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THIRD DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Wednesday, January 12, 1994
The House was called to order at 11:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Kira Parr and Scott Wilson. Prayer was offered by Representative Padden.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2243 by Representatives Long, Morris, Appelwick, Cooke, Padden, Fuhrman, B. Thomas, Van Luven, Johanson, Wineberry, Dyer, Schoesler, Campbell, Brough, Carlson, Edmondson, Karahalios, Basich, L. Johnson, Quall, Chandler, Foreman, Kremen, Springer, J. Kohl and Talcott
AN ACT Relating to theft of firearms; amending RCW 9A.56.030, 9A.56.040, 9A.56.150, 9A.56.160, and 9.41.070; reenacting and amending RCW 9.94A.320; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2244 by Representatives Dunshee, Horn, H. Myers and Springer
AN ACT Relating to classifications of cities and towns; amending RCW 3.38.010, 29.07.105, 35.01.010, 35.01.020, 35.01.040, 35.02.005, 35.06.010, 35.06.070, 35.06.080, 35.07.010, 35.13.180, 35.13.190, 35.13.200, 35.13.210, 35.13.280, 35.23.170, 35.23.270, 35.23.352, 35.23.440, 35.23.455, 35.23.460, 35.23.470, 35.23.570, 35.23.020, 35.23.040, 35.23.080, 35.23.120, 35.23.150, 35.23.160, 35.23.180, 35.23.190, 35.23.250, 35.23.280, 35.23.530, 35.24.020, 35.24.050, 35.24.080, 35.24.100, 35.24.142, 35.24.160, 35.24.190, 35.24.200, 35.24.210, 35.24.305, 35.24.306, 35.24.330, 35.24.370, 35.24.400, 35.24.410, 35.24.420, 35.24.440, 35.24.455, 35.27.010, 35.27.550, 35.31.050, 35.34.040, 35.55.010, 35.55.130, 35.56.010, 35.61.010, 35.69.010, 35.70.020, 35.70.100, 35.86A.020, 35.86A.050, 35A.01.070, 35A.02.130, 35A.06.020, 35A.06.030, 35A.10.010, 35A.12.010, 35A.13.010, 35A.29.150, 36.94.050, 39.36.040, 41.44.050, 42.23.030, 54.16.180, 56.04.090, 57.04.100, 57.08.010, 68.52.210, 81.48.030, 81.48.040, 84.52.020, 84.52.070, 90.28.010, and 90.28.020; adding new sections to chapter 35.23 RCW; recodifying RCW 35.24.020, 35.24.050, 35.24.070, 35.24.080, 35.24.090, 35.24.100, 35.24.110, 35.24.120, 35.24.130, 35.24.140, 35.24.142, 35.24.144, 35.24.146, 35.24.148, 35.24.160, 35.24.180, 35.24.190, 35.24.200, 35.24.210, 35.24.220, 35.24.250, 35.24.260, 35.24.300, 35.24.305, 35.24.306, 35.24.310, 35.24.330, 35.24.370, 35.24.400, 35.24.410, 35.24.420, 35.24.430, 35.24.440, 35.24.455, 35.23.020, 35.23.040, 35.23.080, 35.23.120, 35.23.150, 35.23.160, 35.23.180, 35.23.190, 35.23.250, 35.23.280, and 35.23.530; repealing RCW 35.01.030, 35.06.020, 35.06.030, 35.06.040, 35.06.050, 35.06.060, 35.23.030, 35.23.050, 35.23.070, 35.23.090, 35.23.100, 35.23.110, 35.23.130, 35.23.132, 35.23.140, 35.23.200, 35.23.210, 35.23.220, 35.23.230, 35.23.240, 35.23.260, 35.23.300, 35.23.310, 35.23.320, 35.23.370, 35.23.450, 35.23.500, 35.23.510, 35.23.540, 35.23.550, 35.23.595, 35.24.010, 35.24.030, 35.24.060, 35.24.274, 35.24.275, 35.24.290, 35.24.340, 35.24.350, 35.24.380, 35.24.390, 35.61.320, 35.61.330, and 35.61.340; and providing an effective date.
Referred to Committee on Local Government.
HB 2245 by Representatives Padden, Zellinsky, Mielke, Horn, Dyer and Long
AN ACT Relating to providing bond call notification; and adding a new chapter to Title 21 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 2246 by Representatives B. Thomas, Dorn, Brough, Cothern, Brumsickle, Pruitt, Dyer, Karahalios, Stevens, L. Thomas, Eide and Basich
AN ACT Relating to reimbursement for substitute certificated or classified school employees; amending RCW 28A.160.220; adding a new section to chapter 28A.150 RCW; and recodifying RCW 28A.160.220.
Referred to Committee on Education.
HB 2247 by Representatives Chappell, Brumsickle, Campbell, Orr, Karahalios, Cothern, Schoesler, Springer, Van Luven, Brough, Carlson, Basich and Kremen
AN ACT Relating to burglary; and amending RCW 9A.52.020.
Referred to Committee on Judiciary.
HB 2248 by Representatives Chappell, Brumsickle, Campbell, Kessler, Orr, Karahalios, Kremen, Schoesler, Cothern, Ogden, Springer, Van Luven, Johanson, Sheldon, Brough, Carlson, Long, Basich, L. Johnson, Backlund, Quall and Rayburn
AN ACT Relating to assault; amending RCW 9A.36.031; and prescribing penalties.
Referred to Committee on Corrections.
HB 2249 by Representatives Chappell, Brumsickle, Ogden, Campbell, Karahalios, Springer, B. Thomas, Wineberry, L. Johnson and Conway
AN ACT Relating to dangerous weapons on school facilities; and amending RCW 9.41.280.
Referred to Committee on Judiciary.
HB 2250 by Representatives Chappell, Ogden, L. Johnson, H. Myers, Cothern, Linville, Kessler and Johanson
AN ACT Relating to mandating insurance coverage for attention deficit disorder; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; and adding a new section to chapter 48.46 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 2251 by Representatives Edmondson, Kremen, Sehlin, Schoesler, Lisk, Chandler, Horn, Van Luven, Bray, Campbell, Brough, Long, Basich, Moak, Quall, Rayburn, Foreman and Springer
AN ACT Relating to insurance; and amending RCW 46.16.210.
Referred to Committee on Transportation.
HB 2252 by Representatives Casada, Campbell, Sehlin, Padden, Stevens, Chandler, Talcott, Mielke, Ballard and Lisk
AN ACT Relating alcoholic beverages; and amending RCW 66.16.040.
Referred to Committee on Commerce & Labor.
HB 2253 by Representatives Casada, Bray, Chandler, Campbell, Stevens, Mielke, Ballard, Quall, Foreman and Talcott
AN ACT Relating to public utilities; and adding a new section to chapter 80.04 RCW.
Referred to Committee on Energy & Utilities.
HB 2254 by Representatives Casada, Campbell, Chandler, Bray, Edmondson, Silver, Padden, Ballard, Hansen, Carlson, Roland, Kremen, Van Luven and Talcott
AN ACT Relating to the motor vehicle excise tax; and amending RCW 82.44.041.
Referred to Committee on Transportation.
HB 2255 by Representatives Valle, Talcott, Dellwo, Shin, Brown, Flemming, Wineberry, Dyer, Hansen, Veloria, Quall, Chandler, Foreman, J. Kohl and H. Myers
AN ACT Relating to the distribution of free tobacco products; amending RCW 70.155.060 and 70.155.100; repealing RCW 70.155.050; and prescribing penalties.
Referred to Committee on Health Care.
HB 2256 by Representatives Valle, Shin, Sheldon, Flemming, Springer, Johanson, Wineberry, Campbell, Veloria, Conway, J. Kohl and Morris
AN ACT Relating to international trade; adding new sections to chapter 43.06 RCW; creating a new section; and making an appropriation.
Referred to Committee on State Government.
HB 2257 by Representatives Valle, Ballasiotes, Patterson, Cooke, Ogden, Sommers and J. Kohl
AN ACT Relating to reporting crimes; adding a new section to chapter 35.71 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2258 by Representatives Valle, Cooke, Patterson, Brown, Wineberry, King, Campbell, L. Johnson and J. Kohl
AN ACT Relating to background checks of caretakers of children, vulnerable adults, and developmentally disabled persons; and amending RCW 43.43.830, 43.43.832, 43.43.834, and 43.43.838.
Referred to Committee on Human Services.
HB 2259 by Representatives Kremen, Linville, Orr, Chappell, Zellinsky, Jones, Scott, B. Thomas, Van Luven, Johanson, Campbell, Brough, Rayburn, Chandler and Shin
AN ACT Relating to mandatory declination of juvenile court jurisdiction in cases involving an offender armed with a firearm; and amending RCW 13.40.110.
Referred to Committee on Judiciary.
HB 2260 by Representatives Kremen and Scott
AN ACT Relating to benefits for surviving spouses under the law enforcement officers' and fire fighters' retirement system; and adding a new section to chapter 41.26 RCW.
Referred to Committee on Appropriations.
HB 2261 by Representatives Kremen, Zellinsky, Johanson, Sheldon and Hansen
AN ACT Relating to the shoreline management act; and amending RCW 90.58.140 and 90.58.180.
Referred to Committee on Environmental Affairs.
HB 2262 by Representatives Eide, Brough, Schmidt, R. Fisher and Dellwo
AN ACT Relating to motor vehicles transporting lightweight packages; and adding a new section to chapter 81.80 RCW.
Referred to Committee on Transportation.
HB 2263 by Representatives Campbell, Ballasiotes, Dorn, Long, Chappell, B. Thomas, Van Luven, Johanson, Sheldon, Bray, Brough, Edmondson, Moak, Quall, Rayburn, Chandler and Springer
AN ACT Relating to proof of insurance for renewal of a vehicle license; amending RCW 46.16.210 and 46.30.040; and prescribing penalties.
Referred to Committee on Transportation.
HB 2264 by Representatives Campbell, Ballasiotes, Casada, Cooke, Chappell and King
AN ACT Relating to juries; adding a new section to chapter 2.36 RCW; and creating a new section.
Referred to Committee on Judiciary.
HB 2265 by Representatives Campbell, Ballasiotes, Wineberry, Long, Morris, Kessler, Brumsickle, Roland, Forner, Springer, Sheldon, Chappell, Conway, Orr, Chandler, Kremen, Casada, Eide, Dellwo, Dorn, Johanson, Hansen, King, Lisk, Appelwick, Pruitt, Patterson, Finkbeiner, G. Fisher, Cooke, Shin, B. Thomas, Van Luven, Mastin, Leonard, Jones, Padden, Dyer, Schoesler, Brough, Holm, Karahalios, Basich, Backlund, Schmidt, Rayburn, Foreman and J. Kohl
AN ACT Relating to delivery to or possession of firearms by persons under the age of eighteen; amending RCW 9.41.080, 9.41.240, and 13.40.0357; reenacting and amending RCW 26.28.080; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2266 by Representatives Moak, Ogden, Sehlin, Patterson, Wood and Springer; by request of Department of Community Development
AN ACT Relating to appropriations for projects recommended by the public works board; creating a new section; and declaring an emergency.
Referred to Committee on Capital Budget.
HB 2267 by Representatives Campbell, Chandler, Springer, Conway, Veloria, Lisk and Wineberry
AN ACT Relating to security guard licensing; and amending RCW 18.170.100.
Referred to Committee on Commerce & Labor.
HB 2268 by Representatives Brown, Wolfe, Dunshee, Leonard, Patterson, Orr, Conway, Wood, Thibaudeau, Karahalios, Dellwo, Finkbeiner, H. Myers, Lemmon, Flemming, Jones, Wineberry, King, Ogden, L. Johnson and J. Kohl
AN ACT Relating to child care for school-age children; adding new sections to chapter 74.13 RCW; adding a new section to chapter 28A.335 RCW; and making appropriations.
Referred to Committee on Human Services.
HB 2269 by Representatives Lisk, Campbell, Foreman, Ballard, Kremen, Chandler, Johanson, Tate, Padden, Stevens, Fuhrman and Flemming
AN ACT Relating to the death penalty; amending RCW 10.95.030 and 10.95.040; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2270 by Representatives Johanson, Padden and Appelwick
AN ACT Relating to probate and trust matters; amending RCW 11.02.005, 11.07.010, 11.08.170, 11.12.040, 11.12.080, 11.12.110, 11.12.120, 11.12.160, 11.12.180, 11.20.070, 11.24.010, 11.24.040, 11.28.120, 11.28.237, 11.40.010, 11.40.013, 11.40.015, 11.40.040, 11.40.080, 11.48.010, 11.56.050, 11.68.010, 11.96.009, 11.96.020, 11.96.050, 11.96.060, 11.96.070, 11.96.080, 11.96.090, 11.96.100, 11.96.110, 11.96.130, 11.96.140, 11.96.160, 11.96.170, 11.96.180, and 82.32.240; adding new sections to chapter 11.12 RCW; adding new chapters to Title 11 RCW; and repealing RCW 11.12.050, 11.12.090, 11.12.130, 11.12.140, 11.12.150, 11.12.200, 11.12.210, 11.56.015, 11.56.140, 11.56.150, 11.56.160, and 11.56.170.
Referred to Committee on Judiciary.
HB 2271 by Representatives Springer and Chandler; by request of Department of Licensing
AN ACT Relating to funeral director and embalmer disciplinary procedures; amending RCW 18.130.040; reenacting and amending RCW 18.39.175; adding new sections to chapter 18.39 RCW; repealing RCW 18.39.178; and prescribing penalties.
Referred to Committee on Health Care.
HB 2272 by Representatives L. Johnson, Horn, Rust, Linville, Hansen, Cothern, Karahalios, Foreman and Kremen
AN ACT Relating to transportation of recovered materials; and amending RCW 81.80.440.
Referred to Committee on Environmental Affairs.
HB 2273 by Representatives Romero, Patterson, Orr, Dunshee, Foreman, Wolfe, Holm, Eide, Brown, G. Fisher, Peery, Johanson, Hansen, Long, L. Johnson, Quall, Lisk, Chandler, Kremen and Fuhrman
AN ACT Relating to incentives to increase state agency spending efficiencies; adding new sections to chapter 43.88 RCW; and creating a new section.
Referred to Committee on Appropriations.
HB 2274 by Representatives Quall, Carlson, R. Meyers, Brough, Basich, Karahalios, Peery, Kessler, Eide, L. Johnson, Linville, Shin, Hansen, Talcott, Long, Van Luven, Cooke, Veloria, Scott, Johanson, Finkbeiner, Dunshee, Schoesler, Mastin, Pruitt, Wineberry, King, Conway, Kremen, Springer and H. Myers
AN ACT Relating to the granting of high school course credit; amending RCW 28A.305.220; creating a new section; providing an expiration date; and declaring an emergency.
Referred to Committee on Education.
HB 2275 by Representatives Kessler, H. Myers, Springer, Jones, Morris, Sheldon, Wineberry, King, Campbell, Holm, Chandler and Foreman; by request of Department of Community Development
AN ACT Relating to mortgage and rental assistance for dislocated forest products workers; amending RCW 43.63A.600, 43.63A.610, 43.63A.620, 43.63A.630, and 43.63A.640; and providing an effective date.
Referred to Committee on Trade, Economic Development & Housing.
HB 2276 by Representatives R. Fisher, Brough and Orr
AN ACT Relating to authorizing the provision of pilotage services in the Grays Harbor pilotage district by port districts; amending RCW 88.16.005, 88.16.010, and 88.16.035; and adding a new section to chapter 53.08 RCW.
Referred to Committee on Transportation.
HB 2277 by Representatives Jones, Dorn, R. Meyers, Schmidt, Pruitt, Karahalios, Holm, Kessler, Zellinsky, Brough, Mastin, Patterson, Basich and J. Kohl
AN ACT Relating to teacher evaluation; amending RCW 28A.405.100; and providing an effective date.
Referred to Committee on Education.
HB 2278 by Representatives Horn, H. Myers, Edmondson and Springer
AN ACT Relating to local government election practices; amending RCW 42.12.010, 43.06.010, 14.08.304, 28A.315.520, 29.15.050, 29.15.120, 29.15.200, 35.17.020, 35.17.400, 35.18.020, 35.18.270, 35.23.050, 35.23.240, 35.23.530, 35.24.050, 35.24.060, 35.24.100, 35.24.290, 35.27.100, 35.27.140, 35.61.050, 35A.01.070, 35A.02.050, 35A.02.130, 35A.06.020, 35A.06.030, 35A.06.050, 35A.12.010, 35A.12.040, 35A.12.050, 35A.12.060, 35A.12.180, 35A.13.010, 35A.13.020, 35A.14.060, 35A.14.070, 35A.15.040, 35A.16.030, 36.69.020, 36.69.070, 36.69.080, 36.69.090, 36.69.100, 36.69.440, 52.14.010, 52.14.015, 52.14.030, 52.14.050, 52.14.060, 53.12.140, 54.08.060, 54.12.010, 54.40.070, 56.12.020, 56.12.030, 57.02.050, 57.12.020, 57.12.030, 57.12.039, 57.32.022, 57.32.023, 68.52.100, 68.52.140, 68.52.160, 68.52.220, 70.44.040, 70.44.045, and 70.44.053; adding a new section to chapter 42.12 RCW; adding a new section to chapter 29.15 RCW; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35A.29 RCW; adding a new section to chapter 56.12 RCW; adding a new section to chapter 68.52 RCW; repealing RCW 35.23.070, 35.24.070, 35.27.110, 35.61.060, 35.61.070, 35.61.080, 35A.02.001, 35A.02.100, 35A.02.110, 35A.14.060, 35A.15.030, 35A.16.020, 35A.29.010, 35A.29.020, 35A.29.030, 35A.29.040, 35A.29.050, 35A.29.060, 35A.29.070, 35A.29.080, 35A.29.090, 35A.29.100, 35A.29.105, 35A.29.110, 35A.29.140, 35A.29.150, 36.54.080, 36.54.090, 36.54.100, 36.69.060, 44.70.010, 53.12.047, 53.12.150, 57.02.060, 68.52.240, 70.44.051, 70.44.055, and 70.44.057; and providing effective dates.
Referred to Committee on Local Government.
HB 2279 by Representatives L. Johnson, Horn, Rust, Foreman, Cothern, Dunshee, Caver, Brown, Karahalios, Quall, Johanson, Jones and Rayburn
AN ACT Relating to toxic household products; amending RCW 70.106.010 and 70.106.030; reenacting and amending RCW 42.17.310 and 42.17.310; adding new sections to chapter 70.106 RCW; creating a new section; repealing RCW 70.106.040, 70.106.050, 70.106.060, 70.106.070, 70.106.080, and 70.106.090; prescribing penalties; providing effective dates; and providing an expiration date.
Referred to Committee on Environmental Affairs.
HB 2280 by Representatives Holm, B. Thomas, Sheldon, Jones, Kessler and J. Kohl
AN ACT Relating to the definition of residence for property tax relief for senior citizens and disabled persons; amending RCW 84.36.383; and creating a new section.
Referred to Committee on Revenue.
HB 2281 by Representatives Holm, Sheldon, Moak, Foreman, Wolfe, J. Kohl, Carlson, Ogden, Karahalios, Kessler, Kremen and Anderson
AN ACT Relating to a sales and use tax exemption for used books; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.
Referred to Committee on Revenue.
HB 2282 by Representatives Holm and Appelwick
AN ACT Relating to district court judges pro tempore; and amending RCW 3.34.130.
Referred to Committee on Judiciary.
HB 2283 by Representative B. Thomas
AN ACT Relating to certificates of mastery; and reenacting and amending RCW 28A.630.885.
Referred to Committee on Education.
HB 2284 by Representatives Pruitt and Valle
AN ACT Relating to the exchange, sale, and purchase of state forest lands and the reconveyance of state forest lands to counties for purposes other than forestry management and timber production; amending RCW 76.12.015, 76.12.050, 76.12.072, 76.12.073, 76.12.074, 76.12.080, and 43.30.265; reenacting and amending RCW 76.12.120; and adding new sections to chapter 76.12 RCW.
Referred to Committee on Natural Resources & Parks.
HB 2285 by Representatives Sheldon, Dunshee and Schoesler
AN ACT Relating to log patrols; and repealing RCW 76.40.010, 76.40.012, 76.40.013, 76.40.020, 76.40.030, 76.40.040, 76.40.050, 76.40.060, 76.40.070, 76.40.080, 76.40.090, 76.40.100, 76.40.110, 76.40.120, 76.40.130, 76.40.135, 76.40.140, 76.40.145, 76.40.900, and 76.40.910.
Referred to Committee on Natural Resources & Parks.
HB 2286 by Representatives Pruitt, Wolfe, Dunshee, Valle and L. Johnson
AN ACT Relating to rewards for information regarding public lands and natural resource violations; and amending RCW 79.01.765.
Referred to Committee on Natural Resources & Parks.
HB 2287 by Representative R. Fisher; by request of Office of Financial Management
AN ACT Relating to transportation appropriations; amending 1993 sp.s. c 23 ss 1, 2, 4, 5, 6, 7, 8, 9, 10, 11,12, 16, 21, 22, 23, 25, 26, 27, 29, 31,32, 34, 35, 37, 39, 40, and 47 (uncodified); adding new sections to 1993 sp.s. c 23; and declaring an emergency.
Referred to Committee on Transportation.
HB 2288 by Representatives Cothern, Brumsickle, Roland, J. Kohl, Jones, Eide, King, Carlson, L. Johnson and Anderson; by request of Superintendent of Public Instruction
AN ACT Relating to violence prevention for safe schools; adding new sections to chapter 28A.300 RCW; and creating new sections.
Referred to Committee on Education.
HB 2289 by Representatives Dorn, Brough, Holm, Scott, Pruitt, Johanson, Jones, Eide, King, Cothern, Karahalios, Quall, Springer, J. Kohl, H. Myers and Anderson; by request of Superintendent of Public Instruction
AN ACT Relating to possession of explosives on school grounds or at school activities; and amending RCW 9.41.280.
Referred to Committee on Judiciary.
HB 2290 by Representatives Morris, Brumsickle, Long, Johanson, Springer, L. Johnson, Edmondson, B. Thomas, Sheldon, Flemming, Brough, Karahalios, Quall, Rayburn and Kremen
AN ACT Relating to the penalty for reckless endangerment in the first degree; amending RCW 9A.36.045; reenacting and amending RCW 9.94A.320; and prescribing penalties.
Referred to Committee on Corrections.
HB 2291 by Representatives Dellwo, Dyer, Ballasiotes, R. Johnson, Thibaudeau, L. Johnson and Pruitt
AN ACT Relating to the certification of mental health counselors; and amending RCW 18.19.120.
Referred to Committee on Health Care.
HB 2292 by Representatives Conway, Basich, Kremen, Rayburn, Orr, Lisk, Dyer, Sheahan, King, Chappell, Johanson, Sheldon, Flemming, Jones, Eide, Schoesler, Campbell, Long, Roland, Chandler and Kessler
AN ACT Relating to hunting licenses; and amending RCW 77.32.230.
Referred to Committee on Fisheries & Wildlife.
HB 2293 by Representatives Shin, Horn, Valle, Linville, Hansen, Quall, Forner, Grant, Patterson, Basich, Conway, Jones, Wineberry, Roland and J. Kohl
AN ACT Relating to common school dropouts; adding a new section to chapter 28A.175 RCW; and adding a new section to chapter 28B.50 RCW.
Referred to Committee on Education.
HB 2294 by Representatives Patterson, G. Fisher, Dorn, Brough, Karahalios, Cothern, Campbell, Shin, Basich, Springer, B. Thomas, Holm and J. Kohl
AN ACT Relating to allowing two-year levies for the acquisition of motor vehicles for student transportation; and amending RCW 84.52.053 and 84.52.0531.
Referred to Committee on Education.
HB 2295 by Representatives Orr, Van Luven, Johanson, Sheldon, Wineberry, Brough, Long, Holm, Quall and Kremen
AN ACT Relating to theft of firearms; amending RCW 9A.56.030 and 9A.56.040; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2296 by Representatives Cooke, Chandler, Horn, Dyer, Lisk, Padden, Johanson, Quall and Morris
AN ACT Relating to parental liability for juvenile offenders; amending RCW 13.40.085, 13.40.220, 13.16.085, 13.40.190, and 13.40.200; adding a new section to chapter 4.24 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2297 by Representatives Padden, Chandler, Horn and Foreman
AN ACT Relating to parenting seminars; and adding new sections to chapter 26.12 RCW.
Referred to Committee on Judiciary.
HB 2298 by Representatives Karahalios, Foreman, Rust, G. Fisher, Ogden, B. Thomas, Mastin, Jones, Cothern, Brough, Holm, Basich, Conway, Quall, Kessler, Kremen and J. Kohl
AN ACT Relating to property tax relief for senior citizens and disabled persons; amending RCW 84.38.030; creating a new section; and declaring an emergency.
Referred to Committee on Revenue.
HB 2299 by Representatives Sommers, Silver and Valle
AN ACT Relating to fiscal matters; amending RCW 70.146.080; amending 1993 sp.s. c 24 101, 102, 103, 104, 106, 107, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 121, 123, 125, 217, 126, 127, 129, 131, 133, 134, 135, 138, 139, 140, 141, 142, 143, 145, 146, 147, 149, 150, 152, 308, 318, 316, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 314, 315, 317, 401, 402, 501, 502, 504, 505, 507, 509, 512, 513, 515, 516, 517, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614, 615, 616, 617, 618, 619, 710, 701, 703, 705, 706, 716, 801, 802, 803, and 805; adding new sections to 1993 sp.s. c 24; making appropriations; and declaring an emergency.
Referred to Committee on Appropriations.
HB 2300 by Representatives Morris, Padden, Long, King and Brough; by request of Department of Corrections and Employment Security Department
AN ACT Relating to offender work programs; and amending RCW 72.09.100.
Referred to Committee on Commerce & Labor.
HB 2301 by Representatives Rust and Romero
AN ACT Relating to ground water; amending RCW 90.44.035; and adding a new section to chapter 90.44 RCW.
Referred to Committee on Environmental Affairs.
HB 2302 by Representatives Rayburn, Foreman, Hansen and Bray
AN ACT Relating to irrigation districts; amending RCW 87.03.135; and adding a new section to chapter 87.03 RCW.
Referred to Committee on Agriculture & Rural Development.
HB 2303 by Representatives Horn, Edmondson, B. Thomas and Dyer
AN ACT Relating to competing proposals for city and town annexations and incorporations; amending RCW 36.93.115; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35.13 RCW; adding a new section to chapter 35A.14 RCW; and repealing RCW 35.13.175 and 35A.14.230.
Referred to Committee on Local Government.
HB 2304 by Representatives Long, Appelwick, Morris, Johanson, B. Thomas, Van Luven, Jones, Hansen, Campbell, Brough, Karahalios, Conway, Quall, Roland, Chandler and J. Kohl
AN ACT Relating to vehicular homicide; reenacting and amending RCW 9.94A.320; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2305 by Representatives Long, Appelwick, Morris, Johanson, Padden, Van Luven, Jones, Brough, Carlson, Karahalios, Chandler, J. Kohl and Talcott
AN ACT Relating to driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs; amending RCW 46.61.515; reenacting and amending RCW 46.61.515; providing an effective date; and providing an expiration date.
Referred to Committee on Judiciary.
HB 2306 by Representatives Long, Morris, L. Johnson, Johanson, Van Luven, Hansen, Campbell, Brough, Quall, Roland, Springer, J. Kohl and Talcott
AN ACT Relating to revocation of juvenile driving privileges; amending RCW 13.40.265, 46.20.265, 66.44.365, 69.41.065, 69.50.420, and 69.52.070; adding a new section to chapter 9.41 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2307 by Representatives Hansen, Roland, Rayburn and Dunshee
AN ACT Relating to privatization; and adding a new section to chapter 41.06 RCW.
Referred to Committee on State Government.
HB 2308 by Representatives Hansen, Linville, Rayburn, Romero, Springer, Chandler, Sheldon, Dunshee, Eide, Edmondson, Roland, Foreman and Kessler
AN ACT Relating to votes cast by members of the house of representatives; and adding a new section to chapter 44.04 RCW.
Referred to Committee on State Government.
HB 2309 by Representatives Hansen, Rayburn, Springer, Chandler, Sheldon and Roland
AN ACT Relating to public disclosure filings by candidates for minor elective offices; amending RCW 42.17.030 and 42.17.240; and adding a new section to chapter 42.17 RCW.
Referred to Committee on State Government.
HB 2310 by Representatives Hansen, Rayburn and Roland
AN ACT Relating to minor speeding infractions; amending RCW 3.62.020, 3.62.040, and 3.62.090; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.30 RCW; adding a new section to chapter 46.63 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
HB 2311 by Representatives Morris, Long, L. Johnson, Padden, Ogden, Edmondson, Orr, Mastin, Conway, Brown, Kessler, Linville, Kremen, Sommers, H. Myers and Shin
AN ACT Relating to health care services for inmates; and amending RCW 72.10.020 and 72.10.030.
Referred to Committee on Corrections.
HB 2312 by Representatives Morris, Long, L. Johnson, Holm, Ogden, Quall and Talcott
AN ACT Relating to juvenile institutions; and creating new sections.
Referred to Committee on Corrections.
HB 2313 by Representatives J. Kohl, Cothern, Carlson, Karahalios, Dorn, King and Brumsickle
AN ACT Relating to schools; amending RCW 9.41.280, 13.32A.040, 28A.225.160, and 13.40.080; reenacting and amending RCW 42.17.310; adding a new section to chapter 28A.415 RCW; and providing an effective date.
Referred to Committee on Judiciary.
HB 2314 by Representatives Morris, Long, Orr, Van Luven, Johanson, Campbell, Brough, Basich, Quall, Chandler, Kremen and Talcott
AN ACT Relating to juvenile offenders; and amending RCW 13.40.110.
Referred to Committee on Judiciary.
HB 2315 by Representatives Bray, Casada, Fuhrman and King; by request of Department of Community Development
AN ACT Relating to confidentiality of enhanced 911 information; reenacting and amending RCW 42.17.310; and providing an effective date.
Referred to Committee on Energy & Utilities.
HB 2316 by Representatives Peery, Horn, Ebersole, Ballard, Van Luven, Pruitt, Johanson, Patterson, Flemming, Bray, Dunshee, Jones, Valle, King, Cothern, Campbell, Brough, Karahalios, Basich, Quall, Springer, J. Kohl, H. Myers and Anderson; by request of Commission on Ethics in Government & Campaign Financing, Governor Lowry and Attorney General
AN ACT Relating to ethics in public service; amending RCW 42.18.270, 42.18.217, 42.18.230, and 42.18.260; adding a new section to chapter 42.23 RCW; adding a new chapter to Title 42 RCW; creating a new section; recodifying RCW 42.18.217, 42.18.230, 42.18.260, 42.18.270, 42.18.330, and 42.22.050; repealing RCW 42.18.010, 42.18.020, 42.18.030, 42.18.040, 42.18.050, 42.18.060, 42.18.070, 42.18.080, 42.18.090, 42.18.100, 42.18.110, 42.18.120, 42.18.130, 42.18.140, 42.18.150, 42.18.170, 42.18.180, 42.18.190, 42.18.200, 42.18.210, 42.18.213, 42.18.215, 42.18.221, 42.18.240, 42.18.250, 42.18.280, 42.18.290, 42.18.300, 42.18.310, 42.18.320, 42.18.900, 42.20.010, 42.21.010, 42.21.020, 42.21.030, 42.21.040, 42.21.050, 42.21.080, 42.21.090, 42.22.010, 42.22.020, 42.22.030, 42.22.040, 42.22.060, 42.22.070, 42.22.120, 44.60.010, 44.60.020, 44.60.030, 44.60.040, 44.60.050, 44.60.070, 44.60.080, 44.60.090, 44.60.100, 44.60.110, 44.60.120, and 44.60.130; and prescribing penalties.
Referred to Committee on State Government.
HB 2317 by Representatives Peery, Anderson, Ebersole, Pruitt, Johanson, Patterson, Rust, Dunshee, Jones, Valle, King, Cothern, Campbell, Basich, Quall, Springer, J. Kohl and H. Myers; by request of Commission on Ethics in Government & Campaign Financing, Governor Lowry and Attorney General
AN ACT Relating to fair campaign practices; amending RCW 42.17.020, 42.17.130, 42.17.190, 42.17.240, 42.17.241, 42.17.350, 42.17.405, 42.17.410, 42.17.660, 42.17.720, 42.17.740, 42.17.750, 42.17.770, 42.17.780, 42.17.790, 42.17.100, 42.17.125, 42.17.510, 42.17.090, 42.17.105, 42.17.640, 42.17.128, 42.17.510, 29.85.060, 43.290.020, 42.17.710, 42.17.395, 42.17.095, 42.17.160, 42.17.170, 42.17.132, 43.07.310, 29.80.010, 29.80.020, 29.81.010, 29.80.040, and 29.80.090; adding new sections to chapter 42.17 RCW; creating new sections; and repealing RCW 42.17.021, 42.17.2415, and 42.17.630.
Referred to Committee on State Government.
HB 2318 by Representatives Wolfe, Holm, Foreman, J. Kohl, Romero, Anderson, Scott, Orr, Sheldon, Wineberry, L. Johnson and Quall
AN ACT Relating to possession of dangerous weapons by juveniles in or near certain areas; amending RCW 9.41.280, 13.40.265, and 46.20.265; creating a new section; and prescribing penalties.
Referred to Committee on Judiciary.
HJM 4026 by Representatives Shin, Wineberry, Valle, Linville, Hansen, Quall, Basich, Grant, Forner, Patterson, Johanson, Sheldon, Leonard, Schoesler, Campbell, Lisk, Chandler, Foreman, Kremen, Springer and J. Kohl
Requesting that federal law be amended to allow foreign-flagged cruise ships between U.S. ports.
Referred to Committee on Trade, Economic Development & Housing.
HJM 4027 by Representatives Patterson, Chandler, Sheahan, Brown, Campbell, Shin, Karahalios, Cothern, Dorn, Conway, Romero, Basich, B. Thomas, Stevens, Pruitt, Johanson, Wineberry, King, Brough, L. Johnson, Quall and H. Myers
Requesting federal legislation requiring that televisions be equipped to enable parents to block out violent programs and to reduce violence on television.
Referred to Committee on Energy & Utilities.
HJR 4214 by Representatives G. Cole, Dorn, Brumsickle, Pruitt, Patterson, Rust, Sheldon, Leonard, Jones, Wineberry, Valle, Eide, King, Cothern, Carlson, Holm, Ogden, L. Johnson, Quall, Springer and J. Kohl; by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction
Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.
Referred to Committee on Education.
HJR 4215 by Representatives Appelwick, Van Luven, Johanson, Sheldon, Dunshee, Padden, Schoesler, Campbell, Brough, Carlson, Karahalios, Conway, Brown, Lisk, Chandler and J. Kohl
Amending the Constitution to allow the legislature to enact curfews for persons under eighteen.
Referred to Committee on Judiciary.
HJR 4216 by Representatives Peery, Horn, Ebersole, Ballard, Van Luven, Pruitt, Johanson, Patterson, Flemming, Dunshee, King, Brough, Basich, Springer and J. Kohl; by request of Commission on Ethics in Government & Campaign Financing, Governor Lowry and Attorney General
Constitutionally authorizing the establishment of a system prescribing ethical conduct for state judicial branch officers and employees.
Referred to Committee on State Government.
MOTION
On motion of Representative Peery, the bills, memorials and resolutions listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the fifth order of business.
REPORT FROM THE RULES COMMITTEE TO THE HOUSE
HB 1178 Referred to Committee on Environmental Affairs.
HB 1194 Referred to Committee on State Government.
HB 1241 Referred to Committee on Commerce & Labor.
HB 1242 Referred to Committee on Commerce & Labor.
HB 1327 Referred to Committee on Energy & Utilities.
HB 1425 Referred to Committee on Commerce & Labor.
SHB 1457 Referred to Committee on Education.
HB 1513 Referred to Committee on Transportation.
HB 1565 Referred to Committee on Commerce & Labor.
HB 1571 Referred to Committee on Revenue.
HB 1633 Referred to Committee on Energy & Utilities.
HB 1706 Referred to Committee on Natural Resources & Parks.
HB 1719 Referred to Committee on State Government.
HB 1816 Referred to Committee on Environmental Affairs.
HB 1866 Referred to Committee on State Government.
HB 1874 Referred to Committee on State Government.
HB 1895 Referred to Committee on Revenue.
HB 1953 Referred to Committee on Energy & Utilities.
HB 1980 Referred to Committee on Natural Resources & Parks.
HB 2058 Referred to Committee on Revenue.
HB 2059 Referred to Committee on Revenue.
HJM 4014 Referred to Committee on Natural Resources & Parks.
HJR 4213 Referred to Committee on Revenue.
HB 1371 Referred to Committee on Energy & Utilities.
HB 1732 Referred to Committee on Energy & Utilities.
HB 1753 Referred to Committee on Corrections.
SHB 1009 Referred to Committee on Judiciary.
HB 1112 Referred to Committee on Financial Institutions & Insurance.
SHB 1122 Referred to Committee on Local Government.
HB 1155 Referred to Committee on Corrections.
SHB 1190 Referred to Committee on State Government.
SHB 1235 Referred to Committee on Judiciary.
HB 1243 Referred to Committee on Commerce & Labor.
ESHB 1268 Referred to Committee on State Government.
HB 1277 Referred to Committee on Transportation.
SHB 1287 Referred to Committee on Commerce & Labor.
ESHB 1298 Referred to Committee on Education.
EHB 1330 Referred to Committee on Commerce & Labor.
ESHB 1399 Referred to Committee on Energy & Utilities.
ESHB 1441 Referred to Committee on Environmental Affairs.
ESHB 1442 Referred to Committee on Natural Resources & Parks.
ESHB 1445 Referred to Committee on Commerce & Labor.
ESHB 1471 Referred to Committee on Fisheries & Wildlife.
SHB 1514 Referred to Committee on Higher Education.
ESHB 1603 Referred to Committee on Higher Education.
SHB 1681 Referred to Committee on State Government.
ESHB 1688 Referred to Committee on Trade, Economic Development & Housing.
HB 1690 Referred to Committee on Environmental Affairs.
SHB 1703 Referred to Committee on Energy & Utilities.
ESHB 1739 Referred to Committee on State Government.
ESHB 1771 Referred to Committee on Fisheries & Wildlife.
ESHB 1776 Referred to Committee on Trade, Economic Development & Housing.
SHB 1781 Referred to Committee on Environmental Affairs.
SHB 1795 Referred to Committee on Judiciary.
SHB 1814 Referred to Committee on Environmental Affairs.
HB 1833 Referred to Committee on Judiciary.
SHB 1844 Referred to Committee on Natural Resources & Parks.
EHB 1925 Referred to Committee on Fisheries & Wildlife.
HB 1940 Referred to Committee on Fisheries & Wildlife.
ESHB 1949 Referred to Committee on Revenue.
HB 1975 Referred to Committee on Appropriations.
SHB 1976 Referred to Committee on Judiciary.
HB 1984 Referred to Committee on Transportation.
ESHB 1999 Referred to Committee on Energy & Utilities.
SHB 2003 Referred to Committee on Corrections.
SHB 2007 Referred to Committee on Revenue.
HJM 4009 Referred to Committee on Environmental Affairs.
JOINT SESSION
The Sergeant at Arms announced the arrival of the Senate at the bar of the House.
The Speaker instructed the Sergeants at Arms of the House and Senate to escort the President of the Senate, Joel Pritchard; President Pro Tempore, Lorraine Wojahn; Vice President Pro Tempore, Al Williams; Majority Leader, Marc Gaspard; and Minority Leader, George Sellar to seats on the rostrum.
The Speaker invited the Senators to seats within the House Chamber.
The Speaker presented the gavel to President Pritchard.
APPOINTMENT OF SPECIAL COMMITTEES
The President of the Senate appointed Representatives Dellwo and Sheahan and Senators Smith and Nelson as a special committee to advise His Honor the Chief Justice of the Supreme Court, James Anderson, that the Joint Session had assembled, and to escort him from the State Reception Room to the bar of the House of Representatives.
The President of the Senate appointed Representatives Morris, Eide and Tate and Senators Loveland, McAuliffe, Prince and Hochstatter as a special committee to escort the Supreme Court Justices from the State Reception Room to seats within the House Chamber.
The President of the Senate appointed Representatives Flemming, Cothern and McMorris and Senators Owen and Smith as a special committee to escort the State Elected Officials from the State Reception Room to seats within the House Chamber.
The President of the Senate introduced the Supreme Court Justices and the State Elected Officials.
REMARKS BY PRESIDENT PRITCHARD
President Pritchard: We are pleased to present the Supreme Court Justices here today and a special welcome back to our old friend Justice Jim Dolliver. Justice Dolliver, recuperated from medical difficulties, has been a member of the court since 1975. He served as Chief of Staff for Governor Dan Evans from 1964-75, and as Chief Justice in 1985-86, he is beloved by citizens across our state and it is a delight to have him back in these chambers. Justice Dolliver, we are very happy to see you here with us today. The President would also like to recognize Mrs. Barbara Dolliver in the north gallery, here today for Chief Justice Anderson's speech.
The President welcomed the Governor, Mike Lowry.
The Clerk of the House called the roll of the House and a quorum was present.
The Secretary of the Senate called the roll of the Senate and a quorum was present.
The President of the Senate called the Joint Session to order.
REMARKS BY PRESIDENT PRITCHARD
President Pritchard: It's a great pleasure for me to introduce the Chief Justice. We came to this body and sat in the back and naturally we were seat-mates in 1959. In those days, freshmen hardly talked or were hardly recognized and we were pretty silent through that session. That's the last time the Chief Justice was silent. It's good to see the Chief Justice and the Governor sitting side by side. It's not always been the case in our state. Back in 1856 Governor Stevens declared martial law and the Chief Judge by the name of Landers came down to Olympia and held the Governor in contempt and fined him $50.00. With that, the Governor threw the Chief Justice in jail and kept him there for three days. Finally they worked out their differences. So it's nice to see that today the members of our government, the different branches, are working together, because certainly, the issues and problems of our state call for that type of cooperation. Chief Justice Anderson was a coal miner, a combat infantryman, deputy prosecutor, trial lawyer, State Representative, State Senator, Court of Appeals, Chief Judge of Division 1 of his Court of Appeals, and Justice now and Chief Justice of the State of Washington Supreme Court. Chief Justice Anderson has had a very rich and long career in our state and in service to our state and I know we all look forward to the message he is bringing today on a subject that is so vital to all our state. Chief Justice James Anderson.
STATE OF THE JUDICIARY ADDRESS
BY CHIEF JUSTICE JAMES A. ANDERSON
Justice Anderson: Thank you Mr. Speaker, Mr. President, Senators, Representatives, Distinguished Public Officials and Guests.
I thank the Legislature for its kind invitation to present this first ever State of the Judiciary Address to a Joint Session of the Legislature.
As such, it is an historic occasion. I would hope that you might consider making it a regular event at least once a biennium. It could add greatly to the comity between the 3 branches of our state government: legislative, executive and judicial.
Needless to say, this occasion also brings back warm memories of the years when I once sat where you now sit. Those were pleasant years. In these chambers, I was taught Parliamentary Law and Procedure 101 by House Speaker John L. O'Brien. Then later, across the rotunda, I took a post graduate course in the same subject from that grand and gentle man, the late Governor John A. Cherberg, who was assisted in teaching the subject by the then Secretary of the Senate, now Senator, Sid Snyder. I also took a few seminars in State Budget 201 across the way in the Senate from a bright, knowledgeable young man who once staffed the Senate Ways and Means Committee, Mike Lowry, and to whom I administered the oath of Governor on this same podium just 1 year ago tomorrow.
What is the state of the State of Washington Judiciary?
Fundamentally, it is one of the very best state judicial systems in the United States -- if not, THE BEST. But it is noticeably bowed under the weight of ever increasing case filings, while at the same time absorbing heavy budget cuts in our relatively slim judicial budget. The judicial budget, as you will recall, is less than one half of one percent of the total state general fund budget!
Well you may ask, what is the cause of our burgeoning caseload? To which I would respond, "primarily four things: population growth; new laws enacted by the Legislature in response to public demand; a growing number of youthful offenders; and finally, of course, rampant drug crimes." A few weeks ago the Census Bureau announced that in the year ending last July 1st -- and I found this surprising in view of the state of our economy -- the population of our state grew by 2.2 percent, twice the national rate. More people; more litigation. As for the additional workload resulting from new legislation, permit me to remind you of a few of those enactments.
The Domestic Violence Prevention Act created a new cause of action in both superior and district courts. Those cases have had a dramatic impact on both of those courts. Because of the urgent nature of domestic violence cases, requests for protective orders must be heard immediately, often disrupting scheduled cases and delaying other litigants waiting to have their cases heard.
Another is the Sentencing Reform Act (SRA). "You do the crime, you serve the time." While the SRA provided equality in sentencing, it also spawned a huge increase in the number of trials and appeals in our courts. Criminal bench trials in superior court alone increased 16 percent in the 1 year period from 1991-1992. Defendants in criminal cases who find they cannot plea bargain, often feel that they have nothing to lose by going to trial and then appealing to a higher court -- usually at public expense because of their indigency. Much the same thing is true in Driving Under the Influence (DUI) cases, where the law seems to be changed each session and where penalties have become increasingly harsh.
Oftentimes also, new laws are required to pass constitutional muster, sometimes resulting in extensive litigation. An example of this is our state's unique Sexual Predator Law which our State Supreme Court recently upheld.
I could go on and on but I trust I have made my point.
As to the epidemic of youth crimes, Governor Lowry spoke eloquently to that yesterday in his State of the State Message. There is nothing I can add to his words. As to drug crimes, well, tragically they are there for all of us to see.
Washington courts are now processing about 2.5 million cases a year. In the foreseeable future, I do not anticipate any relief from the increasing caseloads. The President of the United States has announced that he is going to put 100,000 more police officers on the streets. I assume some of these new officers will be on the streets in our state. More officers; more arrests; more cases in our system. The same is true of the $13 million plus requested by the Governor to combat juvenile violence. That, too, will mean more cases in our judicial system, which has already experienced a 10 percent increase in the number of juvenile cases filed last year.
You are entitled to also ask, indeed demand, to know how well this state's judiciary is doing in handling its ever increasing caseload.
It is doing very well to my view -- but not nearly as well as we would like. The reason we are doing well at all is primarily due to the superb efforts of a well trained, highly professional and very competent bench. The 400 or more judges at all levels of our state court system are dedicated to performing their jobs well and doing so in the highest and best traditions of the judiciary.
I would be remiss if I didn't also add that the very rapidly growing number of women and minority judges in our state has been enormously helpful to our whole judicial system and the difficult job we have to do. In fact, my colleague Justice Barbara Durham, who will succeed me as Chief Justice next year, will be the first woman Chief Justice in our state's history. Beginning under the leadership of Justice Brachtenbach, when he was serving as Chief Justice, and continuing over the ensuing years, we developed the first successful automated judicial support system of any state in the nation. Computers have almost literally taken the place of pen and paper in much of the modern judiciary. We have had a steady stream of judicial administrators and judges from other states coming out here to "see how Washington does it". Our programs and policies have been adopted by other courts throughout the country. It is only this support system, along with hard working staffs, that have permitted our judges and courts to function as well as they have. But for that, we would have long since gone down for the third time.
I am well aware that the mere mention of the word "computer" raises the hackles on some of you. I, too, have some bitter memories, going back to my legislative days, about the financial hits the state has taken on failed computer programs. But consider this, if you will. A study and evaluation of state computer systems was just recently undertaken by the State Department of Information Services. In its 1992 report, "Information Technology in Washington State", the figures set out show that our Judicial Information System (JIS) is Number 1 in the number of people served, but only 16th in the number of people it employs and 16th in costs. Add to this that not one dollar of tax revenues was used to support JIS; it was entirely paid for out of court penalties and fines. In connection with JIS, I would like to mention an aspect of it which we have developed but which is not yet in every court that needs it. This is the District and Municipal Court Information System (DISCIS). DISCIS not only provides invaluable help to trial judges in managing their dockets and following up on fine collections, but it also greatly assists them in bringing repeat offenders to justice.
At a time when our citizens are becoming increasingly concerned about their personal safety, this latter point deserves more than passing mention. Permit me to explain. Several years ago, we began installation of DISCIS, which is essentially an integrated computer system for the courts, in counties and cities. It was to be installed first in our State's 80 largest district and municipal courts. Later, as funds permitted, it was to be put into other, smaller courts. A hallmark of this new and improved system was -- and is -- its ability to track offender records statewide. If a person is convicted of driving under the influence of intoxicating liquor or drugs (DUI) in one jurisdiction, then later appears before a judge in another, that second judge can discover the defendant's previous record by simply turning on a computer, namely DISCIS. As you can well appreciate, this type of information is absolutely critical to a trial judge's bail and sentencing decisions.
DISCIS was built, tested and successfully installed in the initially targeted 80 courts at a total cost of just under $11 million -- about a third of what it cost to build some of the other, not-so-successful, state systems during the same period. But funds to put DISCIS into the 40 or more courts that now want them and need them -- like those in Port Orchard, Poulsbo, Kent and Walla Walla, for example, were sidelined by the budget cuts we took in 1992. As a result, judges in one of these smaller jurisdictions could well have a third or fourth time drunk-driving offender before them and not know it. The offender could "bail out", to offend again, perhaps even to injure or to kill. I hope that you will agree with me and the leadership of our state judiciary that it is absolutely essential to an effective judiciary to have this tool in every court that needs it.
In order to better manage our judicial system, we have also developed standards for the performance of our courts. Judges, court personnel, lawyers and other citizens are now testing these standards in 3 counties: Spokane, Thurston and Whatcom.
We have continually worked closely with the Legislature to reduce the costs of our jury system. Washington has been recognized by both the National Center for State Courts and the American Bar Association for its leadership in establishing jury standards.
For the reasons I have talked about, in many of our trial courts it is a constant war against court congestion and delay. Some significant battles have been won on this front.
In 1986, for example, in the Superior Court of the county where almost a third of our state's population live and work, the Superior Court in King County was facing as much as a 3 year delay in the trial of civil cases. Parenthetically, as you probably know, criminal cases must be given priority in trial settings; a defendant in custody has the right to be tried in 30 days, and if out on bail, within 60 days. After 7 years of volunteer help from judges across the state, and helped along by a small investment of state resources, that court has now substantially eliminated civil case delay. Currently, 90 percent of its cases are completed within 20 months of filing. Furthermore, 90 percent of King County's divorce and custody cases are resolved within just 13 months. These improvements -- these efficiencies, if you will, in the handling of the business of the taxpaying public -- were attained with only a minimum of additional taxpayer dollars. Again this was accomplished through the forceful leadership of the King County Superior Court bench, and with great assistance from the court's administrative staff and the King County Bar.
A case that we heard oral arguments on in my court yesterday is a case that will determine the outcome of several hundred pending driving under the influence (DUI) cases. The trial courts have issued conflicting rulings on the issues involved in that case so we will resolve the issues one way or the other. By our reaching down, as it were, to the trial courts and taking direct review of these cases, we have probably speeded up the review process by one or two years.
When our decision is handed down, it will also directly affect thousands of as yet untried DUI cases. Hopefully, whatever our decision, this will greatly relieve the huge backlog of DUI cases that has developed.
The Judiciary has done a great deal more than just process caseloads. We have acted in numerous other ways to improve the quality of justice administered in all of the courts of our state.
I have just recently been informed, for example, that the state court interpreter standards we developed here in Washington are now being used as the recommended model for other states to follow.
In the view of many in the court system, our state's judiciary leads the nation in its efforts to recognize cultural and gender diversity. Our Minority & Justice Commission, co-chaired by Justice Charles Z. Smith and Justice James M. Dolliver, and our Gender & Justice Task Force have also become national models.
I would like to take the liberty, if I may, to commend the Legislature's efforts, and those of the members of the Commission on Ethics in Government and Campaign Practices headed by Governor Lowry and Attorney General Gregoire, for what they are doing to establish enforceable ethical standards in government. As you know, the State Commission on Judicial Conduct, a majority of whose members are laypersons, has demonstrated that such an approach can help build citizen confidence in public officials.
The Judiciary, too, has been diligent in the matter of Ethics. In 1992, the Rules Committee of the Supreme Court, which I chaired, appointed a task force to review this state's somewhat aged Code of Judicial Conduct. This is the ethical code established by the Supreme Court under its rulemaking authority and whose canons establish the ethical rules which every judge in the state is required to abide by. That task force, which consists of judges of all levels of court appointed by their respective court associations, along with others such as lay members, are charged with reviewing the entire code, as well as other recommended judicial conduct codes, to see if our existing judicial code requires updating or can be improved in any way. This task force has held public hearings throughout the state and its report to our court is expected shortly.
Further in the ethical arena, the Supreme Court of this state has the ultimate responsibility within the state for the administration of lawyer discipline. In this connection we have adopted both an ethical code (Rules of Professional Conduct) and a procedural code (Rules For Lawyer Discipline), which each lawyer must follow or face discipline by the State Bar Association and the Supreme Court. The Rules for Lawyer Discipline have not been significantly modified since 1983, before the Bar so greatly increased in size. We now have some 18,400 lawyers licensed to practice law in this state. Last year, the State Bar Association and the Supreme Court jointly requested that the American Bar Association (ABA) completely review our bar discipline rules and procedures and recommend such changes and improvements as it felt were indicated.
I emphasize that this project was not engendered by any perceived problem in the lawyer discipline area, but rather was by way of evaluating and improving the current system. We have a good bar discipline system in this state. But again, it will benefit from updating and modernizing.
The ABA report has now been received. I am pleased at this time to announce the appointment of a 15-person task force of judges, lawyers and laypersons, for the purpose of fully reviewing the ABA report and recommendations, holding such hearings as are indicated and then to report back its recommendations for implementation to the Supreme Court. This task force will be jointly chaired by myself and Mr. Paul Stritmatter of Hoquiam, President of the Washington State Bar Association. I might also add that the other Supreme Court members of the task force will be Justice Charles Z. Smith and Justice Richard Guy.
Let me now talk a bit more about budgets, and particularly about the savings that we in the judiciary have instituted.
As I mentioned at the outset of my remarks, and would like to again emphasize, the judiciary's budget is less than 1/2 of 1% of all funds spent each year by the state.
All of us in the judiciary well recognize the need for continuing economy and fiscal responsibility in government. Hopefully, my presence here today demonstrates the willingness of the judiciary to work with you to initiate meaningful responses to taxpayer demands for efficiency and accountability in government.
The judiciary in Washington continues to respond to these demands.
Budget proposals you have before you at this session are reported by the press to represent the smallest biennial increase in state general fund expenditures in the last 20 years -- 3.6 percent as compared to a previous biennial average increase of 10 1/2 percent.
But in the judicial branch of government, our general fund average annual increase has been far below those figures -- less than 1 percent per annum since 1989!
Members of the Legislature, during a period when the rest of state government was experiencing double digit general fund increases, the state judiciary's share of the general fund remained virtually unchanged.
We applaud recent initiatives by the Legislature to bring accountability to state spending, and the executive branch's creation of a special efficiency commission to ferret out unnecessary costs. We know this approach works; 2 years ago we initiated a similar program of our own. Let me share a few results of that program with you:
. . . Since the 1989-91 biennium, we have reduced our travel expenditures by more than 50 percent.
. . . By order, the Supreme Court imposed a cap on staff salaries at the level recommended by the Governor.
. . . In 1993, we eliminated several new programs at a savings of nearly $670,000 per biennium, and
. . . In 1993, we tightened our personal belts and recommended to the State Salary Commission that all judicial salaries be frozen at 1992 levels.
. . . In 1991 and 1992, we matched executive and legislative branch budget reductions cut for cut.
There are other day-to-day actions we have taken to create efficiencies and cost savings in the judicial branch. One example is that since 1991 we have provided support services for a law enforcement scheduling system in the Tacoma District Court. Basically this system allows the court to more efficiently schedule their cases to reduce the amount of overtime required for law enforcement officers to appear as witnesses. In fact, the new scheduling system has reduced Washington State Patrol overtime costs by 68 percent. Another example is that through an energy-saving program begun last year, we now save $1,200 a month in electrical costs.
Overall, this state's judiciary is a budget bargain. What low growth budget increases we have had, have been considerably lower than cost of living increases. New economies are being effected almost daily.
Consider also, each biennium our judicial information system tracks and collects more than $200 million in state and local revenues which you and local government subdivisions then get and are able to appropriate for such uses as you deem fit. The amount collected is double the budget of our entire judicial branch of government!
Our heavy budget cuts have not been without pain. The fondest ambition of my life has been to put a "literacy in the courts" program into effect during my term as Chief Justice. I have spent years planning for that. This simply cannot be done given the judiciary's present budgetary constraints. Senator Talmadge, some House Members and, of course, Governor Pritchard, who has long been active in this field, are working on much needed literacy legislation. I pass the torch to them, and pledge every bit of support I can muster to aid their efforts. Hopefully, in the not too distant future, everyone, and particularly juveniles, will be given a simple literacy test upon entering the criminal justice system, and can then be matched to a program in one of the many organizations in this state battling illiteracy. If a person cannot read a want ad or fill out an employment application, how in the world is he or she ever going to break their deadly cycle of recividism?
Permit me to briefly discuss one final topic, which is as important to the Legislative branch of government as it is to the Judicial and Executive branches. This is something which is at the very core of our democratic form of government, the Separation of Powers Doctrine. It is something which we so much take for granted that it can sometimes be forgotten or overlooked. As William Shakespeare expressed it in his Sonnets: "Sweets grown common lose their dear delight."
I would like to cite you to "a case in point", as we are wont to say in my profession. The case is Washington State Motorcycle Dealers Ass'n v. State, 111 Wn.2d 667, a 1988 opinion of the State of Washington Supreme Court. Plaintiffs in that case sought a declaratory judgment invalidating Governor Booth Gardner's vetoes of numerous parts of the Motorcycle Dealers Franchise Bill. Our court held that under Article 3, Section 12 (62nd Amendment), the Veto Powers Clause of our State Constitution, gubernatorial vetoes of less than entire sections of nonappropriation bills are void. A number of the vetoes were thus declared invalid.
During the course of the Motorcycle Dealers opinion, the Court discussed the Separation of Powers Doctrine, and that is why I cite you to this case. We said as follows:
The importance of the case before us is that it deals directly with one of the cardinal and fundamental principles of the American constitutional system, both state and federal: the separation of powers doctrine. "It has been declared that the division of governmental powers into executive, legislative, and judicial represents probably the most important principle of government declaring and guaranteeing the liberties of the people, and preventing the exercise of autocratic power, and that it is a matter of fundamental necessity, and is essential to the maintenance of a republican form of government."
(Footnotes omitted. Italics mine.) This opinion is a part of the constitutional law of this state.
While as it happens I wrote the majority opinion for the Court which I just quoted, the Separation of Powers Doctrine language did not originate with me; it goes back centuries. James Madison, a principal author of the Constitution of the United States, expressed it more eloquently when he wrote this:
"The accumulation of all powers, legislative, executive, and judicial, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
(Italics mine.)
Part of your job and mine is to preserve open government and prevent the tyranny our forbearers sought to eliminate by recognizing, as well as abiding by, the separate powers and responsibilities entrusted to each of us by the people.
So when the push and pull of Olympia tempts you to trade all the phone calls and letters for a 40-hour week and a good book, remember that the people chose us -- not to promise but to produce, not to pacify but to protect, and not to compete but to cooperate.
Thank you for inviting me to share this time with you. It has been a genuine privilege and honor.
The President of the Senate instructed the special committee to escort Chief Justice James Anderson and the other Supreme Court Justices to the State Reception Room.
The President of the Senate instructed the special committee to escort the State Elected Officials from the House Chamber.
MOTION
On motion of Representative Peery, the Joint Session was dissolved.
The President of the Senate returned the gavel to the Speaker of the House of Representatives.
The Speaker instructed the Sergeants at Arms of the House and Senate to escort the President of the Senate Joel Pritchard; President Pro Tempore, Lorraine Wojahn; Vice President Pro Tempore, Al Williams; Majority Leader, Marc Gaspard; and Minority Leader, George Sellar and members of the Senate from the House Chamber.
There being no objection, the House advanced to the eighth order of business.
MOTIONS
On motion of Representative Peery, House Bill No. 2147 was rereferred from the Committee on Appropriations to the Committee on Higher Education.
On motion of Representative Peery, House Bill No. 2226 was referred from the Committee on Local Government to the Committee on Environmental Affairs.
There being no objection, the House advanced to the eleventh order of business.
STANDING COMMITTEE ASSIGNMENTS
The Speaker announced the following revisions to committee assignments:
Representative Caver is assigned to Committees on Energy & Utilities, Human Services and Revenue.
Representative Moak is assigned to Committees on Corrections, Local Government and Capital Budget.
Representative Orr is assigned to Committee on Rules.
Representative Quall is assigned to Committee on Fisheries & Wildlife.
Representative Romero is removed from Committee on Local Government.
MOTION
On motion of Representative Peery, the House adjourned until 10:00 a.m., Friday, January 14, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk