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EIGHTY-NINTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, April 9, 1999
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio, Fairley, Finkbeiner, Gardner, McDonald and Sellar. On motion of Senator Honeyford, Senator Finkbeiner was excused. On motion of Senator Franklin, Senators Fairley and Gardner were excused.
The Sergeant at Arms Color Guard consisting of Pages Todd Penman and Justin Garland, presented the Colors. Reverend Joan Anthony, pastor of St. Benedict's Episcopal Church of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Honeyford, the following resolution was adopted:
SENATE RESOLUTION 1999-8645
By Senators Honeyford, Morton, Sheahan, Hale, McCaslin, Swecker, Stevens, Deccio, Hochstatter, Rasmussen and Fraser
WHEREAS, The Outlook Grange was the first grange in the Yakima Valley, formed in 1908, to bring farmers together to talk politics, market prices, and agriculture; and
WHEREAS, Over the years, members of Outlook Grange have raised money for local community service projects through their annual grange dinner and by selling cheeseburgers and hot dogs at the Central Washington State Fair; and
WHEREAS, In 1952, the grange helped Yakima Fire District No. 5 build a fire hall for a truck to protect nearby orchards, dairies, and farms; and
WHEREAS, The grange contributes to the local political framework by hosting candidates' nights during election season and informing its members of legislative action through state grange newsletters and legislative updates; and
WHEREAS, The Outlook Grange promotes children's literacy through sponsorship of a children's reading program at Outlook Elementary School; and
WHEREAS, Grange members hold a yearly auction and donate proceeds to the Sunnyside Special Olympics; and
WHEREAS, The families, farmers, and community members in the Yakima Valley admire Outlook Grange No. 256 for its long-time commitment to unity, liberty, and charity;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the men and women of the Outlook Grange No. 256 for their charitable giving, their nonpartisan political action, and their solid contributions to the Yakima Valley as they celebrate their ninetieth anniversary as an active local grange.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Outlook Grange No. 256, who were seated in the gallery.
MOTION
On motion of Senator Spanel, the following resolution was adopted:
SENATE RESOLUTION 1999-8661
By Senators Spanel, Haugen and Fraser
WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and
WHEREAS, Every April, the tulips are in bloom, celebrating the beginning of spring; and
WHEREAS, The Skagit Valley Tulip Festival begins the festival season in Washington State; and
WHEREAS, This year's sixteenth annual event will run from April 2nd through April 18th, focusing on the communities of Sedro Woolley, Burlington, Anacortes, La Conner, Mount Vernon, and Concrete; and
WHEREAS, Jeremy Timmer and Katie Rindal were chosen as this year's Skagit Valley Tulip Festival Ambassadors; and
WHEREAS, Nearly half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event, and contributing to the economy of the Skagit Valley; and
WHEREAS, This year's visitors will be greeted by more than one thousand five hundred acres of tulips reflecting all the colors of the rainbow, by the fullness of life in the valley, and its wonderful people; and
WHEREAS, This year's "Skagit Valley Tulip Festival" will be featured at the Canadian Tulip Festival in Ottawa, Ontario; and
WHEREAS, Highlights of the event include the Kiwanis Annual Salmon Barbeque, the Tulip Pedal Bike Ride, the Tulip 10k Slug Run/Walk, the Downtown Mount Vernon Street Fair, and much more;
NOW, THEREFORE, BE IT RESOLVED, That the Senate salute the six communities of the Skagit Valley, their Chambers of Commerce, Skagit Valley Tulip Festival Ambassadors, and the Tulip Festival Committee for their Skagit Valley Tulip Festival; and
BE IT FURTHER RESOLVED, That the Senate commend the community leaders and corporate sponsors for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular display; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Audrey Smith, Tulip Festival Executive Director, and Jeremy Timmer and Katie Rindal, Skagit Valley Tulip Festival Ambassadors.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Jeremy Timmer and Katie Rindal, the Skagit Valley Tulip Festival Ambassadors, who were seated on the rostrum. Each of the young ambassadors presented tulips to the President.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9127, W. Elizabeth Huang, as a member of the Small Business Export Finance Assistance Center Board of Directors, was confirmed.
Senators Prentice and Shin spoke to the confirmation of W. Elizabeth Huang as a member of the Small Business Export Finance Center Board of Directors.
APPOINTMENT OF W. ELIZABETH HUANG
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senators Deccio, McDonald and Sellar - 3.
Excused: Senators Fairley, Finkbeiner and Gardner - 3.
MOTION
On motion of Senator Franklin, Senators Loveland and Thibaudeau were excused.
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9106, Juan Cotto, as a member of the Human Rights Commission, was confirmed.
Senators Prentice and Kline spoke to the confirmation of Juan Cotto as a member of the Human Rights Commission.
APPOINTMENT OF JUAN COTTO
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Sellar - 1.
Excused: Senators Finkbeiner, Loveland and Thibaudeau - 3.
MOTION
On motion of Senator Honeyford, Senator Sellar was excused.
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9128, Walter T. Hubbard, as a member of the Personnel Appeals Board, was confirmed.
APPOINTMENT OF WALTER T. HUBBARD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senator Hargrove - 1.
Excused: Senators Finkbeiner, Loveland, Sellar and Thibaudeau - 4.
MOTIONS
On motion of Senator Hale, Senator McCaslin was excused.
On motion of Senator Honeyford, Senator Rossi was excused.
MOTION
On motion of Senator Franklin, Senator Bauer was excused.
MOTION
On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9144, Alan O. Link, as a member of the State Board for Community and Technical Colleges, was confirmed.
APPOINTMENT OF ALAN O. LINK
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 42.
Absent: Senators Deccio and Zarelli - 2.
Excused: Senators Bauer, Loveland, McCaslin, Rossi and Sellar - 5.
MOTION
On motion of Senator Kline, Gubernatorial Appointment No. 9156, Greg Nickels, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF GREG NICKELS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senator Hargrove - 1.
Excused: Senators Bauer, Loveland, Rossi and Sellar - 4.
MOTION
On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9172, Sharron Sellers, as a member of the Board of Pharmacy, was confirmed.
APPOINTMENT OF SHARRON SELLERS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.
Absent: Senator West - 1.
Excused: Senators Bauer, Rossi and Sellar - 3.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1181, by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Edwards, Romero, Radcliff, Scott, DeBolt, Cooper, Lovick, Hurst, Fisher, Kessler, Dickerson, O'Brien, Cody, Kenney, Ogden, Wood, Santos, Regala, Conway, Lantz, Rockefeller, McIntire and Stensen)
Changing provisions relating to penalties and treatment for crimes involving domestic violence.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 1181 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1181.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1181 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 43.
Voting nay: Senators Hochstatter and Zarelli - 2.
Absent: Senator West - 1.
Excused: Senators Bauer, Rossi and Sellar - 3.
SUBSTITUTE HOUSE BILL NO. 1181, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1199, by Representatives Lantz, Constantine, Sheahan and Carrell
Defining the jurisdiction of civil antiharassment actions.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, House Bill No. 1199 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1199.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1199 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
HOUSE BILL NO. 1199, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2205, by Representatives McDonald, Lovick, Carrell, Constantine and Haigh
Providing conditions for waiver of the requirement for a mandatory appearance following arrest for DUI.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, House Bill No. 2205 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2205.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2205 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
HOUSE BILL NO. 2205, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1547, by House Committee on Local Government (originally sponsored by Representatives Mitchell, Lantz, Thomas, Dunshee, Campbell, Sullivan, Bush, Kastama, Conway, Scott, Regala, Miloscia, Fisher, McDonald and Huff)
Authorizing a sales and use tax for zoo and aquarium purposes.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Engrossed Substitute House Bill No. 1547 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Wojahn: “Senator Patterson, although Section 1 of the bill states that the local sales and use tax may be set at a rate of 'no more than one-tenth of one percent,' I understand that the Department of Revenue cannot collect a local tax of this kind in an increment of less than one-tenth of one percent. Is that correct?”
Senator Patterson: “I understand that you are correct, Senator Wojahn, and that the local tax, if approved by the voters of Pierce County, would be set at the rate of one-tenth of one percent.”
Senator Wojahn: “Thank you very much.”
Further debate ensued.
POINT OF INQUIRY
Senator Roach: “Senator Patterson, I am not on the committee that reviewed this particular piece of legislation and so on the bill report, it says, 'Continued funding for these facilities from existing sources of revenue is questionable.' Obviously, that would be the reason for coming forth with the bill. Can you tell me what the existing sources currently are?”
Senator Patterson: “I hope I am correct here. Senator Wojahn will correct me if I'm not. I believe the existing sources are solely the voters that reside within the Tacoma City limits.”
REMARKS BY SENATOR WOJAHN
Senator Wojahn: “To further clarify that, as you know, Northwest Trek is located in the perimeters of Pierce County, not within the city of Tacoma, Senator Roach. Consequently, the county is benefitting--the whole region is benefitting from the voters of the city of Tacoma. It seemed only appropriate to expand that tax base to provide that the county of Pierce supply a portion of the support for the zoo. The zoo is located in the city and Northwest Trek is located outside the city. Thank you.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1547.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1547 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 42.
Voting nay: Senators Benton, Honeyford, Johnson, Sheahan, Stevens and Zarelli - 6.
Absent: Senator Swecker - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1547, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Haugen was excused.
SECOND READING
HOUSE BILL NO. 1413, by Representatives McMorris, Romero, Dunshee, Campbell, Haigh, D. Schmidt, Miloscia and Lambert) (by request of Washington Citizens' Commission on Salaries for Elected Officials)
Staggering the terms of the members of the Washington citizens' commission on salaries for elected officials.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1413 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1413.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1413 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Haugen - 1.
HOUSE BILL NO. 1413, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1133, by House Committee on State Government (originally sponsored by Representatives Bush, Ogden, Talcott, Buck, D. Schmidt, DeBolt, McDonald, Sump, Parlette, Lambert, Clements, Romero, Cairnes, Quall, G. Chandler, H. Sommers, Mielke, Koster, O'Brien, Sullivan, Thomas, Barlean, Campbell, Dunn, Mulliken, Alexander and Esser)
Maintaining voter registration lists.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1133 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1133.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1133 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Absent: Senator Deccio - 1.
SUBSTITUTE HOUSE BILL NO. 1133, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1827, by Representatives D. Schmidt, Romero and McMorris
Concerning printing contracts entered into by state agencies.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1827 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
MOTION
On motion of Senator Morton, Senator Deccio was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1827.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1827 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senators McCaslin, McDonald and Morton - 3.
Excused: Senators Deccio and Loveland - 2.
HOUSE BILL NO. 1827, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1893, by House Committee on Appropriations (originally sponsored by Representatives Doumit, Mulliken, Scott, Linville and Hatfield)
Streamlining state and local permit issuance.
The bill was read the second time.
MOTION
Senator Fraser moved that the following Committee on Environmental Quality and Water Resources striking amendment be adopted:Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that facilitating the environmental permit process will increase citizen satisfaction and compliance with state and local permit requirements. Lack of coordination in the processing of permit applications causes costly delays and frustration to the applicant and the public. The public deserves a clear, predictable system for land-use decisions that ensures an adequate opportunity for public participation and comment. The legislature also finds that permit processes can be improved by enabling and requiring state and local permit agencies to coordinate their permit processes to the greatest extent possible.
Sec. 2. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:
The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:
(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.
(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.
(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.
(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.
(7) Permits. ((Applications for both)) State and local government permit((s)) agencies should ((be processed)) coordinate and process permits in a timely and fair manner to ensure predictability for applicants.
(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.
(9) Open space and recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.
(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.
(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.
(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.
(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.
Sec. 3. RCW 58.17.095 and 1986 c 233 s 1 are each amended to read as follows:
(1) A county, city, or town may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing ((by adopting an ordinance providing for such administrative review)). The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing. ((The administrative review process shall include the))
(2) If the county, city, or town has not adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it shall conduct administrative review of preliminary plats consistent with the following minimum conditions:
(((1))) (a) The notice requirements of RCW 58.17.090 shall be followed, except that the publication shall be made within ten days of the filing of the application. Additionally, at least ten days after the filing of the application notice both shall be: (((a))) (i) Posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal; and (((b))) (ii) mailed to the owner of each lot or parcel of property located within at least three hundred feet of the site. The applicant shall provide the county, city, or town with a list of such property owners and their addresses. The notice shall include notification that no public hearing will be held on the application, except as provided by this section. The notice shall set out the procedures and time limitations for persons to require a public hearing and make comments.
(((2))) (b) Any person shall have a period of twenty days from the date of the notice to comment upon the proposed preliminary plat. All comments received shall be provided to the applicant. The applicant has seven days from receipt of the comments to respond thereto.
(((3))) (c) A public hearing on the proposed subdivision shall be held if any person files a request for a hearing with the county, city, or town within twenty-one days of the publishing of such notice. If such a hearing is requested, notice requirements for the public hearing shall be in conformance with RCW 58.17.090, and the ninety-day period for approval or disapproval of the proposed subdivision provided for in RCW 58.17.140 shall commence with the date of the filing of the request for a public hearing. Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance.
(((4))) (d) On its own initiative within twenty-one days of the filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the county, city, or town, shall be authorized to cause a public hearing to be held on the proposed subdivision within ninety days of the filing of the request for the subdivision.
(((5))) (e) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100.
(3) If the county, city, or town has adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it may conduct administrative review of preliminary plats consistent with its procedures and time frames. At a minimum, local permitting procedures and time frames related to administrative review of preliminary plats shall provide for:
(a) Notice of application by publication, posting, and mailing. All forms of notice shall include a prominent statement that no public hearing will be held on the application, except as provided by this section. All forms of notice shall clearly state procedures and time frames for persons to make comments on the proposal and request a public hearing.
(b) Written comments on the application by any person. Comments received shall be provided to the applicant, and the applicant shall be provided seven days from receipt of the comments to respond thereto.
(c) A public hearing on the application if any person files a request for a hearing within the time frame specified. If a hearing is requested, notice requirements for the public hearing and the time frame for approval or disapproval of the application shall be consistent with other local permitting procedures. Any hearing conducted under this subsection shall be conducted by the planning commission or hearing officer as required by local ordinance.
(d) A public hearing on the application if the legislative or executive branch of the county, city, or town so requests within the time frame specified.
(e) Expedited agency review and transmittal of its recommendation on the application to the legislative body of the county, city, or town, if there is no request for public hearing.
Sec. 4. RCW 90.60.010 and 1995 c 347 s 601 are each amended to read as follows:
The legislature hereby finds and declares:
(1) Washington's environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment. The single-purpose programs instituted to achieve these standards have been successful in many respects, and have produced significant gains in protecting Washington's environment in the face of substantial population growth.
(2) Continued progress to achieve the environmental standards in the face of continued population growth will require greater coordination between the single-purpose environmental programs and more efficient operation of these programs overall. Pollution must be prevented and controlled and not simply transferred to another media or another place. This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs.
(3) As the number of environmental laws and regulations have grown in Washington, so have the number of permits required of business and government. This regulatory burden has significantly added to the cost and time needed to obtain essential permits in Washington. The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal permits.
(4) The purpose of this chapter is to institute new, efficient procedures that will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment.
(5) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication. It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the coordinating permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other.
(6) It is necessary, to the maximum extent practicable, that the procedures established in this chapter ensure that the coordinated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively.
(7) It is necessary to provide a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that apply to any given proposal.
(8) It is the intent of this chapter to provide an optional process by which a project proponent may obtain active coordination of all applicable regulatory and land-use permitting procedures. This process is not to replace individual laws, or diminish the substantive decision-making role of individual jurisdictions. Rather it is to provide predictability, administrative consolidation, and, where possible, consolidation of appeal processes.
(9) It is also the intent of this chapter ((to provide)) that by providing an optional coordinated permit process, measures are taken by the parties that promote the public's trust and confidence in the underlying permit process, including providing consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.
Sec. 5. RCW 90.60.020 and 1995 c 347 s 602 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Center" means the permit assistance center established in the ((commission [department])) department by RCW 90.60.030.
(2) "Coordinating permit agency" means the permit agency that has the greatest overall jurisdiction over a project.
(3) "Department" means the department of ecology.
(4) "Local government" means counties, cities, and towns.
(5) "Participating permit agency" means a permit agency, other than the coordinating permit agency, that is responsible for the issuance of a permit for a project.
(((5))) (6) "Parties" collectively means the coordinating permit agency, permit agency, and participating permit agency.
(7) "Permit" means any license, certificate, registration, permit, or other form of authorization required by a permit agency to engage in a particular activity.
(((6))) (8) "Permit agency" means:
(a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and
(b) Any other state or federal agency or county, city, or town that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.
(((7))) (9) "Project" means an activity, the conduct of which requires permits from one or more permit agencies.
(10) "Small project" means a project for which the applicants do not enter into a cost reimbursement agreement as authorized by RCW 90.60.100, and the project:
(a) Will require fewer than five permits from the state permit agencies;
(b) Will employ fewer than twenty-five persons; or
(c) Estimates a completed assessed value of less than five hundred thousand dollars.
(11) "Use authorization" means a lease, material purchase, easement, permit, or other document authorizing use of state-owned aquatic lands, materials, or both.
Sec. 6. RCW 90.60.030 and 1997 c 429 s 35 are each amended to read as follows:
(1) The permit assistance center is established within the department. The center shall:
(((1))) (a) Publish and keep current one or more handbooks containing lists and explanations of all permit laws. To the extent possible, the handbook shall include relevant local, state, federal, and tribal laws. A state agency or local government shall provide a reasonable number of copies of application forms, statutes, ordinances, rules, handbooks, and other informational material requested by the center and shall otherwise fully cooperate with the center. The center shall seek the cooperation of relevant federal agencies and tribal governments;
(((2))) (b) Establish, and make known, a point of contact for distribution of the handbook and advice to the public as to its interpretation in any given case;
(((3))) (c) Work closely and cooperatively with the business license center in providing efficient and nonduplicative service to the public;
(((4))) (d) Seek the assignment of employees from the permit agencies ((listed under RCW 90.60.020(6)(a))) as defined in this chapter to serve on a rotating basis in staffing the center;
(((5))) (e) Collect and disseminate information to public and private entities on federal, state, local, and tribal government programs that rely on private professional expertise to assist governmental agencies in project permit review; and
(((6))) (f) Provide ((an annual)) a biennial report to the legislature ((on potential conflicts and perceived inconsistencies among existing statutes. The first report shall be submitted to the appropriate standing committees of the house of representatives and senate by December 1, 1996.)) that includes:
(i) Statutory and other recommendations for streamlining and coordinating environmental permitting in Washington;
(ii) Summarizes the results of the center's efforts to measure performance and outcomes over time;
(iii) Summarizes, evaluates, and makes statutory and other recommendations for improving the center's and permitting agencies' efforts to provide public notice efficiently and for promoting effective public participation in permitting processes;
(iv) Details efforts on the part of the center, the department, and the parties to promote the public's trust and confidence in the permitting process. Examples of such efforts include, but are not limited to, the development of statutory and other policies and procedures, guidance, roles, and responsibilities; and
(v) Shows revenues generated by the center's services, and the center's budget and expenditures.
(2) The department shall prioritize the expenditure of general fund moneys allotted to the center to provide a set of services to the applicants of small projects.
NEW SECTION. Sec. 7. A new section is added to chapter 90.60 RCW to read as follows:
The department is encouraged to establish permit assistance center offices at department regional and field offices to provide better access to the center's services in all areas of the state. Staffing for the regional permit assistance centers may be provided with funding from the state general fund and funds from other sources.
Sec. 8. RCW 90.60.100 and 1995 c 347 s 610 are each amended to read as follows:
(1) The ((coordinating permit agency)) parties may enter into a written cost-reimbursement agreement with the applicant to recover from the applicant the reasonable costs incurred by the ((coordinating permit agency)) parties in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.
(2) The ((coordinating permit agency may recover only the costs of performing those coordinated permit services and)) written cost-reimbursement agreement shall be negotiated with the permit applicant ((in)) following the meeting required pursuant to RCW 90.60.070. Permit agencies may assign work to current staff, temporary staff, or technical consultants in order to carry out the work covered by the written cost-reimbursement agreement or the work remaining for the permit agency as a result of the coordinated permit process. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.
NEW SECTION. Sec. 9. A new section is added to chapter 90.60 RCW to read as follows:
(1) In collaboration with local governments and state agencies the permit assistance center shall conduct a feasibility study of what might be necessary to establish an integrated permit process. In its conduct of the study, the permit assistance center may appoint technical advisory committees to advise the center and participating agencies. Meetings of the permit assistance center, state agencies, and local governments relating to this study shall be open to the public. The permit assistance center shall solicit comment from interested stakeholders. The comments received and the responses to them shall be summarized as part of the final report.
(2) The study shall consider:
(a) The role of preapplication conferences that would involve the applicant and the permit agencies;
(b) The characteristics of a complete project application;
(c) Coordination of permitting and integration of processes;
(d) Provisions for negotiations for cost reimbursement agreements for permitting agencies;
(e) The types of permits that might be considered for inclusion in an integrated process;
(f) The potential for coordination of local appeals and state appeals;
(g) The potential for an integrated decision; and
(h) The potential for positive outcomes on performance measures identified in RCW 90.60.030.
(3) By December 1, 1999, the permit assistance center shall submit a report to the legislature on this study.
NEW SECTION. Sec. 10. A new section is added to chapter 90.60 RCW to read as follows:
(1) It is the intent of this chapter to provide an interagency forum for the discussion of significant issues related to the permitting processes and use authorizations for projects that are proposed on state-owned aquatic lands where there are multiple permits, programs, and legal authorities involved.
(2) It is a goal of this chapter to encourage all agencies and local governments involved in issuing permits or granting use authorizations for a single project on state-owned aquatic lands to communicate with each other on a timely basis and early in the project review process in order to maximize coordination, facilitate problem resolution, promote the effectiveness of permit decisions, and enhance citizen understanding and involvement in the permit process. It is also a goal of this chapter that all permitting or authorizing federal and state agencies, local governments, and tribal governments be involved in coordinating their respective roles related to permits or authorizations from the outset of any review process. Tribes with fisheries interests in the project area shall also be invited to participate.
(3) For the purposes of this section, "aquatic lands" means as it is defined in RCW 79.90.010.
NEW SECTION. Sec. 11. A new section is added to chapter 90.60 RCW to read as follows:
(1) The applicant, a local government, or the state agency with the greatest overall jurisdiction for a project may submit a joint aquatic resource permit application to the permit assistance center if a project proposed for the use of state-owned aquatic lands requires:
(a) A hydraulic project approval under chapter 75.20 RCW;
(b) A wastewater discharge permit under chapter 90.48 RCW, or a federal clean water act section 401 certification; and
(c) A substantial development permit under chapter 90.58 RCW.
(2) If the local government or state agency with the greatest overall jurisdiction is uncertain about whether all of the permits identified under subsection (1) of this section are required, it shall submit the completed form to the permit assistance center and allow the center to determine which permits are required.
(3) The permit assistance center shall facilitate a project scoping meeting including the project applicant, the department of natural resources, the department of ecology, the department of fish and wildlife, and the local governments in whose jurisdiction the project is proposed. Federal agencies and tribal governments that either issue or may require a permit, or that may require a use authorization for the project or have fishery resources that might be affected by the project, shall each be invited to name a representative to participate in the coordinated permit review process for proposed projects on state-owned aquatic lands. All participating agencies are encouraged to remain in communication for purposes of coordination throughout the permit review processes until final permit decisions are made.
(4) The purpose of the scoping meeting is to share perspectives and identify the issues and information needs of concern to each participant with regard to the proposed project, and jointly develop a strategy for coordinating permitting and issuance of use authorization issues. This project scoping process shall be concluded within sixty days of the date of receipt of the joint aquatic resource permit application by the permit assistance center.
(a) During this review, the participating agencies shall identify:
(i) The specific information needs and issues of concern and their significance to each participant with regard to the permitting processes involved;
(ii) Any statutory or regulatory conflicts that might arise relating to differing legal authorities and roles of the agencies issuing the permit or use authorization of the project;
(iii) Any state or local jurisdiction or private sector liability that might result from permitting or issuing a use authorization for the project; and
(iv) Any natural resources, including federal or state listed species, that might be adversely affected by the permitting or authorizing decision.
(b) Following this project scoping review, the outcome shall be documented in written form and furnished to the applicant, and be available to the public.
(c) Upon completion of this review, the permitting and authorizing agencies and governments shall proceed according to their respective statutes. Nothing in this section may prevent the parties from reconvening later in the course of the permitting or use authorization process.
NEW SECTION. Sec. 12. A new section is added to chapter 75.20 RCW to read as follows:
(1) The department shall conduct a study of the hydraulic permit program to assess the adequacy and effectiveness of the program to meet the requirements of the federal endangered species act and in providing an efficient and predictable permitting process for the public while maintaining the department's oversight of the state-wide interest in fish habitat. The study shall evaluate the potential effects of authorizing a local government to issue, enforce site-specific permits, or both, and recommend changes to the program to comply with the requirements of the federal endangered species act. The department shall provide an interim report to the legislature by January 15, 2000, and a final report on the results of the study to the legislature by December 1, 2000.
(2) The legislature encourages the department to review its hydraulic project approval program to determine the extent to which the program meets the requirements of the federal endangered species act, and to seek approval of the program under the federal endangered species act.
(3) The department shall report to the legislature on January 1, 2000, and January 1, 2001, on the status of any program submitted for review to federal agencies implementing the federal endangered species act.
NEW SECTION. Sec. 13. A new section is added to chapter 47.01 RCW to read as follows:
The legislature recognizes that the department is restructuring its transportation construction and maintenance programs in order to meet the requirements of the federal endangered species act, and intends to seek approval of these programs under the federal endangered species act. The legislature further recognizes that local government transportation construction and maintenance programs might benefit from approval of the department's program under the federal endangered species act. The department shall collaborate with local government in developing its strategy for compliance with the federal endangered species act for its transportation construction and maintenance programs.
The department shall report to the legislature on January 1, 2000, and January 1, 2001, on the status of any program submitted for review to federal agencies implementing the federal endangered species act.
Sec. 14. RCW 90.58.080 and 1995 c 347 s 305 are each amended to read as follows:
(1) Local governments shall develop or amend((, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060,)) a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department. Except as provided in subsection (2) of this section, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060.
(2) Consistent with the priority salmon recovery regions and WRIA's map, as defined in the state-wide strategy to recover salmon volume 1, page V.95, and population growth data provided by the office of financial management, the following master program development or amendment schedule applies for guidelines adopted by the department before December 31, 2000:
(a) For King, Snohomish, Pierce, Clark, and Kitsap counties and the cities and towns therein with shorelines of the state, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within thirty-six months after the adoption of guidelines as provided in RCW 90.58.060;
(b) For Thurston, Whatcom, Benton, Yakima, Skagit, Cowlitz, Clallam, Chelan, Mason, Lewis, Jefferson, and Okanogan counties and the cities and towns therein with shorelines of the state, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within forty-eight months after the adoption of guidelines as provided in RCW 90.58.060;
(c) For all other counties, cities, and towns with shorelines of the state, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within sixty months after the adoption of guidelines amendments as provided in RCW 90.58.060.
(3) Local governments failing to meet the schedule provided in subsection (2) of this section shall not be eligible for grant moneys from the department pursuant to implementation of this section.
NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:
(1) RCW 43.131.387 (Permit assistance center--Termination) and 1995 c 347 s 617; and
(2) RCW 43.131.388 (Permit assistance center--Repeal) and 1995 c 347 s 618.
NEW SECTION. Sec. 16. Section 15 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 29, 1999."
MOTION
Senator Benton moved that the following amendments by Senators Benton, Morton, Tim Sheldon and Shin to the Committee on Environmental Quality and Water Resources striking amendment be considered simultaneously and be adopted:
On page 13, after line 2 of the amendment, insert the following:
"Sec. 13. RCW 75.20.100 and 1998 c 190 s 87 are each amended to read as follows:
(1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld.
(2)(a) Except as provided in RCW 75.20.1001, the department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section.
(b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life.
(c) The forty-five day requirement shall be suspended if:
(i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;
(ii) The site is physically inaccessible for inspection; or
(iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.
(d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (5)(b) of this section are not met.
(3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance.
(b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
(c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
(d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists.
(4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life based on sound science and applicable documentation. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent.
(5)(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation.
(b) For purposes of this section and RCW 75.20.103, "emergency" means an immediate threat to life, the public, property, or of environmental degradation.
(c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection.
(6) The department shall, at the request of a county, develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.
(7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.
A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.
(8) For the purposes of this section and RCW 75.20.103, "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.
(9) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.
This section does not apply to small scale prospecting and mining activities, which are governed by section 14 of this act.
NEW SECTION. Sec. 14. A new section is added to chapter 75.20 RCW to read as follows:
(1) Small scale prospecting and mining is exempt from the provisions of this chapter, provided that aggregate containing fish eggs or fry are not collected or processed at any time.
(2) Small scale prospecting and mining may take place landward of the ordinary high water mark of any stream at any time of the year, if such activity does not require an approved plan of operation on public lands provided for in 43 C.F.R. Sec. 3830 through 3850 or 36 C.F.R. Sec. 228 subpart A as they existed on the effective date of this section.
(3) For the purposes of this chapter, "small scale prospecting and mining" means the use of methods such as pans, sluice boxes, concentrators, and minirocker boxes for the discovery and recovery of minerals at or below the ordinary high water mark."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 14, after line 22 of the amendment, strike all of section 16 and insert the following:
"NEW SECTION. Sec. 16. Sections 13, 14, and 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. Sections 13 and 14 of this act take effect immediately and section 15 of this act takes effect June 29, 1999."
Debate ensued
The President declared the question before the Senate to be the adoption of the amendments by Senators Benton, Morton, Tim Sheldon and Shin on page 13, after line 2, and page 14, after line 22, to the Committee on Environmental Quality and Water Resources striking amendment to Engrossed Second Substitute House Bill No. 1893.
The motion by Senator Benton carried and amendments to the committee striking amendment were adopted on a rising vote.
MOTION
.
Senator Fraser moved that the following amendment by Senators Fraser and Morton to the Committee on Environmental Quality and Water Resources striking amendment be adopted:
On page 14, after line 22, insert the following:
"NEW SECTION. Sec. 16. Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Benton on page 14, after line 22, to the Committee on Environmental Quality and Water Resources striking amendment to Engrossed Second Substitute House Bill No. 1893.
The motion by Senator Fraser carried and the amendment to the committee striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Environmental Quality and Water Resources striking amendment to Engrossed Second Substitute House Bill No. 1893, as amended.
The committee amendment, as amended, was adopted.
MOTION
On motion of Senator Fraser, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "issuance;" strike the remainder of the title and insert "amending RCW 36.70A.020, 58.17.095, 90.60.010, 90.60.020, 90.60.030, 90.60.100, and 90.58.080; adding new sections to chapter 90.60 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 47.01 RCW; creating a new section; repealing RCW 43.131.387 and 43.131.388; providing an effective date; and declaring an emergency."
On page 14, line 32 of the title amendment, after "90.60.100," insert "75.20.100," and beginning on line 33 of the title amendment, after "90.60 RCW;" strike "adding a new section to chapter 75.20 RCW;" and insert "adding new sections to chapter 75.20 RCW;"
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Second Substitute House Bill No. 1893, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1893, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1893, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Voting nay: Senator Honeyford - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1893, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Deccio: “I rise to a point of personal privilege, Mr. President. Yesterday, in my response to Senator Snyder's question as to my age, the answer I gave was offensive and violated the standards you have set to maintain the dignity and decorum of this body. Today, I would like to apologize to Senator Snyder, whom I greatly respect. Overnight, I thought about this and imagined what my response would have generated if we were in the French or Italian Parliament. Senator Snyder and I would have come to blows, so today I would like to respond to his question as to my age as though this were the British Parliament.
“So here goes, in response to the learned honorable majority leader, I do not believe that the divulging of information pertaining to my longevity will greatly enhance your already outstanding ability as majority leader. There is no prospect that this information would inure to the benefit of our illustrious and talented president of this august body. Such information will provide no assistance to the honorable, gentle lady from the great city of Pasco to negotiate the budget with the inexperienced and under-talented members of the other body. This great knowledge would not benefit the members of this great body. Further, I believe that my response would not benefit the honorable Senators from the Fourth, Thirty-seventh, and Forty-seventh districts to enable them to grow additional cranial cover.
“Therefore, to the honorable majority leader, my response is no response. However, if this lack of knowledge concerning my longevity is causing great consternation and discomfort to the honorable majority leader, my response would be a quote from the late, great and talented French violinist Jaque Bene, 'I'm thirty-nine.'”
Debate ensued.
SECOND READING
ENGROSSED HOUSE BILL NO. 1894, by Representative Conway
Correcting industrial insurance benefit errors.
The bill was read the second time.
MOTION
On motion of Senator Fairley, the rules were suspended, Engrossed House Bill No. 1894 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1894.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1894 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.
ENGROSSED HOUSE BILL NO. 1894, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
April 8, 1999
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5156, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 8, 1999
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5012,
SENATE BILL NO. 5365,
SENATE BILL NO. 5402,
SUBSTITUTE SENATE BILL NO. 5457,
SENATE BILL NO. 5614,
SUBSTITUTE SENATE BILL NO. 5615,
SENATE BILL NO. 5648,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5658,
SENATE BILL NO. 5702,
SECOND SUBSTITUTE SENATE BILL NO. 5766,
SENATE BILL NO. 5777,
SENATE BILL NO. 5829,
ENGROSSED SENATE BILL NO. 5843,
SUBSTITUTE SENATE BILL NO. 6009,
SENATE BILL NO. 6019,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6020, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 8, 1999
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5037,
SENATE BILL NO. 5178,
SUBSTITUTE SENATE BILL NO. 5191,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5195,
SUBSTITUTE SENATE BILL NO. 5215,
SENATE BILL NO. 5262,
SENATE BILL NO. 5301,
SUBSTITUTE SENATE BILL NO. 5313, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 9, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SENATE BILL NO. 5015,
SUBSTITUTE SENATE BILL NO. 5046,
SUBSTITUTE SENATE BILL NO. 5047,
SUBSTITUTE SENATE BILL NO. 5048,
SUBSTITUTE SENATE BILL NO. 5058,
SENATE BILL NO. 5114,
SUBSTITUTE SENATE BILL NO. 5185,
SENATE BILL NO. 5196,
SUBSTITUTE SENATE BILL NO. 5197,
SENATE BILL NO. 5198,
SENATE BILL NO. 5202,
SECOND SUBSTITUTE SENATE BILL NO. 5210,
SENATE BILL NO. 5211,
SUBSTITUTE SENATE BILL NO. 5231,
SUBSTITUTE SENATE BILL NO. 5234,
SENATE BILL NO. 5253,
SUBSTITUTE SENATE BILL NO. 5274,
SENATE BILL NO. 5347,
SENATE BILL NO. 5442,
SUBSTITUTE SENATE BILL NO. 5509,
SENATE BILL NO. 5525,
SENATE BILL NO. 5567,
SUBSTITUTE SENATE BILL NO. 5573,
SUBSTITUTE SENATE BILL NO. 5609,
SUBSTITUTE SENATE BILL NO. 5651,
SENATE BILL NO. 5652,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5668,
SUBSTITUTE SENATE BILL NO. 5669,
SENATE BILL NO. 5741,
SENATE BILL NO. 5772,
SENATE BILL NO. 5806,
SUBSTITUTE SENATE BILL NO. 5838,
SUBSTITUTE SENATE BILL NO. 5928,
SENATE BILL NO. 5954,
SENATE BILL NO. 6030, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5037,
SENATE BILL NO. 5178,
SUBSTITUTE SENATE BILL NO. 5191,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5195,
SUBSTITUTE SENATE BILL NO. 5215,
SENATE BILL NO. 5262,
SENATE BILL NO. 5301,
SUBSTITUTE SENATE BILL NO. 5313.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5012,
SENATE BILL NO. 5156,
SENATE BILL NO. 5365,
SENATE BILL NO. 5402,
SUBSTITUTE SENATE BILL NO. 5457,
SENATE BILL NO. 5614,
SUBSTITUTE SENATE BILL NO. 5615,
SENATE BILL NO. 5648,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5658,
SENATE BILL NO. 5702,
SECOND SUBSTITUTE SENATE BILL NO. 5766,
SENATE BILL NO. 5777,
SENATE BILL NO. 5829,
ENGROSSED SENATE BILL NO. 5843,
SUBSTITUTE SENATE BILL NO. 6009,
SENATE BILL NO. 6019,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6020.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Mayor of the city of Shelton, Scott Hilburn, and his wife Karen, who were seated on the rostrum.
MOTION
At 10:59 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:30 p.m. by President Owen.
MESSAGE FROM THE HOUSE
April 9, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
HOUSE BILL NO. 1011,
HOUSE BILL NO. 1018,
SUBSTITUTE HOUSE BILL NO. 1075,
HOUSE BILL NO. 1092,
HOUSE BILL NO. 1106,
HOUSE BILL NO. 1139,
SUBSTITUTE HOUSE BILL NO. 1149,
HOUSE BILL NO. 1216,
HOUSE BILL NO. 1221,
SUBSTITUTE HOUSE BILL NO. 1289,
HOUSE BILL NO. 1297,
HOUSE BILL NO. 1372,
HOUSE BILL NO. 1394,
HOUSE BILL NO. 1425,
ENGROSSED HOUSE BILL NO. 1459,
SUBSTITUTE HOUSE BILL NO. 1490,
HOUSE BILL NO. 1491,
HOUSE BILL NO. 1542,
SUBSTITUTE HOUSE BILL NO. 1560,
HOUSE BILL NO. 1584,
HOUSE BILL NO. 1654,
SECOND SUBSTITUTE HOUSE BILL NO. 1686,
HOUSE BILL NO. 1734,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1963,
HOUSE BILL NO. 2010,
SUBSTITUTE HOUSE BILL NO. 2054,
SUBSTITUTE HOUSE BILL NO. 2071,
HOUSE BILL NO. 2116,
HOUSE BILL NO. 2181,
HOUSE BILL NO. 2206,
HOUSE JOINT MEMORIAL NO. 4004,
HOUSE JOINT MEMORIAL NO. 4011,
HOUSE JOINT MEMORIAL NO. 4014,
HOUSE CONCURRENT RESOLUTION NO. 4408, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1011,
HOUSE BILL NO. 1018,
SUBSTITUTE HOUSE BILL NO. 1075,
HOUSE BILL NO. 1092,
HOUSE BILL NO. 1106,
HOUSE BILL NO. 1139,
SUBSTITUTE HOUSE BILL NO. 1149,
HOUSE BILL NO. 1216,
HOUSE BILL NO. 1221,
SUBSTITUTE HOUSE BILL NO. 1289,
HOUSE BILL NO. 1297,
HOUSE BILL NO. 1372,
HOUSE BILL NO. 1394,
HOUSE BILL NO. 1425,
ENGROSSED HOUSE BILL NO. 1459,
SUBSTITUTE HOUSE BILL NO. 1490,
HOUSE BILL NO. 1491,
HOUSE BILL NO. 1542,
SUBSTITUTE HOUSE BILL NO. 1560,
HOUSE BILL NO. 1584,
HOUSE BILL NO. 1654,
SECOND SUBSTITUTE HOUSE BILL NO. 1686,
HOUSE BILL NO. 1734,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1963,
HOUSE BILL NO. 2010,
SUBSTITUTE HOUSE BILL NO. 2054,
SUBSTITUTE HOUSE BILL NO. 2071,
HOUSE BILL NO. 2116,
HOUSE BILL NO. 2181,
HOUSE BILL NO. 2206,
HOUSE JOINT MEMORIAL NO. 4004,
HOUSE JOINT MEMORIAL NO. 4011,
HOUSE JOINT MEMORIAL NO. 4014,
HOUSE CONCURRENT RESOLUTION NO. 4408.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Costa, the following resolution was adopted:
SENATE RESOLUTION 1999-8667
By Senators Costa, Spanel, Franklin, Kohl-Wells and Fraser
WHEREAS, In 1916, the first case of Polio was recorded, resulting in approximately 27,000 deaths; and
WHEREAS, Between the year of 1946 through 1952, the Polio epidemic absorbed 144,000 victims nationally; and
WHEREAS, There are an estimated 35,000 Polio survivors in Washington State alone; and
WHEREAS, There are currently 1.6 million Polio survivors in the United States; and
WHEREAS, The centralized Burien Office for Polio Outreach of Washington was formed in 1995 by peer volunteers to locate and inform Polio survivors who may currently be experiencing Post Polio Syndrome; and
WHEREAS, Many individuals are diagnosed with this disease year after year; and
WHEREAS, The debilitating effects of Post Polio Syndrome, from severe fatigue to total body exhaustion, are often not detected until up to thirty years after the original onset of Polio; and
WHEREAS, Post Polio Syndrome is the second most leading cause of neurological damage; and
WHEREAS, The medical field and the Polio survivors must be able to recognize the symptoms of Post Polio Syndrome, so that they will not be prematurely disabled; and
WHEREAS, The distribution of accurate information and educational material is a necessity in order to create awareness for this disease and its effects;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the courage and strength of all Polio survivors and the efforts of Polio Outreach of Washington to reach them.
Senators Costa, Kohl-Welles, Franklin, Thibaudeau, McDonald and Prentice spoke to Senate Resolution 1999-8667.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Burien Office for Polio Outreach of Washington, as well as polio survivors, who were seated in the gallery.
MOTION
At 1:43 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Monday, April 12, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate