to delivery of a controlled substance to a pregnant woman; amending RCW 9.94A.390 and 13.40.150; providing an effective date; and declaring an emergency.
Referred to Committee on Senate Judiciary.
SB 5071 by Senators Patterson, Prentice, Shin, Thibaudeau, Hale, Gardner, Fraser, Spanel, Haugen, Snyder, Morton, Loveland, B. Sheldon, Winsley, Wojahn, Costa and McAuliffe
AN ACT Relating to false and misleading statements in political campaigns for public office; amending RCW 42.17.530; and creating a new section.
Referred to Committee on State and Local Government.
SB 5072 by Senator Morton
AN ACT Relating to the reclamation, closure, or decommissioning of a uranium or thorium mill or tailings facility; and amending RCW 70.121.030.
Referred to Committee on Environmental Quality and Water Resources.
SB 5073 by Senators Morton and Hochstatter
AN ACT Relating to the sale of land granted to the state by the United States; and amending RCW 79.01.096.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 5074 by Senators Roach, Honeyford, T. Sheldon, Johnson and Rasmussen
AN ACT Relating to crimes related to mail; reenacting and amending RCW 9.94A.320; adding a new chapter to Title 9A RCW; and prescribing penalties.
Referred to Committee on Senate Judiciary.
SJM 8000 by Senators Kohl-Welles, Deccio, Thibaudeau, Winsley, Prentice, Hale, Patterson, Wojahn, Loveland, Shin, B. Sheldon, Benton, Spanel, Fairley, T. Sheldon, Bauer, Jacobsen, Eide, Gardner, Franklin, Fraser, Kline, McCaslin, Johnson, Oke, Rasmussen, Costa and McAuliffe
Requesting additional funds for prostate cancer research.
Referred to Committee on Health and Long-Term Care.
SCR 8400 by Senators Jacobsen and Kohl-Welles
Recognizing a state poet laureate.
Referred to Committee on State and Local Government.
SCR 8401 by Senator Snyder
Notifying the Governor that the Legislature is organized.
HOLD.
MOTIONS
On motion of Senator Betti Sheldon, Senate Bill No. 5009 was referred to the Committee on Judiciary.
On motion of Senator Betti Sheldon, Senate Bill No. 5042 was referred to the Committee on Transportation.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 5015 was held on the desk.
MOTIONS
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
On motion of Senator Betti Sheldon, the rules were suspended and Senate Concurrent Resolution No. 8401, which was held on the Introduction and First Reading Calendar earlier today, was advanced to second reading.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8401, by Senator Snyder
Notifying the Governor that the Legislature is organized.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8401 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
SENATE CONCURRENT RESOLUTION NO. 8401 was adopted by voice vote.
APPOINTMENT OF SPECIAL COMMITTEE
In accordance with Senate Concurrent Resolution No. 8401, the President appointed Senators Franklin and Long to join a like committee from the House of Representatives to notify the Governor that the Legislature is organized and ready to conduct business.
MOTION
On motion of Senator Betti Sheldon, the appointments were confirmed.
The committee retired to the office of the Governor.
POINT OF PERSONAL PRIVILEGE
Senator Snyder: "A point of personal privilege, Mr. President. You know, this has been a lovely first day and it has been all love and kisses. We had sensitivity training last week and we all gained a lot from that. Senator McDonald stood up during the middle of it and said to me, 'I love you man,' and I took it very seriously, but he was a little annoyed when he went to leave and I said 'Good riddance'--no, I didn't either. I do seriously want to say that I think that my motto for this session is going to be civility, moderation and cooperation, but I don't want cooperation to be taken for capitulation, but I think that the message the voters sent us this last fall was--they wanted us to come to Olympia and forget about partisan politics as much as possible and try to get in and work hard and try to do what is good for the citizens and the public of the state of Washington. I certainly pledge to do that. I know we will have our disagreements, but I go back to the old saying that 'We can certainly have our disagreements without being disagreeable.'
"A couple of other things come to mind that I think maybe apply--that I have heard--they are old sayings and one of them is--especially in this business you want to be careful--because 'The fanny you kick today may be the fanny you have to kiss next week.' You know, we also get to thinking that we are pretty important around here and another old saying that comes to mind is 'We're peacocks today, but feather dusters tomorrow.'"
POINT OF PERSONAL PRIVILEGE
Senator McDonald: “Mr. President and fellow members of the Senate. I do think it has been a good start and I expect it to be a good session. I have said that during this time that I have been in the Legislature--I have nine years in the minority, nine years in the majority and two in the co-majority. I remember the first two years I was here, it was Minnesota and Washington State--both had ties in the House. In Minnesota, there was an absolute melt-down and in the state of Washington, I think everybody looked at it as a relatively productive session.
“I think, we too, have a strong tradition of making that work. I agree with Senator Snyder that cooperation and bipartisanship doesn't mean that you don't have disagreements on issues of principal. I think you can do that in a way--and we intend to do that in a way that is not personal and it is simply about the issue and to keep that to a minimum. I look forward--very much forward--for a very productive session and I appreciate Senator Snyder's kind words and wisdom--which I will not try to match, I will guarantee you--particularly that one story.”
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
January 11, 1999
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4400, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
January 11, 1999
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4401, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HCR 4400 by Representatives Kessler and Lisk
Calling a joint session to receive the Governor.
HCR 4401 by Representatives Lisk and Kessler
Calling a joint session to receive the Chief Justice.
MOTIONS
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4400 was advanced to second reading and read the second time.
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4400 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
HOUSE CONCURRENT RESOLUTION NO. 4400 was adopted by voice vote.
MOTIONS
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4401 was advanced to second reading and read the second time.
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4401 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
HOUSE CONCURRENT RESOLUTION NO. 4401 was adopted by voice vote.
COMMITTEE FROM THE HOUSE
A committee from the House of Representatives consisting of Representatives Kastma, Tomiko-Santos, Schoesler and Sheahan appeared before the bar of the Senate and notified the Senate that the House is organized and ready to transact business.
The report was received and the committee returned to the House of Representatives.
The President announced the following Proposed 1999 Senate Standing Committee Assignments:
MEMBERSHIP OF SENATE STANDING COMMITTEES
1999
Agriculture and Rural Economic Development (9) -- Rasmussen, Chair; T. Sheldon, Vice Chair; Gardner, Honeyford, Morton, Prentice, Snyder, *Stevens, Swecker.
Commerce, Trade, Housing and Financial Institutions (11) -- Prentice, Chair; Shin, Vice Chair; Benton, Deccio, Gardner, Hale, Heavey, Rasmussen, T. Sheldon, West, *Winsley.
Education (13) -- McAuliffe, Chair; Eide, Vice Chair; Bauer, Benton, Brown, *Finkbeiner, Goings, Hochstatter, Kohl-Welles, Rasmussen, Sellar, Swecker, Zarelli.
Energy, Technology and Telecommunications (7) -- Brown, Chair; Goings, Vice Chair; Fairley, Fraser, *Hochstatter, Roach, Rossi.
Environmental Quality and Water Resources (7) -- Fraser, Chair; Eide, Vice Chair; Honeyford, Jacobsen, McAuliffe, *Morton, Swecker.
Health and Long-Term Care (7) -- Thibaudeau, Chair; Wojahn, Vice Chair; Costa, *Deccio, Franklin, Johnson, Winsley.
Higher Education (11) -- Kohl-Welles, Chair; Shin, Vice Chair; Bauer, Finkbeiner, Hale, Horn, Jacobsen, McAuliffe, B. Sheldon, West.
Human Services and Corrections (9) -- Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, *Long, McCaslin, Patterson, Stevens, Zarelli.
Judiciary (12) -- Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, *McCaslin, Roach, Thibaudeau, Zarelli.
Labor and Workforce Development (6) -- Fairley, Chair; Franklin, Vice Chair; *Hochstatter, Kline, Oke, Wojahn.
Natural Resources, Parks and Recreation (9) -- Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, *Oke, Rossi, Snyder, Spanel, Stevens.
Rules (16) **Owen, Chair; Wojahn, Vice Chair; Bauer, Costa, Deccio, Eide, Franklin, Goings, Hale, Hochstatter, Horn, Johnson, *McDonald, Sellar, B. Sheldon, Snyder, Spanel.
State & Local Government (7) -- Patterson, Chair; Gardner, Vice Chair; Haugen, Horn, Kline, McCaslin.
Transportation (20) -- Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; *Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, T. Sheldon, Shin, Swecker.
Ways & Means (21) -- Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, *West, Winsley, Wojahn, Zarelli.
* - Ranking Minority Member
** - Lt. Gov. Owen is a voting member
EDITOR'S NOTE: The Committees on Higher Education, State and Local Government and Transportation are each short of a committee member at this time. Senator Prince had been appointed to these committees before his resignation. Adjustments to these committees will be made after his replacement is announced.
MOTION
On motion of Senator Betti Sheldon, the Proposed Standing Committee assignments were confirmed.
REPORT OF COMMITTEE
The Senate committee composed of Senators Costa, Eide, Honeyford, Horn, Gardner and Stevens appeared before the bar of the Senate and notified the Senate that the House is organized and ready to transact business.
The report was received and the committee was discharged.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the third order of business.
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 bills which have been vetoed by the Governor, together with the official veto message setting forth his objections to the bills, as required by Article III, section 12, of the Washington State Constitution:
Second Engrossed Senate Bill No. 5185;
Substitute Senate Bill No. 5309;
Engrossed Substitute Senate Bill No. 5527;
Engrossed Substitute Senate Bill No. 5703;
Substitute Senate Bill No. 6396;
Engrossed Substitute Senate Bill No. 6497;
Substitute Senate Bill No. 6545;
Substitute Senate Bill No. 6574;
Senate Bill No. 6588;
Substitute Senate Bill No. 6602; and
Senate Bill No. 6699.
IN TESTIMONY WHEREOF, I have
hereunto set my hand, and affixed
the seal of the state of Washington
this 11th day of January, 1999.
(Seal) RALPH MUNRO
Secretary of State
VETOED BILLS
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SECOND ENGROSSED SENATE BILL NO. 5185
March 31, 1998
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Second Engrossed Senate Bill No. 5185 entitled:
"AN ACT Relating to growth management hearings boards;"
Second Engrossed Senate Bill No. 5185 would substantially weaken the authority of the Growth Management Hearings Boards. Among other provisions, the bill would prohibit the Boards from determining the validity and invalidity of city or county comprehensive plans or development regulations. These changes would effectively take the accountability out of complying with the Growth Management Act.
This bill would also lead to citizens, organizations, and government agencies going to the courts to resolve major disagreements about implementation of the Growth Management Act. It would replace an efficient dispute resolution system with a process that relies on our overburdened court system.
For these reasons, I have vetoed Second Engrossed Senate Bill No. 5185 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5309
April 3, 1998
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. 5309 entitled:
"AN ACT Relating to excise tax exemptions related to horses;"
Substitute Senate Bill No. 5309 would exempt the wholesale sale and retail sale of all horses, and the services of boarding and breeding of all horses from the business and occupation tax. The bill would also exempt all horse feed from the retail sales tax.
Today most horses are not owned by farmers or used for agricultural purposes; they are pets or hobbies. Horses used for agricultural purposes or raised as an agricultural product already receive tax breaks. The tax breaks that would be provided by Substitute Senate Bill No. 5309 would mainly help those people in our state who are most able to pay the taxes. Nationally, more than 60 percent of horse owners have a median household income in excess of the median household income in Washington.
Many of the tax exemptions in Substitute Senate Bill No. 5309 would represent a significant departure from current law, and would set a bad precedent. It would be difficult to justify not giving other pet owners similar tax breaks.
For these reasons, I have vetoed Substitute Senate Bill No. 5309 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5527
March 31, 1998
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5527 entitled:
"AN ACT Relating to incentives for water-efficient irrigation systems;"
Engrossed Substitute Senate Bill No. 5527 would allow water right holders who conserve water through the use of efficient irrigation techniques to apply that water to new parcels of land, or sell or lease it to others, including the state.
A water right has specific parameters limiting the amount of water, the land on which, and purpose for which it may be used. Those parameters protect the public's interest by ensuring that only the necessary amount of water is used, leaving excess water available for other important uses, after the needs of the water rights holder have been met.
We do not have enough water available in Washington to meet all of our needs. The state has a compelling interest in assuring that water is allocated fairly among different uses, such as increasing in-stream flows for fish. This is an especially important issue today when many streams are over-allocated and have inadequate flows for fish that have been, or may soon be, listed under the federal Endangered Species Act. If we do not take steps to protect fish, the federal government will do it for us, including federal limitations on our water use.
During the interim I will ask the Joint Natural Resource Cabinet to develop a proposal for the next legislative session that will provide an equitable way to allocate conserved water between off-stream and in-stream uses, and that provides incentive for irrigators to conserve. Water allocation issues should also be resolved collaboratively through watershed planning efforts.
For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 5527 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5703
April 2, 1998
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5703 entitled:
"AN ACT Relating to granting water rights;"
This bill would allow a person using water without a water right to continue using that water on an interim basis, until a court adjudicates the water right, or the Department of Ecology grants a water right based upon the completion of a watershed management plan. Where no planning is occurring, the Department of Ecology would retain authority to act on a water right application.
I vetoed similar legislation last year because it allowed continued interim use of non-permitted water, with a strong predisposition that such use be transformed into a permanent water right. This bill would have set up a separate, parallel track for the issuance of water rights and would have been unfair to the tens of thousands of individuals, farmers, companies, local governments and utilities who have complied with the law for obtaining a water right.
I recognize the economic concerns of those who use non-permitted water, and my administration recommended very specific conditions that could make the use of non-permitted water on an interim basis acceptable. However, several of those conditions were not accepted by the Legislature.
For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 5703 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6396
April 3, 1998
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. 6396 entitled:
"AN ACT Relating to the Washington center for real estate research;"
Substitute Senate Bill No. 6396 would codify the Washington Center for Real Estate Research in the Washington State University College of Business and Economics. This Center has been in existence since 1989 without statutory mention, and I do not think it should be codified now. I support the Center and the good work of real estate professionals, which have had a very positive impact on the economic health of our state. However, I have a fundamental disagreement with the establishment of programs or centers at our higher education institutions by statute.
I am not opposed to generating funding for the Center through a fee on real estate licenses, and I am certainly not opposed to the Center. But the funding should be directed to the Center through a mechanism that does not create the Center in statute.
For this reason, I have vetoed Substitute Senate Bill No. 6396 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6497
April 2, 1998
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 6497 entitled:
"AN ACT Relating to the taking of private property;"
Under current law the Attorney General has adopted guidelines for use by state agencies and local governments in evaluating whether proposed actions constitute an unconstitutional taking of private property, when they are planning under the Growth Management Act (GMA). Engrossed Substitute Senate Bill No. 6497 would require state agencies and local governments to address the Attorney General's guidelines and make written findings and conclusions as to whether a proposed action may result in an unconstitutional taking. State and local governments are already required to comply with the state and federal constitutions and are subject to judicial correction if their actions result in unconstitutional takings.
Though well intended, Engrossed Substitute Senate Bill No. 6497 would impose unreasonable administrative obligations on local and state governments and imply significant additional legal costs. In return it would make no improvement in the protection of private property rights.
Addressing the fundamental importance of property rights under the GMA remains very important to me. I remain committed, however, to supporting efficient and effective administration of land use law by local and state governments. Engrossed Substitute Senate Bill No. 6497 does not create better decision-making or more sophisticated constitutional analysis.
For these reasons, I have vetoed Engrossed Substitute Senate Bill No. 6497 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6545
March 25, 1998
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. 6545 entitled:
"AN ACT Relating to treatment programs for impaired physicians;"
Substitute Senate Bill No. 6545 is identical to Second Substitute House Bill No. 1618, which I signed today.
For this reason, I have vetoed Substitute Senate Bill No. 6545 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6574
March 31, 1998
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. 6574 entitled:
"AN ACT Relating to the learning materials loan program;"
Substitute Senate Bill No. 6574 would require local school districts to make a "good faith effort" to accommodate annual loan requests from any state-approved private religious or nonsectarian school for current textbooks and workbooks on the district's adoption list. This bill, which does not define "good faith effort" and for which there is no appropriation, would likely place a financial hardship on school districts — especially those with disproportionate numbers of private schools.
Last year, I signed House Bill No. 1367, enabling public schools to loan surplus educational materials to private nonreligious, nonsectarian schools where previously they were available solely for purchase, rent, or lease. Accordingly, these private schools already have access to public school materials in a way that does not unduly jeopardize the adequacy of education programs for public school children. Washington state funds K-12 public education based on public school enrollment, not private school enrollment. This bill would have a financial impact on public education, yet is not accompanied by any commensurate change in the state school finance system.
This bill also conflicts with our state constitution by directing state funds to private religious schools. The Washington Constitution clearly states that "the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools" and that "no public money or property shall be appropriated for, or applied to any religious worship, exercise or instruction, or the support of any religious establishment." Substitute Senate Bill No. 6574 would divert resources away from the state's common schools.
For these reasons, I have vetoed Substitute Senate Bill No. 6574 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SENATE BILL NO. 6588
April 3, 1998
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. 6588 entitled:
“AN ACT Relating to exempting movie theater snack counters from the special stadium sales and use tax imposed on restaurants;" Senate Bill No. 6588 would exempt snack bars in movie theaters, other theaters, and centers for the performing arts in King County from the special one-half percent sales tax imposed on restaurants, taverns and bars. The revenue generated by this special sales tax is pledged to repay the bonds that were sold to finance the construction of the new baseball stadium.
Reducing a revenue stream that has been pledged for bond repayment is poor financial management and poor tax policy. If these revenues are lost, bond holders could have cause to bring suit. Any litigation could, in turn, result in reduced bond ratings. In addition, other types of eating and drinking establishments that must pay the tax will want a similar exemption, seriously threatening funding of the new baseball stadium.
For these reasons, I have vetoed Senate Bill No. 6588 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6602
April 3, 1998
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. 6602 entitled:
"AN ACT Relating to carbonated beverage taxes;"
In 1994, the voters approved Referendum 43, the first tax increase after Initiative 601. This referendum, among other things, increased the tax on carbonated beverage syrup to provide the funds we need to prevent youth violence and provide drug education and drug enforcement programs. The current tax on carbonated beverage syrup is $1.00 per gallon.
Substitute Senate Bill No. 6602 authorizes a business to claim a credit for one-half of the amount of syrup taxes paid, against its business and occupations tax liability. Allowing one state tax to be credited against another essentially transfers part of the costs for youth violence and drug programs to the state general fund. This is not what the voters agreed to do when they passed Referendum 43.
For these reasons, I have vetoed Substitute Senate Bill No. 6602 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SENATE BILL NO. 6699
April 1, 1998
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. 6699 entitled:
"AN ACT Relating to information provided by former or current employers to a prospective employer;"
I strongly agree with the intent of this legislation. As an employer, I have personally experienced the frustrations that result from current law.
It is clear that the laws applying to employee references need to be reformed. In recent years, employers have been reluctant to provide job reference information regarding former employees, for fear of liability. The consequence is that employers often cannot get adequate information to make good hiring decisions. This can be a big problem in the case of workplace violence or employee theft. Employers who have fired employees because of violence or theft have not divulged that information to prospective employers. Later, such employees have repeated that behavior endangering the life and property of others. Conversely, good employees are disadvantaged because many employers have strict policies against providing more than minimal information, such as confirming dates of employment only.
However, Senate Bill No. 6699 is not crafted finely enough to properly solve these problems. When I met with proponents of this bill, there was disagreement even among them whether reports of an employee's activities outside of work could be discussed in a job reference. Among other concerns, Senate Bill No. 6699 conflicts with the state's anti-blacklisting statute (RCW 49.44.010) and would effectively take away any civil remedy an employee could seek if blacklisted. Blacklisting occurs when employers band together to exclude from employment, employees who are trying to organize a union, or participate in "undesirable" religious or political organizations.
I strongly agree with the intent of Senate Bill No. 6699, but it needs further refinement. During the interim I will convene a group of knowledgeable lawyers and stakeholders representing all sides of this issue to develop legislation that will address these concerns. And, I will make my staff available to assist the group.
I urge the various interest groups to work together to develop a compromise that satisfies employers' need for freer flow of information, while maintaining meaningful protection for employees. Efforts that were made by Representatives Lantz and Hickel to provide for statements made by an employer with malice or a reckless disregard of truthfulness come much closer to a balanced law that would work for both employers and employees.
For these reasons, I have vetoed Senate Bill No. 6699 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
FURTHER MESSAGE FROM THE SECRETARY OF STATE
The Honorable Brad Owen
President of the State Senate
Legislature of the State of Washington
Olympia, Washington 98504
Dear President Owen:
We respectfully transmit for your consideration the following bills which have been partially vetoed by the Governor, together with the official veto message setting forth his objections to the sections or items of the bills, as required by Article III, section 12, of the Washington State Constitution:
Engrossed Substitute Senate Bill No. 5305;
Engrossed Substitute Senate Bill No. 6108;
Substitute Senate Bill No. 6161;
Engrossed Substitute Senate Bill No. 6165;
Engrossed Substitute Senate Bill No. 6204;
Substitute Senate Bill No. 6208;
Second Substitute Senate Bill No. 6214;
Senate Bill No. 6219;
Engrossed Substitute Senate Bill No. 6238;
Engrossed Substitute Senate Bill No. 6328;
Second Substitute Senate Bill No. 6330;
Senate Bill No. 6348;
Engrossed Substitute Senate Bill No. 6456;
Engrossed Substitute Senate Bill No. 6470;
Engrossed Second Substitute Senate Bill No. 6509;
Engrossed Substitute Senate Bill No. 6533;
Second Substitute Senate Bill No. 6544;
Engrossed Substitute Senate Bill No. 6560;
Engrossed Second Substitute Senate Bill No. 6562;
Engrossed Senate Bill No. No. 6628; and
Substitute Senate Bill No. 6655.
IN TESTIMONY WHEREOF, I have
hereunto set my hand, and affixed
the seal of the state of Washington
this 11th day of January, 1999.
(Seal) RALPH MUNRO
Secretary of State
PARTIALLY VETOED BILLS
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5305
April 2, 1998
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, and 8, Engrossed Substitute Senate Bill No. 5305 entitled:
"AN ACT Relating to controlling drugs used to facilitate rape;"
I support the main goal of Engrossed Substitute Senate Bill No.5305, to treat flunitrazepam, the so-called "date rape" drug, with the seriousness it deserves. However, prosecutors and legislators who sponsored and worked for passage of this bill have asked me to veto sections 6 and 7. Those sections would add confusing language to the definitions of second-degree rape and indecent liberties, two very serious sex offenses. The language is not necessary to convict people who use drugs to make victims helpless, and it could make conviction more difficult for other crimes by requiring proof that the accused person knew of the victim's helpless condition.
Section 8 of Engrossed Substitute Senate Bill No. 5305 would require rape crisis centers, law enforcement, and hospital emergency rooms to train personnel who investigate sexual assault cases on how to recognize and test for sedatives like flunitrazepam, and how to preserve evidence for use in court. The intent of that section is commendable, but it is vague and lacks any mechanism for implementation. For example, it does not adequately specify who is required to train whom. It is also misplaced in the criminal code. I urge the interested parties to work together to develop effective, workable legislation on this subject for the next session.
For these reasons, I have vetoed sections 6, 7, and 8 of Engrossed Substitute Senate Bill No. 5305.
With the exception of sections 6, 7, and 8, I am approving Engrossed Substitute Senate Bill No. 5305.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6108
April 3, 1998
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 115(5); 117(18); 120; 122(6); 124(3); 124(4); 125; 204(3)(b); 205(1)(f); 205(1)(k); 207(9); 211(5); 215(2); 217(11); 219(28); 222(3); 222(8); 222(9); 302(18); 302(19); 302(20); 303(4); 303(5); 307(34); 308, page 112, lines 4-5; 308(10); 308(11); 309(6); 309(7); 906; 907; 908; Engrossed Substitute Senate Bill No. 6108 entitled:
"AN ACT Relating to fiscal matters;"
Section 125, Page 32 (For the Horse Racing Commission)
The proviso in section 125 directs the Horse Racing Commission to conduct a study with the Gambling Commission on the impact to the race tracks and the horse racing and breeding industry of allowing gambling at race tracks. This proviso does not provide the direction or the funds that are needed to ensure that all affected interests, including the tribes, will come together to perform a thorough study of a very complex issue.
Section 204(3)(b), Pages 50-51 (For the Department of Social and Health Services, Mental Health Program—Special Commitment Center)
Section 204(3)(b) requires the Department to develop a staffing model for the Special Commitment Center by October 1, 1998. I am vetoing this proviso because the October 1998 deadline does not provide adequate time to develop a proper staffing model after the scheduled relocation of the Special Commitment Center from Monroe to McNeil Island in April 1998. I am, however, directing the Department to submit an interim report on staffing by October 1, 1998, to be followed up with a comprehensive staffing model that will be completed in time for budget development for the 1999-01 Biennium.
Section 205(1)(f), Page 54 (For the Department of Social and Health Services, Developmental Disabilities Program—Number of Developmentally Disabled Clients Served)
Section 205(1)(f) directs that the Department shall not reduce the number of persons served in community residential, employment and day programs, or family support below levels identified in the 1997 Legislative Budget Notes in order to undertake activities proposed by the Department but not funded in the supplemental appropriations act. Because the Legislature did not fully fund the costs of maintaining current service levels in community programs, this proviso could have required reductions in current services to families and disabled individuals. This proviso unduly restricts the ability of the secretary to manage the division's programs. In addition, I do not support attempts to enact Legislative Budget Notes into law through reference in a proviso. For these reasons I am vetoing this section. I am, however, directing that the Department shall make all efforts not to reduce the number of persons being served in these three programs below their current levels.
Section 205(1)(k), Page 55 (For the Department of Social and Health Services, Developmental Disabilities Program—Autism Pilot Program)
Section 205(1)(k) requires the Department to contract for a pilot program to test an alternative delivery model for services to persons with autism. I am vetoing this section for the reason that no funding was provided in the supplemental appropriations act for this requirement.
Section 207(9), Page 63 (For the Department of Social and Health Services, Economic Services Program—TANF Funding For Local Nonprofit Agencies)
This subsection earmarks $5 million in federal Temporary Assistance to Needy Families (TANF) block funding to provide grants to community action agencies and other local nonprofit organizations. As welfare caseloads decline, it will be necessary to reinvest a portion of our budgetary savings into community-based programs — similar in purpose to those described in this subsection — for WorkFirst participants who need intensive assistance in order to get and keep a job. It is, however, too early in the implementation of WorkFirst to earmark a set amount of funding for the specific purposes identified in this subsection. For this reason, I am vetoing this subsection.
Section 222(3), Page 90 (For the Employment Security Department—Job Placement Levels)
Section 222(3) requires the Department to maintain the current level of job placement services at all 32 community and technical college location sites through the remainder of the 1997-99 Biennium. Because the Legislature did not provide resources to maintain this activity, it would be impossible for the Department to continue the current level of service. Therefore, I am vetoing section 222(3); however, I am directing the Employment Security Department to coordinate with the State Board for Community and Technical Colleges to ensure the greatest level of service possible is provided.
Section 222(8), Page 91 (For the Employment Security Department—Additional Tax Information)
Section 222(8) requires the Department to disclose additional tax information on the 1999 employer tax rate notice. While I support the disclosure of tax related information, this section requires information that could mislead employers about the relationship between the taxes they had paid and the benefits their former employees had received. In addition, tax rates are calculated on a fiscal year basis, while this subsection requires information be provided for a calendar year. It is impossible for the Department to correlate the fiscal year tax rate calculation with the calendar year information. For these reasons, I am vetoing this subsection and directing the Employment Security Department to conduct a study, in consultation with all interested parties, on how to improve the disclosure of information on the employer rate notice.
Section 222(9), Pages 91-92 (For the Employment Security Department—Federal Waiver For Welfare-To-Work Grant Program)
As a condition for receiving $20,157,000 in federal funding, Section 222(9) requires the Governor to successfully obtain an approved federal waiver for use of an alternative agency or agents to administer the welfare-to-work grants. I am vetoing this subsection because I do not want the success of an important program to depend on the success of obtaining a federal waiver; however, I have directed the Employment Security Department to pursue a federal waiver as required by the Legislature.
Section 302(18), Page 98 (For the Department of Ecology—Coastal Erosion Project Grants)
I am deeply concerned for people whose homes and businesses are threatened by erosion along our state's coastline. As a result, I am signing provisions which provide $275,000 in the operating budget and $150,000 in the capital budget for coastal erosion projects in Ocean Shores. However, the Legislature has redirected $250,000 of funds previously committed to the Department of Ecology for a long-term coastal erosion study to the Department of Community, Trade, and Economic Development (CTED) for new coastal erosion project grants. The Coastal Erosion Study begun by the Department of Ecology and the U.S. Geological Survey in 1996 is already providing sound information for decision making and will continue to provide important information over the next three years. This redirection of funds would seriously compromise this effort. The study is critical to the state, as well as local communities, to make decisions based upon sound science and good information. Therefore I am vetoing this subsection.
Although I am vetoing this subsection, I am directing CTED to immediately begin designing a collaborative process, involving all appropriate interests, to develop short- and long-term policy recommendations on coastal erosion. These recommendations will be based on sound economic and environmental principles, as well as solid scientific research and information. Because I believe the people who will be most directly affected by the outcome should have a say in the process, CTED is to include representatives from communities experiencing coastal erosion, state agencies with mandates to protect coastal resources, and other affected stakeholders.
Section 302(19), Pages 98-99 (For the Department of Ecology—Rural Economic Development Project Assistance To Businesses)
This subsection requires the Department of Ecology (DOE) to expedite its assistance to businesses seeking permitting and technical help, and to give top priority to projects in rural counties which have initiated coordinated permit processing through DOE's Permit Assistance Center. To date, only one project has met these conditions. Although I strongly support efforts to promote business development in rural areas, it is unfair to give one potential project preference over all others in rural communities throughout the state.
Section 302(20), Page 99 (For the Department of Ecology—Lake Steilacoom Scientific Review Contract)
This subsection requires the Department of Ecology to contract with a panel selected by the Society of Environmental Toxicology and Chemistry for a scientific review of various permits and studies related to efforts to control aquatic weeds in Lake Steilacoom. The Legislature failed to provide any funding for this study, which is estimated to cost $150,000 to $200,000. In addition, a review of DOE permits related to Lake Steilacoom would have very little benefit because such a review would not have any legal standing and would be after the allowable time limit for appeals has expired.
Section 308, Page 112, Lines 4-5 and Section 308(10) Page 113 (For the Department of Natural Resources—Mobile Radio Replacement)
To comply with Federal Communication Commission requirements, the Department of Natural Resources needs to replace the mobile radio system it now uses for communications while fighting wildfires, an activity funded by the state General Fund. The appropriation in this section, however, is from the Natural Resources Equipment Account, a revolving fund at the Department for ongoing maintenance and replacement of equipment primarily used in the management of public lands held in trust for a variety of beneficiaries, including public schools. Revenues from trust lands, other than those necessary to manage the lands, must be distributed to the trust beneficiaries in accordance with constitutional requirements. Since there is only a nominal fund balance in the Natural Resources Equipment Account attributable to the fire program, the effect of this appropriation would be to inappropriately use revenues generated from trust lands to subsidize fire fighting activities. Therefore, I have vetoed this appropriation and proviso. I will work with the Department to explore alternative options for both the short- and long-term replacement of mobile radio equipment.
Sections 906, 907, and 908, Pages 204-206 (Agricultural Fair Theme Games and Lottery Distribution to the Fair Fund)
Section 906, 907 and 908 seek to replace pari-mutuel tax revenues that support the State Fair Fund and the State Trade Fair Fund with lottery proceeds. Section 906 requires the Washington State Lottery to conduct two to four games with agricultural themes per year in the 1997-99 Biennium. The Washington State Lottery will be unable to meet this obligation for Fiscal Year 1998 due to the length of time required to develop the agricultural theme scratch games. Section 907 distributes lottery proceeds to the State Fair Fund. Lottery proceeds support the General Fund and this proposal could potentially lower the expenditure limit under Initiative 601 if the new games did not increase total lottery revenues. For these reasons, I am vetoing Sections 906, 907, and 908 of the appropriations act to eliminate the possibility of lowering the Initiative 601 expenditure limit and to eliminate confusion regarding conducting agricultural fair theme scratch games by the Washington State Lottery.
I am vetoing the following sections in the operating appropriations bill because the language in each relates to bills that did not pass the Legislature.
Section 115(5), Page 16 (For the Attorney General—Regulating Travel Sales)
This subsection stipulates that if Engrossed Substitute House Bill No. 2027 is not enacted, the subsection is null and void. Engrossed Substitute House Bill No. 2027 was not passed by the Legislature, therefore, I have vetoed Section 115(5) of the appropriations act to eliminate confusion regarding the conditions and limitations for the Attorney General.
Section 120, Page 27 (For the Washington State Lottery Commission—Implementation of EHB 3120)
Subsection 3 stipulates that if Engrossed House Bill 3120 is not enacted, subsections 1 and 2 are null and void. Engrossed House Bill No. 3120 was not passed by the Legislature; therefore, I have vetoed Section 120 of the appropriations act to eliminate confusion regarding the conditions and limitations for the Washington State Lottery.
The following sections are vetoed in the appropriations bill because of provisions or vetoes in other bills:
Section 124(4), Page 32 (For the Insurance Commissioner—ESHB 2439, Bicycle Safety)
This subsection allocates $100,000 from the Insurance Commissioners Regulatory Account to the Traffic Safety Commission to implement the Cooper Jones Act (Engrossed Substitute House Bill No. 2439). The bill that passed the Legislature, which I signed, has the authority to expend $100,000 from the Bicycle and Pedestrian Safety Account. Therefore this appropriation from the Insurance Commissioners Regulatory Account is not needed. For these reasons I am vetoing this subsection.
Section 303(4), Page 101 (For the Department of Ecology—ESSB 5703, Water Right Beneficial Use)
Engrossed Substitute Senate Bill No. 5703 allows the interim use of water without authorization (a water right) until either the court grants a water right or DOE grants a water right based on completion of a watershed plan where a planning effort is underway. Allowing the use of this water is unfair to those who have forgone the use of water by following the normal process for obtaining a water right. Because I have vetoed this bill, I have also vetoed this section to avoid confusion.
Section 117(18), Page 22 (For the Department of Community, Trade, and Economic Development); Section 122(6), Page 30 (For the Department of Revenue); Section 124(3), Page 32 (For the Insurance Commissioner); Section 211(5), Pages 68 and 69 (For Department of Social and Health Services, Administration and Supporting Services Program); Section 215(2), Page 73 (For the Human Rights Commission); Section 217(11), Page 78 (For the Department of Labor and Industries); Section 219(28), Pages 84 and 85 (For the Department of Health); Section 303(5), Page 101 (For the Department of Ecology); Section 307(34), Page 111 (For the Department of Fish and Wildlife); Section 308(11), Page 113 (For the Department of Natural Resources); Section 309(6), Page 115 (For the Department of Agriculture)—E2SHB 2345, Regulatory Reform
These subsections stipulate that the funding provided to implement Engrossed Second Substitute House Bill No. 2345, Regulatory Reform, will lapse if sections 1, 3, 4, 10, 11, and 12 are not enacted. I have vetoed these sections of Engrossed Second Substitute House Bill No. 2345 because I do not believe that these provisions are in the best interest of the state. Therefore, I have also vetoed these sections of the appropriations act to eliminate confusion regarding the expenditure authority for these agencies.
Section 309(7) Page 115 (For the Department of Agriculture—ESSB 6204 Livestock Identification)
This subsection stipulates that the funding provided to implement sections 2 and 98 of Engrossed Substitute Senate Bill No. 6204 shall lapse if these sections of the bill are not enacted. I have vetoed these sections of Engrossed Substitute Senate Bill No. 6204, and most other sections of the bill, because they do not address programmatic and financial issues pertaining to the livestock identification program in an effective and fiscally responsible manner. Therefore, I have also vetoed Section 309(7) of the appropriations act to eliminate confusion regarding the appropriation authority of the Department of Agriculture.
Other Comments
Section 301(2) for the Columbia River Gorge Commission requires Clark County to direct $30,000 each year from its grants for implementing the Scenic Area Management Plan to Skamania County to cover the county's cost of implementing this same plan. Although I am not vetoing this section, I continue to be troubled by the Legislature's decision not to provide adequate funding for both the Gorge Commission and the counties within the National Scenic Area. The current budget is still $85,000 a year below what the county has identified as its costs to implement the Scenic Area Act. The Legislature also failed to provide adequate funding for the Gorge Commission itself. As we develop the budgets for next biennium, it is important to understand that the Scenic Area Act cannot be successful without stable and adequate funding.
Section 304(7) for the State Parks and Recreation Commission requires that the Snowmobile Account and the Winter Recreation Program Account provide funds to support the Northwest Avalanche Center (NWAC). The NWAC provides important weather and avalanche forecasts that benefit back country users, search and rescue personnel, counties, ski patrols, the state Department of Transportation (WSDOT), and the Washington State Patrol, as well as snowmobilers and winter recreationalists. Although I have not vetoed this section, I do not support the decision by the Legislature to appropriate $40,000 from these accounts for the operation of the NWAC. These programs have already voluntarily contributed $11,000 to the NWAC. This higher level of funding is disproportionate to the benefit derived by the winter recreationalists whose user fees would be diverted from direct program services to the NWAC. Furthermore, these user fees are collected statewide, while the NWAC only provides services in the Cascades and Olympics. As a result, I anticipate seeking future General Fund-State support to reimburse these dedicated funds. I also urge the NWAC, user groups, State Parks, and WSDOT, to continue to work with the Office of Financial Management and the Legislature to find alternative long term funding sources for the NWAC.
With the exception of sections 115(5); 117(18); 120; 122(6); 124(3); 124(4); 125; 204(3)(b); 205(1)(f); 205(1)(k); 207(9); 211(5); 215(2); 217(11); 219(28); 222(3); 222(8); 222(9); 302(18); 302(19); 302(20); 303(4); 303(5); 307(34); 308, page 112, lines 4-5; 308(10); 308(11); 309(6); 309(7); 906; 907; 908; Engrossed Substitute Senate Bill No. 6108 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6161
April 1, 1998
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 8, Substitute Senate Bill No. 6161 entitled:
"AN ACT Relating to dairy nutrient management;"
Substitute Senate Bill No. 6161 makes significant changes in the operation and regulation of dairies in the state of Washington. This bill will be of great benefit to our water quality and the public's health. I commend the dairy industry for its strong support of this bill.
Section 8 of Substitute Senate Bill No. 6161 would create a Dairy Nutrient Management Program Advisory and Oversight Committee, consisting of governmental and non-governmental members. That committee would provide "direction to and oversight of" the dairy nutrient management program. Clearly, the state can benefit from the advice and counsel of those who will be most affected by this bill. However, the dairy inspection program is a governmental program and must be carried out by the Department of Ecology, the responsible governmental entity. It is inappropriate to give directive and oversight responsibilities to a non-governmental body. In addition, the portion of section 8 that provides for compensation of committee members contains drafting errors and is defective.
Very clearly, the advisory functions spelled out in section 8 are beneficial to the effective operation of the program. With this message, I am directing the Department of Ecology to establish such a committee to perform the advisory functions provided for in section 8(5).
For these reasons, I have vetoed section 8 of Substitute Senate Bill No. 6161.
With the exception of section 8, Substitute Senate Bill No. 6161 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6165
March 30, 1998
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, 5, 6, and 8, Engrossed Substitute Senate Bill No. 6165 entitled:
"AN ACT Relating to use of ignition interlock devices;"
Engrossed Substitute Senate Bill No. 6165 requires that ignition interlock devices be used by individuals convicted of drunk driving with a blood alcohol content of 0.15 or higher. I support the intent of this legislation; however, some sections are problematic.
Section 3 of Engrossed Substitute Senate Bill No. 6165 would mandate jail terms of 30, 60, and 90 days for driving without an interlock when required to do so. These mandatory sentences should not be enacted without a clear showing that they are necessary, and without carefully considering the costs to local governments. Before further restricting judges' discretion in these cases, we should gain experience with mandatory interlock use, frequency of violations, and reasons for violations. Section 3 would deny courts discretion to consider emergencies or other circumstances that might excuse or mitigate this behavior. Driving without an interlock in violation of a court order is currently punishable by up to 90 days in jail. I believe courts should continue to have sentencing discretion, especially in the early stages of mandatory interlock use.
Section 5 of Engrossed Substitute Senate Bill No. 6165 would require that vehicles driven without interlocks, in violation of court orders, be impounded "for use as evidence." I am concerned about the substantial costs this requirement could impose on local governments. Currently, police officers have the authority to take custody of evidence when they need to do so, but they may not need to do so in all interlock violation cases. Impoundment, at the driver's expense, would be an appropriate remedy for violating court orders after a DUI, but this section does not assure that the driver, rather than the local government, would be financially responsible.
Section 6 of Engrossed Substitute Senate Bill No. 6165 would require that all DUI charges be filed in court, and defendants be arraigned on those charges, within 21 days after arrest. I share the policy goal behind this section — to assure that defendants have a reasonable chance to qualify for deferred prosecution in appropriate cases. However, the effect of that requirement amounts to a 21-day statute of limitation on DUI cases. The vast majority of these cases can and should be charged much sooner than 21 days after arrest. But some require more time for legitimate investigative reasons, like getting blood test results or determining whether accident victims will recover. These are likely to be the more serious cases involving drunk driving, cases that should not be subject to dismissal because of such a deadline. The goal of informing defendants about deferred prosecution can be accomplished by bringing them to court promptly after arrest or filing charges, as required by section 2 of Engrossed Second Substitute Senate Bill No. 6293, which I signed today. Finally, I am concerned that section 6 falls outside the subject of the bill as expressed in the title, in violation of Article II, Section 19 of the State Constitution.
Section 8 of Engrossed Substitute Senate Bill No. 6165 would require that the Office of Financial Management verify claims from local governments for increased levels of services mandated by the act. This section would add an unnecessary additional bureaucratic layer to the existing statutory and procedural process for handling these claims. I will direct the Office of Financial Management and the Department of General Administration to work collaboratively with the appropriate legislative committees to ensure that timely and accurate information is provided to the Legislature.
For these reasons, I have vetoed sections 3, 5, 6, and 8 of Engrossed Substitute Senate Bill No. 6165.
With the exception of sections 3, 5, 6, and 8, Engrossed Substitute Senate Bill No. 6165 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6204
April 1, 1998
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, 2, 3, 4, and 7 through 101, Engrossed Substitute Senate Bill No. 6204 entitled:
"AN ACT Relating to livestock identification;"
Engrossed Substitute Senate Bill No. 6204 would transfer program administration for livestock inspection to a seven-member board, all of whose voting members would be industry representatives. The board would administer a regulatory program with rule-making, fee-setting and enforcement powers. It would use its budget without legislative appropriation and be given a vast array of responsibilities, including entering into agreements with other states on behalf of Washington.
This approach is fraught with problems, conflicts of interest, and lacks any accountability to the public. But most seriously, the underlying problem — the inadequate fee system under the current law — is not remedied by this bill. Under this bill, the program fund balance would still be $187,000 in the red at the end of the current biennium and $193,000 in the red at the end of next biennium. It is unacceptable for the Legislature to continue avoiding the difficult issue of inadequate funds, and instead simply create a new entity to oversee livestock inspections.
I do support section 5 of this bill, which will allow families to register "heritage brands" that have been in their families for many years, and section 6, which will enable veterinarians to be certified to conduct livestock identification.
For these reasons, I have vetoed sections 1, 2, 3, 4, and 7 through 101 of Engrossed Substitute Senate Bill No. 6204.
With the exception of 1, 2, 3, 4, and 7 through 101, Engrossed Substitute Senate Bill No. 6204 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6208
April 2, 1998
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 2, 3, 5, 10, 41 and 42, Substitute Senate Bill 6208 entitled:
"AN ACT Relating to at-risk youth;"
This bill clarifies the processes for the admission of a child for mental health or chemical dependency treatment. It clearly separates the procedures for voluntary outpatient and inpatient treatment, parent-initiated treatment and court-authorized involuntary treatment. Safeguards are provided for inpatient mental health and chemical dependency treatment, including an independent review by a mental health or chemical dependency professional, the opportunity for a child to petition the court for review, and automatic release from a facility unless a court allows the child to be retained for further treatment.
Sections 2, 3 and 5 relate to the Department of Social and Health Services contracting with counties for the operation of staff secure group homes. Section 2 would require DSHS to transfer funds to counties to operate these homes based on a formula that is inconsistent with other formulae related to at-risk youth. Section 3 would incorrectly change state child welfare duties to include providing funding to counties to staff these homes. Section 5 apparently would require counties, which would be subcontracting with the state, to in turn subcontract with private vendors to provide staff secure group homes for certain youth. DSHS already contracts for such services, so that section is unnecessary.
Section 10 would require DSHS to report to the Legislature annually on the number of parent-initiated admissions of minors to evaluation and treatment facilities. A costly hospital record review would be needed to gather such information, but no funding was provided.
Sections 41 and 42 would amend the law relating to unlawful harboring of a minor child. The language is redundant with existing law and may lump together effective shelters for youth with those individuals who prey upon them.
For these reasons, I have vetoed sections 2, 3, 5, 10, 41 and 42 of Substitute Senate Bill No. 6208.
With the exception of sections 2, 3, 5, 10, 41 and 42, Substitute Senate Bill No. 6208 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SECOND SUBSTITUTE SENATE BILL NO. 6214
April 2, 1998
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 55 and 60, Second Substitute Senate Bill No. 6214 entitled:
"AN ACT Relating to mental illness;"
Second Substitute Senate Bill No. 6214 broadens the Involuntary Treatment Act (ITA) commitment standards to take greater account of a history of violence. Among other things, it requires greater information sharing between treatment providers and criminal justice agencies, and creates mechanisms to protect public safety in the context of ITA treatment.
Section 55 of Second Substitute Senate Bill No. 6214 would require the Department of Corrections to report annually to legislative fiscal committees on the efficacy of the regional support networks in implementing this legislation, including information on their administrative costs. While such reporting has value, DOC has neither the audit authority, the specialized expertise, nor the funding to perform this task. The bill already requires evaluations and reports by the Joint Legislative Audit and Review Committee and the Washington State Institute for Public Policy.
Section 60 would cause the entire act to expire on June 30, 2001. "Sunset" provisions can be valuable, but this would be too soon. This complex new law will be difficult to implement and may well require revision in the years to come. The studies required by the Institute for Public Policy and the Joint Legislative Audit and Review Committee can help identify problems and opportunities for improvement.
For these reasons, I have vetoed sections 55 and 60 of Second Substitute Senate Bill No. 6214.
With the exception of sections 55 and 60, Second Substitute Senate Bill No. 6214 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SENATE BILL NO. 6219
March 31, 1998
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 56, 176(14), 176(15), and 176(17), Senate Bill No. 6219 entitled:
"AN ACT Relating to reports to the legislature;"
Senate Bill No. 6219 is an excellent piece of legislation that will contribute to the efficiency of state government. It eliminates approximately 230 obsolete or unnecessary reports that agencies are required to submit to the Legislature by amending or repealing numerous sections of law.
However, the statutes that would be repealed by sections 176 (14), (15), and (17) also contain substantive language regarding ongoing programs that should be retained in law. To avoid inadvertent disruption of the programs, I have vetoed those sections.
Section 56 of Senate Bill No. 6219 would amend RCW 43.19.554 by removing a reference to a report from the Department of General Administration on motor vehicle management. However, House Bill No. 2568, which I signed on March 23, 1998, already repealed that section.
For these reasons, I have vetoed sections 56, 176 (14), 176 (15), and 176 (17) of Senate Bill No. 6219.
With the exception of sections 56, and 176 (14), 176 (15), and 176 (17), I am approving Senate Bill No. 6219.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6238
April 3, 1998
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 6, Engrossed Substitute Senate Bill No. 6238 entitled:
"AN ACT Relating to dependent children;"
This bill requires the Department of Social and Health Services to specify, via affidavit, evidence that harm will come to a particular child if the child is not taken from his home. The affidavit must contain evidence of the risk of imminent harm. The bill also requires quicker access to information for parents, to help give them an adequate opportunity to make their case at the shelter care hearing. Under this legislation, parents will be able to become more engaged in the process of identifying the services they require to prevent serious harm to a child, were the child returned to them.
Section 6 of this legislation would require DSHS to publish a great deal of new information in its annual quality assurance report. The required information is not now collected, and there is no indication why DSHS should start collecting it, or what the usefulness of that information would be. And, no funding was provided for this purpose.
For these reasons, I have vetoed section 6 of Engrossed Substitute Senate Bill No. 6238.
With the exception of section 6, Engrossed Substitute Senate Bill No. 6238 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6328
March 27, 1998
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 123, Engrossed Substitute Senate Bill No. 6328 entitled:
"AN ACT Relating to fish and wildlife code enforcement;"
The codes for the former Departments of Fish and Wildlife were not properly dealt with when those departments were merged several years ago. Engrossed Substitute Senate Bill No. 6328 consolidates and standardizes the enforcement code for the Department of Fish and Wildlife. This bill is long overdue, and I commend the Department and the Legislature for their hard work in developing this legislation.
Section 123 of Engrossed Substitute Senate Bill No. 6328 amends a part of the statute that is also amended in Substitute Senate Bi
ll No. 6330. The double amendment appears to have been unintended, and would cause confusion.
For this reason, I have vetoed section 123 of Engrossed Substitute Senate Bill No. 6328.
With the exception of section 123, Engrossed Substitute Senate Bill No. 6328 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SECOND SUBSTITUTE SENATE BILL NO. 6330
March 27, 1998
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 34 and 37, Second Substitute Senate Bill No. 6330 entitled:
"AN ACT Relating to fish and wildlife licenses;"
Second Substitute Senate Bill No. 6330 will simplify the recreational hunting and license system, which will ultimately reduce the number of license documents and improve service to the public. The bill is also necessary to implement a point-of-sale license system which allows dealers to make sales through an on-line terminal rather than using the existing paper system.
Sections 34 and 37 of Second Substitute Senate Bill No. 6330 would amend statutes that were repealed by Engrossed Substitute Senate Bill No. 6328, which I signed today. This partial veto will ensure that the two bills are consistent.
For these reasons, I have vetoed sections 34 and 37 of Second Substitute Senate Bill No. 6330.
With the exception of sections 34 and 37, Second Substitute Senate Bill No. 6330 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SENATE BILL NO. 6348
April 3, 1998
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 4 of Senate Bill No. 6348 entitled:
"AN ACT Relating to eliminating requirements for filing certificates or annual summaries for sales and use tax exemptions on manufacturing machinery and equipment;"
Senate Bill No. 6348 amends the state retail sales and use tax statutes to relieve taxpayers of the burden of making reports and annual summaries of tax exempt purchases, for submission to the Department of Revenue.
One of my goals as Governor is the simplification of our tax system and the reduction of regulations for businesses. The Department of Revenue developed this legislation in an effort to reach that goal. The original intent of the bill was to immediately relieve taxpayers eligible for the machinery and equipment tax exemption from the burden of submitting duplicate exemption certificates or purchase summaries to the Department.
The Legislature amended the bill by adding sections 3 and 4. Section 4 would require taxpayers to submit, for an additional six months, reports of machinery and equipment purchases before qualifying for the sales and use tax exemption. However, section 3 would not require the Department to deny exemptions if the taxpayers did not send in reports. This would create conflicting policies and extend the period during which businesses must submit redundant paperwork to the Department. This is unnecessary, burdensome, and contrary to the bill's original purpose.
For these reasons, I have vetoed sections 3 and 4 of Senate Bill No. 6348.
With the exception of sections 3 and 4, Senate Bill No. 6348 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6456
April 3, 1998
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 202(6); 202(8), page 8, line 20 through page 9, line 6; 203(13); 207(2); 209, page 18, lines 1 through 2; 209(3); 209(4); 209(5); 211(12); 211(13); 212(3); 214(4); 214(5); 220(10); 221(7); 301(4); 402, page 42, lines 29 through 30; 403; 501; 502; 507 and 508, Engrossed Substitute Senate Bill No. 6456 entitled:
"AN ACT Relating to transportation funding and appropriations;"
Engrossed Substitute Senate Bill No. 6456 provides a supplemental budget for the 1997-99 transportation budget.
Section 202(6), page 7 (Legislative Transportation Committee)
Section 202(6) directs the Legislative Transportation Committee to study and report findings to the Legislature regarding the design-build method of contracting. I am vetoing this proviso because it is unnecessary in light of passage of Substitute Senate Bill No. 6439, which requires the Department of Transportation (DOT) to conduct a demonstration program using the design-build method of contracting and requires the DOT to present a report within one year of completion of the demonstration projects.
Section 202(8), page 8, line 20 through page 9, line 6 (Legislative Transportation Committee)
Section 202(8) provides a $1 million appropriation for the purpose of convening a panel of citizens to conduct a comprehensive analysis of state-wide transportation needs, funding, and policies. The panel is to be appointed by the legislature and the Governor.
While there is no question about the commitment of all parties, including myself, to conduct a creditable and timely review of transportation issues, I have vetoed page 8, line 20 through page 9, line 6 in order to provide maximum flexibility to the panel to manage the review as effectively as possible within the available dollars. The review activities outlined in the vetoed provisos can serve as guidance, rather than limits, for the panel as they start their deliberations. The veto of these subsections does not preclude the panel from addressing the same issues, but it does allow the panel to adjust the scope and emphasis of the study activities as information is developed.
Section 203(13), page 11 (Washington State Patrol—Field Operations Bureau)
Section 203 (13) prohibits the Chief of the Washington State Patrol from using funding provided in Chapter 457, Laws of 1997 and in this act to increase salaries for positions above the rank of captain. I am vetoing this proviso because it unduly restricts the ability of the Chief to manage the State Patrol. It is also retroactive, and would reduce current salaries. Finally, it contravenes the existing statutory authority in RCW 43.43.020, which grants the Chief the authority to determine the compensation of her officers.
Section 207(2), pages 15-16 (Department of Licensing—Information Systems)
Section 207 (2) stipulates that if the driver's license fee increase contained in Engrossed Substitute House Bill No. 2730 is not enacted by June 30, 1998, the appropriations provided in this subsection lapse. Engrossed Substitute House Bill 2730 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate possible confusion about whether the Department of Licensing must work to implement the enumerated Business and Technology Assessment Project recommendations without the requisite funding.
Section 209, page 18, lines 1 through 2, (Department of Licensing—Driver Services)
This section reduces the state highway safety fund appropriation to the Department of Licensing. I am vetoing the supplemental appropriation in order to partially restore an inadvertent reduction that was subtracted twice. A recent court decision, regarding the limitations to the Governor's veto powers, dictates a budget level that is $2,503,000 less than the original appropriation. When the supplemental budget adjustments were calculated, this reduction occurred twice. The effect of this veto is to reinstate $868,000 in state highway safety funds to the department. A legislative adjustment of $1,635,000 will be required in the 1999 legislative session in order to fully restore the intended funding level for the department. The complete restoration of these funds will ensure that the department continues to maintain existing service levels and implements recently enacted legislation. Since the double count appears to have been an inadvertent error, I am requesting that the department make plans for the intended funding level for the remainder of the biennium in anticipation of a legislative adjustment in the 1999 session.
Section 209(3), page 18 (Department of Licensing—Driver Services)
Section 209(3) stipulates that the $117,000 highway safety account—state appropriation shall lapse if House Bill No. 3054 is not enacted by June 30, 1998. House Bill No. 3054 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate any possible confusion.
Section 209(4), page 18 (Department of Licensing—Driver Services)
Section 209(4) stipulates that the $80,000 highway safety account—state appropriation shall lapse if House Bill No. 2730 is not enacted by June 30, 1998. House Bill No.2730 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate any possible confusion.
Section 209(5), page 18 (Department of Licensing—Driver Services)
Section 209(5) stipulates that the $124,000 highway safety account—state appropriation shall lapse if Senate Bill No. 6591 is not enacted by June 30, 1998. Senate Bill No. 6591 was not passed by the Legislature; therefore, I have vetoed this subsection to eliminate any possible confusion.
Section 211(12), page 21-22 (Department of Transportation—Improvements—Program I)
Section 211(12) requires the Department of Transportation (DOT) to develop criteria for programming and prioritization of highway infrastructure projects that will contribute to economic development as required by RCW 47.05.051 (2). Additionally, this subsection provides that the DOT shall report the criteria to the Legislative Transportation Committee by December 1, 1998. I am vetoing this proviso because it is unnecessary. The DOT already factors economic development in the prioritization of projects in its improvement program. If the Legislature wishes to modify the prioritization scheme, they may amend RCW 47.05.051.
Section 211(13), page 22 (Department of Transportation—Improvements—Program I)
Section 211(13) prohibits the Department of Transportation (DOT) from contracting any of the preliminary engineering services funded by this act without prior approval of the Legislative Transportation Committee. I am vetoing this proviso because it infringes on DOT's ability to manage its construction program. By hampering the DOT's ability to contract preliminary engineering, program delivery may be thwarted. Additionally, a legislative committee should not be placed in the role of approving customary functions of an executive branch agency.
Section 212(3), page 23 (Department of Transportation—Transportation Economic Partnerships—Program K)
Section 212(3) provides $100,000 of the motor vehicle fund—state appropriation solely for the purpose of the program evaluation and audit of the Public Private Initiatives program required under RCW 47.46.030(2). Further, the subsection provides that the Legislative Transportation Committee (LTC) shall act as project manager and be responsible for hiring the consultants to conduct the evaluation and audit. I am vetoing this subsection because it contravenes RCW 47.46.030 (2), which charges the Department of Transportation (DOT) with the duty to conduct a program and fiscal audit of the Public-Private Initiatives Program. However, the statute provides that DOT shall consult with and submit progress reports to the LTC. DOT has agreed to proceed accordingly.
Section 214(4), page 25 (Department of Transportation—Preservation—Program P)
Section 214(4) requires the Transportation Commission to develop a comprehensive policy on tolls and to submit a report to the Legislative Transportation Committee and the Office of Financial Management by March 1, 1999. While this is a worthwhile and important subject, I believe it is more properly addressed as an option in the larger context of long-term transportation funding.
Section 214(5), page 25 (Department of Transportation—Preservation—Program P)
Section 214(5) requires the Department of Transportation to recommend a plan for accomplishing the preservation work on the Hood Canal Bridge, and the remainder of the twenty-year bridge system plan, under the constraints of current law revenues. Reliance on current revenues to fund major projects, like the Hood Canal Bridge, will preclude a substantial number of other necessary bridge preservation and highway improvement projects. Any review of the bridge system plan must have the flexibility to consider the need for new revenues.
Section 220(10), page 35 (Department of Transportation—Public Transportation and Rail)
Section 220(10) provides an additional $4 million Central Puget Sound Public Transportation Account - State appropriation for the Department of Transportation for activities related to the improvement of the King Street Station. The King Street Station redevelopment project was also submitted to the Transportation Improvement Board (TIB) for state funding from the same account. The project has subsequently been selected for state funding through the TIB prioritization process, making this appropriation unnecessary. Therefore, I am vetoing this subsection to eliminate any possible confusion.
Section 221(7), pages 37-38 (Department of Transportation—Local Programs—Program Z)
Section 221(7) provides for the preparation of a consolidation plan for the Transportation Improvement Board (TIB), County Road Administration Board (CRAB), and the Department of Transportation's TransAid Service Center. The 1998 Legislature did consider, but failed to enact, legislation that would have required this same consolidation plan. While I support efforts to streamline government, a more deliberative process that involves the key stakeholders and does not presuppose an outcome must be employed.
Section 301(4), pages 39-40 (Transportation Agencies Capital Facilities)
Section 301(4) requires the transportation agencies, the Department of General Administration, and the Office of Financial Management review, analyze, and report to the Legislative Transportation Committee (LTC) on the consolidation of Thurston County, state transportation agencies. I am vetoing this subsection because it mandates action by non-transportation agencies without providing the funding necessary to accomplish such a review. A more deliberative process that involves the key stakeholders, provides the necessary funding, and does not presuppose an outcome must be employed.
Section 402, lines 29 through 30, page 42 (State Treasurer—Bond Retirement and Interest, And Ongoing Bond Registration and Transfer Charges: For Bond Sale Expenses and Fiscal Agent Charges)
This item is an increase in the appropriation for the State Treasurer for bond sale expenses and fiscal agent charges. Because the supplemental expenditures in this budget are not supported by additional bond revenues, this increased appropriation is unnecessary.
Section 403, page 43
This section authorizes the State Treasurer to transfer any Transportation Improvement Board balances available in the Highway Bond Retirement Account into the Transportation Improvement Board Bond Retirement Account. To be operative, this section required passage of House Bill No. 2582. House Bill No. 2582 was not passed by the Legislature; therefore, I have vetoed this section to eliminate any possible confusion.
Section 501, page 45
This section directs agencies that spend transportation funds to submit their budget requests and supporting documents to the Office of Financial Management (OFM) and the Legislative Transportation Committee at the same time. All agency budget requests are public documents, and OFM routinely sends a copy of all budget requests to the Legislature for review soon after they are received, making this section unnecessary.
Section 502, page 45
Section 502 provides that in the 1999-01 biennium, the Department of Transportation's Public Transportation and Rail Program shall be divided into three separate programs—public transportation, rail-operating, and rail-capital. I am vetoing this section because it infringes on the ability of the department to organize and manage this program. The determination of this level of organizational structure should be left to the agency.
Section 507, page 48
Section 507 requires the Department of Transportation to use appropriations for Programs I and P in this act to fund projects identified in the Transportation Executive Management System (TEIS) and Legislative Budget Notes. I am vetoing this section because it circumvents the process established in RCW 47.05. Additionally, I do not support enacting TEIS or Legislative Budget Notes into law through reference.
Section 508, page 48
Section 508 repeals a section from the 1997 Transportation Budget that appropriates $10 million into reserve status for potential funding of the highway construction program should the federal transportation authorization act not be enacted by October 1, 1997. I am vetoing this section because I believe that this reserve is still appropriate as the successor to the Intermodal Surface Transportation Efficiency Act (ISTEA) has not yet been enacted, and Congress appears poised to act soon.
For these reasons, I have vetoed sections 202(6); 202(8), page 8, lines 20 through page 9, line 6; 203(13); 207(2); 209, page 18, lines 1 through 2; 209(3); 209(4); 209(5); 211(12); 211(13); 212(3); 214(4); 214(5); 220(10); 221(7); 301(4); 402, page 42, lines 29 through 30; 403; 501; 502; 507 and 508 of Engrossed Substitute Senate Bill No. 6456.
With the exception of sections 202(6); 202(8), page 8, lines 20 through page 9, line 6; 203(13); 207(2); 209, page 18, lines 1 through 2; 209(3); 209(4); 209(5); 211(12); 211(13); 212(3); 214(4); 214(5); 220(10); 221(7); 301(4); 402, page 42, lines 29 through 30; 403; 501; 502; 507 and 508, Engrossed Substitute Senate Bill No. 6456 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6470
April 3, 1998
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 8, Engrossed Substitute Senate Bill No. 6470 entitled:
"AN ACT Relating to the tax treatment of canned and custom software;"
Sections 1 through 7 of Engrossed Substitute Senate Bill No. 6470 specify that the sale of custom software is the provision of a service, as is the customization of canned software, and is taxable under the service classification of the business and occupation (B&O) tax.
Section 8 of this bill would provide a B&O tax credit for software businesses that have their principal place of business in a distressed county. However, the bill as written, would allow a qualifying software company with headquarters in a distressed county to also exempt from the B&O tax all its operations located in a non-distressed county. This could lead to a business establishing only a small office with few employees in the distressed county, defeating the purpose of the legislation. While Section 8 was intended to provide an innovative approach to rural economic development, this language results in a significant tax loophole that will not benefit the citizens of rural distressed counties.
I proposed several economic development packages for distressed counties in the 1998 legislative session, and I strongly agree with the concept presented in section 8 of this bill. However, section 8 of this bill would have unintended consequences. I would support a more finely crafted bill.
For these reasons, I have vetoed section 8 of Engrossed Substitute Senate Bill No. 6470.
With the exception of section 8, Engrossed Substitute Senate Bill No. 6470 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6509
April 1, 1998
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 4, Engrossed Second Substitute Senate Bill No. 6509 entitled:
"AN ACT Relating to training in reading instruction;"
Engrossed Second Substitute Senate Bill No. 6509 creates two separate reading improvement grant programs for the remainder of this biennium. First, the Washington Reading Corps will receive grants for volunteer tutoring and mentoring programs in elementary school reading; and second, grants will provide optional training and materials in reading strategies for kindergarten through second grade teachers.
I am very pleased that the Legislature chose to enact the Washington Reading Corps, which I proposed prior to the 1998 legislative session. I would have preferred a more expansive program, but this is a good start. Each legislator sought to improve our students' reading abilities and I am thankful that the mandates for certain reading strategies are no longer included in this measure. I am, however, disappointed that the Reading Resource Centers championed by Superintendent of Public Instruction Terry Bergeson are not a part of this legislation.
This act is temporary in nature, and section 3 would give it a title. Names should not be given to acts that are designed to last only a single biennium. Section 4 contains a "null and void clause" which is moot.
For these reasons, I have vetoed sections 3 and 4 of Engrossed Second Substitute Senate Bill No. 6509.
With the exception of sections 3 and 4, Engrossed Second Substitute Senate Bill No. 6509 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6533
April 3, 1998
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 2 and 3 of Engrossed Substitute Senate Bill No. 6533 entitled:
"AN ACT Relating to property tax exemptions and deferrals for senior citizens and persons retired for reasons of physical disability;"
In order to make property tax exemptions available to more of our senior citizens, Engrossed Substitute Senate Bill No. 6533 raises the income levels below which a senior's income must be to qualify for the exemption. Under the bill, if a senior's annual income is $18,000 or less, the senior is exempted from all excess levies and regular levies on the greater of $50,000 or 60% of assessed valuation. For seniors with annual income of $18,001 to $24,000, the exemption is from all excess levies and regular levies on the greater of $40,000 or 35% of assessed valuation. All seniors with annual income below $30,000 are exempted from all excess levies. The income limit to qualify for the property assessment freeze is raised from $28,000 to $30,000.
I strongly support these increases to help our senior citizens cope with rising property values. However, section 2 of the bill would allow health care insurance and veterans' military disability benefits to be deducted from the calculation of disposable income. This disability provision would create a special and preferred source of income since other disabled seniors would not qualify. It would also represent a precedent that others would likely seek in the future. Section 2 also would change the definition of residence to include land up to five acres, if local land use regulations require. Section 3 of the bill contained a technical change in the definition of residence required by the amendment in section 2.
For these reasons, I have vetoed sections 2 and 3 of Engrossed Substitute Senate Bill No. 6533.
With the exception of sections 2 and 3, Engrossed Substitute Senate Bill No. 6533 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SECOND SUBSTITUTE SENATE BILL NO. 6544
April 1, 1998
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 18, 19, 20 and 21, Second Substitute Senate Bill No. 6544 entitled:
"AN ACT Relating to improving long-term care;"
Second Substitute Senate Bill No. 6544 takes care of many issues dealing with adult family homes, boarding homes and long-term care, and, most importantly, transfers the oversight of boarding homes from the Department of Health to the Department of Social and Health Services. This is well-conceived and ambitious legislation, and will go far toward ensuring the safety and quality of care for residents of our adult family and boarding homes.
Sections 18, 19, 20, and 21 would specify when residents of boarding and adult family homes who become bedbound as the result of illness must be seen by a licensed practitioner, and define those practitioners and their duties. While I agree with the intentions of those sections, they would conflict with current patients' rights to refuse treatment and to maintain their preferred residences. Also, those sections are unclear as to provider and resident responsibilities when disagreements arise from such conflicts. Additionally, the impact on people's abilities to pay for additional service has not been analyzed. Before implementing changes in care requirements, additional comment needs to be sought from residents, families and all interested parties, as well as the joint task force created by this bill.
For these reasons, I have vetoed sections 18, 19, 20 and 21 of Second Substitute Senate Bill No. 6544.
With the exception of sections 18, 19, 20 and 21, Second Substitute Senate Bill No. 6544 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6560
April 2, 1998
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 9 and 12, Engrossed Substitute Senate Bill No. 6560 entitled:
"AN ACT Relating to retail electrical customers;"
Engrossed Substitute Senate Bill No. 6560 establishes certain protections for consumers of electricity. It also, in section 5, directs the Washington Utilities and Transportation Commission and the Department of Community, Trade and Economic Development to jointly study several important features of our current electric system and potential changes to our electric system.
Section 9 of the bill is technically flawed. That section would nullify the study required by section 5, unless the Legislature funds the study in the budget and specifically references section 5 by section number. The legislature did in fact fund the study in the budget, but referenced only the bill number, not the section number. I believe the Legislature intended to fund the study, and my veto of section 9 will achieve that goal.
Section 12 contains an emergency clause that would have given immediate effect to the bill. Certain provisions of the bill obligate utilities to provide new customers with a list of policies and procedures. The utilities need some time to prepare that information. Without section 12, the bill will take effect on June 11, 1998, which allows adequate preparation time.
For these reasons I have vetoed sections 9 and 12 of Engrossed Substitute Senate Bill No. 6560.
With the exception of sections 9 and 12, Engrossed Substitute Senate Bill No. 6560 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6562
April 3, 1998
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 16, Engrossed Second Substitute Senate Bill No. 6562 entitled:
"AN ACT Relating to relief of the equine industry by amending the parimutuel tax on horse racing to provide additional support for licensed racing associations, the state fair account, the state trade fair account and the Washington horse racing commission;"
The changes to the parimutuel tax contained in Engrossed Second Substitute Senate Bill No. 6562 were intended to provide a temporary solution to economic problems of the horse racing industry. Unfortunately the provisions of this legislation leave funding for state, county and trade fairs at risk. By reducing the parimutuel tax rate and redistributing tax revenues, Engrossed Second Substitute Senate Bill No. 6562 eliminates funding for the fairs in Fiscal Year 1999, and the 1999-01 Biennium.
In an effort to temporarily replace lost revenues to the fair funds, sections 906 and 907 of Engrossed Substitute Senate Bill No. 6108 (the Omnibus Appropriations Act), direct the Washington State Lottery to conduct two to four lottery games with agricultural themes per year in the 1997-99 Biennium and divert lottery proceeds to the State Fair Fund. I have vetoed sections 906 and 907 of Engrossed Substitute Senate Bill No. 108 because they place unrealistic requirements on the Washington State Lottery to develop new lottery games in a very short time period, and would divert lottery proceeds from the General Fund to replace parimutuel taxes. This would result in lowering the expenditure limit established by Initiative 601.
It is my intent that the funding for state, county and trade fairs be maintained. My actions related to Engrossed Second Substitute Senate Bill No. 6562 and Engrossed Substitute Senate Bill No. 6108 will not jeopardize funding for fairs in 1998, since annual distributions to support fairs are made in March of each year. Current fund balances in the state fair funds are sufficient to support all fairs through 1998. It is my intention to propose to the 1999 Legislature a special funding package which will permit the state to fulfill its obligations for ongoing fair funding by March of 1999.
Section 16 of Engrossed Second Substitute Senate Bill No. 6562 is the "null and void" clause which stipulates that if specific funding for the purposes of this act is not provided by June 30, 1998 in the omnibus appropriations act, Engrossed Second Substitute Senate Bill No. 6562 is null and void. I am vetoing this section in order to develop an adequate funding proposal to support the fairs for Fiscal Year 1999 and the 1999-01 Biennium. The funding proposal that is developed should seek to maintain the current level of support for fairs without affecting the Initiative 601 expenditure limit. State, county and trade fairs are important to hundreds of thousands of our citizens and I am committed to ensuring that adequate funding is available to support them.
For these reasons, I have vetoed section 16 of Engrossed Second Substitute Senate Bill 6562.
With the exception of section 16, Engrossed Second Substitute Senate Bill No. 6562 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SENATE BILL NO. 6628
March 27, 1998
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 2 and 3, Engrossed Senate Bill No. 6628 entitled:
"AN ACT Relating to the state-owned facilities component of the state-wide transportation plan and intercity passenger rail;"
Section 2 of Engrossed Senate Bill No. 6628 would require an in-depth modal trade-off analysis. Such an analysis is the type of research that we should ultimately seek in our state transportation plan. However, section 2 calls for a cutting-edge type of analysis. There is not sufficient research available to support that type of analysis at this time, and it is unrealistic to expect the Department of Transportation to accomplish such extensive work without any funding.
Section 3 of Engrossed Senate Bill No. 6628 would add additional requirements to the intercity passenger rail plan. While it would certainly be worthwhile for decision makers to have such information, the examination should be more modally comprehensive. That is, similar data should be gleaned for all modes to allow a more fair comparison. And again, without funding from the Legislature, the Department of Transportation cannot conduct such major work without being forced to neglect existing statutory requirements.
For these reasons, I have vetoed sections 2 and 3 of Engrossed Senate Bill No. 6628.
With the exception of sections 2 and 3, Engrossed Senate Bill No. 6628 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6655
April 3, 1998
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 and 19, Substitute Senate Bill No. 6655 entitled:
"AN ACT Relating to institutions of higher education;"
Substitute Senate Bill No. 6655 makes several important changes to statutes regarding higher education in the Spokane area. Many of its provisions enact recommendations developed by the Higher Education Coordinating (HEC) Board at my request. I commend the HEC Board for its comprehensive assessment performed on short notice, and I commend the Legislature for its enactment of many of the HEC Board's recommendations.
Substitute Senate Bill No. 6655 dissolves the Spokane Joint Center for Higher Education (the "Joint Center") and transfers the majority of its duties and real estate and other assets to Washington State University (WSU). WSU is required to develop a plan for the management of the Joint Center's Riverpoint Park facility, and a new mission statement and operations plan for its Spokane branch campus.
Under Substitute Senate Bill No. 6655, the Spokane Intercollegiate Research and Technology Institute (SIRTI) will no longer be under the authority of the Joint Center. It will be separately established with its own board of directors and more clearly affiliated with the economic development efforts of the Department of Community, Trade and Economic Development.
The bill also requires the HEC Board to manage an assessment of current and future higher education capital and programmatic needs in Spokane, and also an economic assessment of the Spokane area addressing job expansion, technology-based high wage job development, and basic and applied research needs.
Substitute Senate Bill No. 6655 requires Eastern Washington University (EWU) to develop a new mission statement and operations plan for comprehensive higher education based in Cheney. In addition, the value and role of EWU in Spokane is recognized along with the overriding values of collaboration and coordination among the various public and private higher education institutions in the Spokane area.
Section 6 of Substitute Senate Bill No. 6655 would replicate ambiguous language in other sections of law regarding service delivery control and responsibility for branch campuses. It would not recognize the unique situation in Spokane where two public universities each have a major presence. Section 6 would confuse the roles, opportunity and value offered by EWU and other institutions in the Spokane area. It would leave open an interpretation that these institutions would be excluded from participating in higher education offered at Spokane, which was not the intent of the HEC Board's recommendations. Section 19 establishes an effective date for section 6, and is unnecessary after my veto of section 6.
For these reasons, I have vetoed sections 6 and 19 of Substitute Senate Bill No. 6655.
With the exception of sections 6 and 19, Substitute Senate Bill No. 6655 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Betti Sheldon, the Messages from the Secretary of State regarding the bills that the Governor vetoed and partially vetoed in the 1998 Session were held on the desk.
MOTION
At 1:45 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Tuesday, January 12, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate