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TWENTY-FIFTH DAY, FIRST SPECIAL SESSION
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MORNING SESSION
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Senate Chamber, Olympia, Monday, April 3, 2000
The Senate was called to order at 10:30 a.m. by President Pro Tempore Wojahn. No roll call was taken.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORT OF STANDING COMMITTEE
March 31, 2000
ESHB 3128 Prime Sponsor, House Committee on Finance: Authorizing the governor to enter into cooperative agreements concerning the sales of cigarettes. Reported by Committee on Commerce, Trade, Housing and Financial Institutions.
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Shin, Vice Chair; Gardner, Rasmussen, T. Sheldon and Winsley.
MOTION
On motion of Senator Spanel, the standing committee report on Engrossed Substitute House Bill No. 3128 was held on the desk.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
January 19, 2000
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
James B. Dagnon, appointed January 19, 2000, for a term ending September 30, 2000, as a member of the Board of Trustees for Bellevue Community College District No. 8.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
March 8, 2000
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Vince Addington, appointed March 8, 2000, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Transportation.
MESSAGE FROM THE GOVERNOR
March 31, 2000
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on March 31, 2000, Governor Locke approved the following Senate Bills entitled:
Engrossed Substitute Senate Bill No. 5001
Relating to hunting cougar.
Substitute Senate Bill No. 5924
Relating to real estate appraisers.
Substitute Senate Bill No. 6186
Relating to secured transactions, revising Article 9 of the uniform commercial code with conforming amendments and additions to other statutes.
Engrossed Substitute Senate Bill No. 6277
Relating to authorizing cost-reimbursement agreements for leases and environmental permits.
Substitute Senate Bill No. 6450
Relating to wildlife publications.
Engrossed Substitute Senate Bill No. 6455
Relating to the regulation of geologists.
Engrossed Substitute Senate Bill No. 6530
Relating to plans 2 and 3 of the state retirement systems.
Substitute Senate Bill No. 6644
Relating to technical corrections to fire protection laws.
Substitute Senate Bill No. 6663
Relating to preserving federally assisted housing and minimizing the involuntary displacement of tenants residing in such housing.
Engrossed Substitute Senate Bill No. 6732
Relating to tourism-related facilities.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
March 31, 2000
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on March 31, 2000, Governor Locke approved the following Senate Bill entitled:
Senate Bill No. 6865
Relating to replacing motor vehicle, travel trailer, and camper excise taxes with a thirty dollar fee.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6062
March 31, 2000
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. 6062 entitled:
"AN ACT Relating to sales and use tax deferral for natural gas-fired energy generating facilities sited in rural areas;"
Substitute Senate Bill No. 6062 would have provided a sales and use tax exemption on the construction of, and purchase of machinery and equipment for, natural gas-fired combined cycle electrical generating facilities of 600 megawatts or more. In particular, this bill was targeted toward the construction of a proposed power plant in Sumas.
The Energy Facility Site Evaluation Council (EFSEC) must approve any power plant that might have taken advantage of the tax incentives created by this bill, before it can be built. The EFSEC process requires that the governor make the final decision whether an energy facility may be built on the proposed site. It is important for me to emphasize that in vetoing this bill, I make no statements about the environmental impact or suitability of the proposed Sumas plant or any other power plant, currently proposed or to be proposed in the future. It would be inappropriate for me to prejudge any project.
If any decisions on power plant construction reach my desk through the EFSEC process, I will very carefully and fairly evaluate them on their merits, according to the standards required by the EFSEC statute, with the complete record before me. This bill is premature. If the Sumas power plant receives an EFSEC permit, there will be opportunities then to revisit the appropriateness of tax exemptions for its construction.
I strongly support the development of economic opportunities for rural areas and additional energy generating capacity for our state. However, the strategy employed by this bill was not the most effective or efficient use of tax dollars. If built, the proposed Sumas plant will create only 25 permanent jobs at a cost of approximately $24 million in tax exemptions.
Tax exemptions should be used judiciously with the objective of attaining the greatest return on the state's investment. This entails targeting projects that provide a significant number of jobs and stimulate economic activity in other sectors of our economy. Our existing sales tax exemption program for rural areas requires the creation of one new full-time job for every $750,000 of capital investment. By applying this model to the proposed Sumas plant, for example, 467 new full-time jobs would have to be created, based upon the $350 million estimated cost of the project.
Tax exemptions should continue to be used as a tool to encourage private sector investment in clean energy alternatives that may not yet be sufficiently profitable to attract private sector investment, and for other types of projects, including some natural gas power plants that will create large numbers of jobs and have substantial economic benefit.
For these reasons, I have vetoed Substitute Senate Bill No. 6062 in its entirety.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Spanel, the veto message on Substitute Senate Bill No. 6062 was held on the desk.
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 bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objection to the section or items of the bill as required by Article III, section 12, of the Washington State Constitution:
Second Substitute Senate Bill No. 5802 ;
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed the Seal of the state of Washington,
this 31st day of March, 2000.
(Seal)
GARY McINTOSH
Director of Elections
For RALPH MUNRO
Secretary of State
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SECOND SUBSTITUTE SENATE BILL NO. 5802
March 30, 2000
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 203, Second Substitute Senate Bill No. 5802 entitled:
"AN ACT Relating to telecommunications contractors and installations;"
This bill requires that contractors and installers who work with fiber optic cables and other telecommunications cabling be licensed and bonded, and that their work be inspected.
Section 203 of the bill states that "[i]t is the further intent of the legislature that the delegation of authority to the director and the board under chapter…, Laws of 2000 (this act) be strictly limited to the minimum delegation necessary to administer the clear and unambiguous directives under chapter…, Laws of 2000 (this act)…" . This language is vague and ambiguous, and the bill provides no definition of "minimum delegation necessary."
Tax exemptions should be used judiciously with the objective of attaining the greatest return on the state’s investment. This entails targeting project that provide a significant number of jobs and stimulate economic activity in other sectors of our economy. Our existing sales tax exemption program for rural areas requires the creation of one new full-time job for every $750,000 of capital investment. By applying this model to the proposed Sumas plant, for example, 467 new full-time jobs would have to be created, based upon the$350 million estimated cost of the project.
I strongly believe that regulations should not be burdensome, and should be as minimal and as streamlined as possible. However, I have grave concerns about this language. The Department of Labor and Industries, which is charged with implementing this law, will need maximum flexibility to apply the law effectively in a rapidly changing industry. How section 203 would limit the department's authority is very unclear, and it could have led to unnecessary legal challenges.
For these reasons, I have vetoed section 203 of Second Substitute Senate Bill No. 5802.
With the exception of section 203, Second Substitute Senate Bill No. 5802 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Spanel, the partial veto message on Second Substitute Senate Bill No. 5802 was held on the desk.
MOTION
On motion of Senator Fraser, the following resolution was adopted:
SENATE RESOLUTION 2000-8788
By Senator Fraser
WHEREAS, The Olympia High School Drill Team, led by School Counselor and Drill Team Coach Danise Ackelson, earned the second-highest overall score and placed third in the recent Washington Interscholastic Activities Association Dance/Drill competition held in Yakima; and
WHEREAS, This great athletic and stylistic accomplishment represented the very first time in the history of Olympia High School and the Olympia School District that a drill team came home with a superior rating earned at the state competition; and
WHEREAS, More than 100 dance and drill teams made up of more than 2,000 young athletes and school-spirit leaders participated in the competition; and
WHEREAS, Olympia was one of only ten teams that received the vaunted superior rating this year, and — in their highly successful, record-making season — they have been the recipients of loyal and steadfast support from their fellow young people in the Olympia High School Student Body; and
WHEREAS, As always, the OHS Bear Dance Team contributed remarkable and outstandingly well-received performances at Olympia football and basketball games this year; and
WHEREAS, Individual Olympia Dance Team members brought home special recognition, including Teri Martinko for High Kick, Karen Bolinger and Lindsay Deskins for Precision, and Sarah Bury as a Drill Down finalist; and
WHEREAS, The Olympia High School Drill Team and other drill teams train as top-notch student-athletes to perform routines for their school and for other community events; and
WHEREAS, Dance, jazz, lyrical, military drill, high kick and precision dance are just a few of the myriad variety of styles used by the OHS Drill Team and their peers in other schools around Washington and the nation; and
WHEREAS, Team members practice — and practice very hard and very sincerely — for hours and hours and hours throughout the year; and
WHEREAS, Students fortunate enough and skillful enough to be involved with the Olympia High School Bear Drill Team do training for strength, flexibility, technique for dance, and specific skill-development;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate applaud and commend the respected and accomplished Olympia High School Drill Team; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Drill Team Coach Danise Ackelson and to the administration at Olympia High School.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the Olympia High School Girls’ Drill Team, who were seated in the gallery.
MOTION
At 10:39 a.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Tuesday, April 4, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate