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FIRST DAY, THIRD SPECIAL SESSION

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NOON SESSION

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Senate Chamber, Olympia, Monday, July 16, 2001

      The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Brad Owen

President of the Senate

The Legislature of the State of Washington

Olympia, Washington 98504

Dear President Owen:

      I have attached a full, true and correct copy of the Proclamation by the Governor calling the third special session of the Washington State Legislature to be convened at twelve o'clock noon, July 16, 2001.

                                                                      IN TESTIMONY WHEREOF, I have hereunto set my

                                                                      hand and affixed the Seal of the state of Washington

                                                                      at Olympia this 25th day of June, A. D., 2001.

  SEAL

SAM S. REED

Secretary of State

MESSAGE FROM THE GOVERNOR

PROCLAMATION

WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 2001 regular session on April 22, 2001, the 105th day of the session, and adjourned the first special session of 2001 on May 24, 2001, the 30th day of the special session, and adjourned the second special session of 2001 on June 21, the 18th day of the special session; and

 WHEREAS, a comprehensive transportation funding package is critical to the future of our state’s economy and business climate, and no such package was approved by the legislature;

NOW, THEREFORE, I, Gary Locke, Governor of the state of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in a third special session in the Capitol at Olympia at twelve o'clock noon on July 16, 2001, for a period of not more than two weeks for the purpose of enacting legislation as described above.

                                                                      IN WITNESS WHEREOF, I have hereunto set my hand

                                                                      and caused the Seal of the state of Washington to be affixed

                                                                      at Olympia this 22nd day of June, A. D., two thousand one.

   SEAL                                                                                                                                                                                           GARY LOCKE

Governor of Washington

BY THE GOVERNOR

SAM REED

Secretary of State

MESSAGE FROM THE GOVERNOR

June 26, 2001

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on June 26, 2001, Governor Locke approved the following Senate Bills entitled:

      Engrossed Senate Bill No. 5990

      Relating to state general obligation bonds and related accounts.

      Third Engrossed Substitute Senate Bill No. 6151

      Relating to the management of sex offenders in the civil commitment and criminal justice systems.

Sincerely,

Everett H. Billingslea, General Counsel

MESSAGE FROM THE GOVERNOR

July 13, 2001

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on July 13, 2001, Governor Locke approved the following Senate Bills entitled:

      Engrossed Substitute Senate Bill No. 5237

      Relating to the fair fund.

      Substitute Senate Bill No. 5496

      Relating to tax rate modifications for animal health products.

      Second Engrossed Senate Bill No. 5686

      Relating to changing academic assessments timelines.

      Engrossed Substitute Senate Bill No. 5919

      Relating to the assessment of potential site locations for water storage projects.

      Second Substitute Senate Bill No. 5947

      Relating to tax exemptions for dairy farmers and anaerobic digesters.

      Engrossed Senate Bill No. 6198

      Relating to contracts concerning the sale of cigarettes.

Sincerely,

Everett H. Billingslea, General Counsel

MESSAGE FROM THE GOVERNOR

PARTIAL VETO MESSAGE ON THIRD ENGROSSED SUBSTITUTE SENATE BILL NO. 5327

June 26, 2001

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 106; 210 (lines 10-13); 233(1); and 501 of Third Engrossed Substitute Senate Bill No. 5327 entitled:

"AN ACT Relating to transportation funding and appropriations;"

      My reasons for vetoing these sections are as follows:

Section 106, Pages 3-4, Washington State Patrol Communications Study (Joint Legislative Audit and Review Committee)

This section would have provided $50,000 from the State Patrol Highway Account to the Joint Legislative Audit and Review Committee for a study of the planning process and analysis employed by the Washington State Patrol in developing its 2001-03 budget request for replacement of its emergency communication system. The study as described in the proviso would have examined the planning process rather than the needs of the Patrol as they relate to statewide emergency communications. The Patrol has utilized the expertise of its employees and private sector engineers to establish a ten-year capital improvement plan for its outdated emergency communications system. Additional review of the planning process would serve only to delay real improvements to the system and would divert resources from more critical functions in the budget and fiscal and information technology offices of the State Patrol.

Section 210, Page 11, line 10 beginning with "The Washington state patrol . . ." through line 13, Electronic Services Off-Duty Vehicle Assignment (Washington State Patrol-Support Services Bureau)

This proviso would have required the Washington State Patrol to allow electronic services field technicians to take home their assigned vehicle and equipment even though they may be off-duty. Currently, only on-call technicians are allowed to take home their vehicles and equipment. The agency has not experienced any adverse effect from the existing policy. The provision in this section would have required an additional $200,000 each biennium for fuel, maintenance and vehicle replacement costs resulting from the increase in mileage due to off-duty personnel commuting to and from work. These increased costs cannot be carved out of the agency's existing budget, and no new funding was provided in the 2001-03 transportation budget.

Section 233(1), Page 24, East Lake Sammamish Trail Interim Improvement (Department of Transportation - Local Programs - Program Z - Capital)

This section would have directed the Washington State Department of Transportation to withhold federal transportation enhancement funds for the East Lake Sammamish Trail Interim Improvement Project until interlocal agreements are secured between King County and the cities of Sammamish, Redmond, and Issaquah. The transportation enhancement funds that were conditioned by this section are federal pass-through dollars designated for local agency transportation projects and programs. While the state plays an important role in selecting these types of projects for federal funding, I believe it would be inappropriate for the state to condition the receipt of these funds beyond the Local Agency Guidelines prepared specifically for the administration of these projects.

Section 501, Pages 30-31, Performance Based Budgeting Provisions

Section 501 would have outlined performance-based budgeting requirements for state transportation agencies. While I support performance-based budgeting and commend the Transportation Committees' interest, some elements of the criteria established in this section were inconsistent with current statewide budget and accounting standards. The Office of Financial Management is designated in the Budget, Accounting and Reporting Act as the agency responsible for establishing budget instructions and developing and maintaining statewide financial systems. The criteria in this section would have established additional and duplicative reporting requirements for transportation agencies. The creation of two separate tracks for the analysis of financial data would have made it impossible to provide consistent and connected statewide financial information. It is my expectation that agencies will continue to work with the Office of Financial Management and the legislative fiscal committees to develop and implement uniform performance-based budgeting reporting standards that will be applicable to all state agencies.

      For these reasons, I have vetoed sections 106; 210 (lines 10-13); 233(1); and 501 of Third Engrossed Substitute Senate Bill No. 5327.

      With the exception of sections 106; 210 (lines 10-13); 233(1); and 501, Third Engrossed Substitute Senate Bill No. 5327 is approved.

Respectfully submitted,

GARY LOCKE, GOVERNOR

MESSAGE FROM THE GOVERNOR

PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5937

June 26, 2001

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to sections 5 and 6, Engrossed Substitute Senate Bill No. 5937 entitled:

"AN ACT Relating to postretirement employment for teachers' retirement system, public employees' retirement system, and school employees' retirement system retirees;"

      This bill addresses worker retention problems in public employment by expanding post-retirement employment opportunities for Plan 1 members of the teachers' and public employees' retirement systems.

      The state is facing a critical shortage of experienced teachers and other employees with skills that are in high demand. To meet this shortage, we need to attract retirees back to work. Engrossed Substitute Senate Bill No. 5937 will help us in this task by creating a program for post-retirement employment. To improve the effectiveness of this program and ensure a steady supply of people with valuable expertise in our schools and state and local agencies, I have vetoed sections 5 and 6, which would have terminated the program in 2004. This sunset date would have been premature and would not have allowed sufficient time for the program to develop.

      The bill contains provisions for a study of the program, and a means to recover any resulting costs from employers. These provisions provide adequate safeguards for the program and make sections 5 and 6 unnecessary.

      For these reasons, I have vetoed sections 5 and 6 of Engrossed Substitute Senate Bill No. 5937.

      With the exception of sections 5 and 6, Engrossed Substitute Senate Bill 5937 is approved.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6153

June 26, 2001

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; 123(3); 203(1)(s); 217(4); 302(15); 302(16); 302(17); 308(6); 402(5); 514(12)(a); 603(12); 710; 912 and 921 of Engrossed Substitute Senate Bill No. 6153 entitled:

"AN ACT Relating to fiscal matters;"

      My reasons for vetoing these sections are as follows:

Section 2, Page 2, Restrictions on Governor's Supplemental Budget

In the event of a projected cash deficit in the state General Fund, the Governor would have been directed to make across-the-board allotment reductions, and to recommend expenditures from the Emergency Reserve Fund before proposing any General Fund tax increases. This provision would have re-stated existing allotment authority, as well as limiting the executive's prerogative concerning its supplemental budget recommendations.

Section 123(3), Page 16, Performance Audits (State Auditor)

This section would have directed the Office of State Auditor to conduct performance audits of three governmental entities as demonstration audits for state and local government agencies. The Joint Legislative Audit and Review Committee (JLARC) already has statutory responsibility for conducting performance audits. There is no compelling reason to duplicate JLARC functions within the Office of State Auditor.

Also, because of an apparent technical error, subsections (2) and (3) would have authorized expenditures from the state General Fund greater than the agency appropriation. With respect to subsection (2), it is my intent to pursue correction of this dollar amount in the 2002 supplemental budget.

Section 203(1)(s), Page 44, Contracted Beds at Local County Detention Facilities (Department of Social and Health Services - Juvenile Rehabilitation Program)

This subsection would have affected the funding for the 33 contracted local county detention facilities and also directed the Department of Social and Health Services (DSHS) not to consider beds in those facilities to achieve reductions in bed capacity. The June 2001 forecast of the Caseload Forecast Council indicates that the juvenile rehabilitation residential population will be declining by approximately 60 beds, and this trend is expected to continue. By eliminating these contracted beds from consideration for reductions, DSHS would have been hindered in its ability to effectively manage and utilize residential beds while providing the appropriate services to youths.

Section 217(4), Page 72, Safety and Health Grants (Department of Labor and Industries)

This section attempted to prevent the Department of Labor and Industries from operating the safety and health grant program, unless separate legislation is passed that specifically authorizes expenditures for that program. However, the statutory authority for that program already exists and cannot be changed by an appropriations bill.

Section 302(15), Page 86, Culvert Removal on Rocky Ford Creek (Department of Ecology)

This subsection would have required the Department of Ecology (DOE) to provide $50,000 to a local conservation district in Moses Lake for a culvert removal project on Rocky Ford Creek. I support on-the-ground efforts to address flooding and fish barrier problems, and funding for this type of project is available from several existing grant and loan programs through the Salmon Recovery Funding Board, DOE, and the Public Works Trust Board.

Section 302(16), Page 86, Washington Watershed, Science, and Technology Program (Department of Ecology)

This subsection would have required DOE to provide $300,000 to the State Conservation Commission to establish the Washington Watershed, Science, and Technology Program. This program would have provided technical assistance to private landowners in conducting water quality monitoring, riparian vegetation management, and noxious weed control. Although I support the goal of this proviso, the creation of a new technical assistance program for these items is unnecessary since the Conservation Commission, DOE, and the Department of Fish and Wildlife already provide such assistance.

Section 302(17), Pages 86-87, Palouse Conservation District Pilot Project (Department of Ecology)

The subsection would have required DOE to provide $75,000 to a conservation district in the Palouse region for a pilot project to evaluate the ability of existing voluntary and regulatory programs to improve water quality. Funding for this project is available, and has already been applied for, from the Centennial Clean Water Fund.

Section 308(6), Page 97, Trust Land Roads Nonappropriated Account (Department of Natural Resources)

This subsection would have restricted the appropriation of a nonappropriated account. Since there is not an appropriation from this account, the proviso is not binding and should not be included in the appropriations bill.

Section 402(5), Page 103, Mobilization of State Fire Service Resources Study (Washington State Patrol)

This proviso would have required the Washington State Patrol, in consultation with various local and state fire service entities, to conduct a study of the fire mobilization plan and procedures. The study was to include an analysis of the cost effectiveness and efficiency of the fire service mobilization plan. However, no funds were provided to the Patrol for this activity. I will direct the Patrol to examine, to the extent possible within existing resources, the fire mobilization plan and to make timely recommendations for improvements.

Section 514(12)(a), Page 137, National Board for Professional Teaching Standards Bonus (Superintendent of Public Instruction - Education Reform)

Section 514(12) provides funding for bonuses for teachers who attain certification by the National Board for Professional Teaching Standards (NBPTS). The Legislature extended the length of the bonus from two to three years, but subsection (a) would have resulted in ten teachers losing their third year bonus payment because they achieved NBPTS certification before the 1999-00 school year. Sufficient funds are provided in the fiscal year 2002 budget to make the third bonus payment to these outstanding teachers - who were the first in this state to pursue and obtain NBPTS certification. Therefore, I have vetoed Section 514(12)(a) and request that the Superintendent of Public Instruction make an annual bonus payment of $3,500 to every teacher who attained NBPTS certification before or during the 2001-02 school year.

This veto makes a technical correction to allow the full implementation of the three-year bonus limit adopted by the Legislature. Next session, I will again ask the Legislature to provide funding for bonus payments to teachers for each year in which their certification by the NBPTS is maintained.

Section 603(12), Page 152, Fee for Adult Basic Education Courses (State Board for Community and Technical Colleges)

The purpose of adult basic education is to provide adults the basic knowledge and skills that are normally acquired from kindergarten through 12th grade. Therefore, it has been the policy of the state to pay for this education. Before we ask students to pay for a portion of this education, there should be a public discussion about changing the current policy.

I am asking the State Board for Community and Technical Colleges to review their adult basic education programs and recommend changes to our policy that will improve this program, including any alterations in the way this program should be funded.

Section 710, Pages 169-170, Distribution of Excess Funds from the Forest Development Account (Department of Natural Resources)

Distribution of forest management funds to counties at this time is not in the best interest of the long-term health of the account or the long-term management of the resources on Forest Board lands. Prior transfers from this account have depleted the available balance. In addition, the Department of Natural Resources' June revenue forecast projects an $8.8 million decrease in revenue for the Forest Development Account.

Section 912, Pages 202-203, Forest Development Account Distribution of Fund Balance (Department of Natural Resources)

This section would have provided statutory authorization during the 2001-03 Biennium to distribute Forest Development Account funds as directed in section 710. Since section 710 has been vetoed, section 912 is unnecessary.

Section 921, Pages 210-212, Parks and Recreation Fees (Washington State Parks and Recreation Commission)

This section would have temporarily limited the statutory authority allowing the Washington State Parks and Recreation Commission to charge fees for basic parkland access. The revenue from such fees can be used to provide desperately needed maintenance to park facilities. Currently, the parks system has a $40 million maintenance backlog in addition to a $292 million ten-year capital facilities funding need. I have in the past supported, and continue to believe it is important, that we preserve the Commission's ability to implement fees as it deems appropriate.

      For these reasons, I have vetoed sections 2; 123(3); 203(1)(s); 217(4); 302(15); 302(16); 302(17); 308(6); 402(5); 514(12)(a); 603(12); 710; 912 and 921 of Engrossed Substitute Senate Bill No. 6153.

      With the exception of sections 2; 123(3); 203(1)(s); 217(4); 302(15); 302(16); 302(17); 308(6); 402(5); 514(12)(a); 603(12); 710; 912 and 921, Engrossed Substitute Senate Bill No. 6153 is approved.

Respectfully submitted,

GARY LOCKE, Governor

MESSAGE FROM THE GOVERNOR

PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6155