NOTICE: Formatting and page numbering in this document may be different

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THIRD DAY


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MORNING SESSION


------------


Senate Chamber, Olympia, Wednesday, January 12, 1994

      The Senate was called to order at 11:00 a.m. by President Pritchard. 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

GUBERNATORIAL APPOINTMENT

January 11, 1994

GA 9408            JIM JESERNIG, appointed November 10, 1993, for a term ending at the Governor's pleasure, as Director of the Department of Agriculture.

                           Reported by Committee on Agriculture


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; Anderson, Bauer, Morton, Snyder.


      Passed to Committee on Rules.


CHANGES IN STANDING COMMITTEE ASSIGNMENTS


      The President announced the following changes in the Standing Committee assignments: Senator Deccio is removed from the Committee on Trade, Technology and Economic Development and added to the Committee on Labor and Commerce. Senator Cantu is removed from the Committee on Labor and Commerce and added to the Committee on Trade, Technology and Economic Development.


MOTION


      On motion of Senator Spanel, the changes in the Standing Committee assignments were confirmed.


REPORT OF SELECT COMMITTEE


STATE OF WASHINGTON

COMMISSION ON ETHICS IN GOVERNMENT

AND CAMPAIGN PRACTICES

406 Legion Way SE Post Office Box 43130

OLYMPIA, WASHINGTON 98504-3130


January 6, 1994


The Honorable Mike Lowry

Governor of the State of Washington

Legislative Building


The Honorable Christine O. Gregoire

Attorney General of the State of Washington

905 Plum Street, Building 3


The Honorable James A. Andersen

Chief Justice of the Supreme Court of the State of Washington

Temple of Justice


The Honorable Marty Brown

Secretary of the Senate

Legislative Building


The Honorable Marilyn Showalter

Acting Chief Clerk of the House of Representatives

Legislative Building

Olympia, Washington 98504


Ladies and Gentlemen:

      The Commission on Ethics in Government and Campaign Practices is pleased to provide the following report and recommendations. As directed by the authorizing statute, we are confident that these recommendations will promote public trust and confidence in government, promote fair campaign practices, and ensure the effective administration of public disclosure, conflict of interest and ethics laws.

      Thank you for this opportunity to serve the citizens of the State of Washington on these important and challenging issues.

Sincerely,

HUBERT LOCKE                                                                                                                                                             DELORES TEUTSCH

Co-Chair                                                                                                                                                                                                  Co-Chair


      The Report of the Select Committee is on file in the Office of the Secretary of the Senate.


REPORT OF SELECT COMMITTEE


WATER RIGHTS FEES

TASK FORCE

FINAL REPORT TO THE LEGISLATURE


January 6, 1994


Marty Brown, Secretary

Washington State Senate


Marilyn G. Showalter, Acting Chief Clerk

Washington State House of Representatives


Dear Mr. Brown and Ms. Showalter:

      Section 3 of Engrossed Substitute House Bill No. 1236, enacted during the 1993 Regular Session, required the appointment of a Water Rights Fees Task Force. The legislation assigned the Task Force a number of duties and, as indicated in the following, directed it to provide certain specific recommendations and proposals:

      "...the task force shall:

      (a) Provide recommendations to the department of ecology on ways to improve the efficiency and accountability of the water rights program;

      (b) Provide recommendations to the legislature on statutory changes necessary to make these efficiency and accountability improvements; and

      (c) Propose a new fee schedule for the water rights program which incorporates the results of the task force's work and which funds through fees fifty percent of the cost of the activities and services provided by the program." (Section 3(3), Chapter 459, Laws of 1993.)

      A list of the members of the Task Force is enclosed. The Task Force was first convened on September 9, 1993; it conducted a total of nine meetings in carrying out its duties.

      This report of the Water Rights Fees Task Force contains the policies recommended by the Task Force for improving the efficiency and accountability of the state's water rights program, the changes in statute recommended by the Task Force for implementing those policies, and new fee schedules proposed by the Task Force for the water rights program. Attached to the report are minority recommendations from members of the Task Force.

Sincerely,


SENATOR MARILYN RASMUSSEN                                                                                                                             MERLE R. GIBBENS

Task Force Co-Chair                                                                                                                                                             Task Force Co-Chair


      The Report of the Select Committee is on file in the Office of the Secretary of the Senate.


MESSAGE FROM THE HOUSE

January 11, 1994


MR. PRESIDENT:

      The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8418, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 6077             by Senators Skratek, Wojahn, McAuliffe, Loveland, Hargrove, Sheldon, Quigley, Drew, Haugen, Prentice, M. Rasmussen, Franklin, Fraser, Pelz, Winsley and Spanel

 

AN ACT Relating to informed consent for hysterectomies; adding a new section to chapter 18.71 RCW; adding a new section to chapter 18.57 RCW; 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 Health and Human Services.

 

SB 6078             by Senators Talmadge, Deccio and Fraser

 

AN ACT Relating to liability for the cleanup of hazardous waste sites; amending RCW 70.105D.040; and adding new sections to chapter 70.105D RCW.

 

Referred to Committee on Ecology and Parks.

 

SB 6079             by Senators Talmadge, Deccio, Fraser, Winsley and Oke

 

AN ACT Relating to public notice of significant releases of hazardous substances; adding new sections to chapter 70.105D RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Ecology and Parks.

 

SB 6080             by Senators Owen, Oke, Hargrove, Amondson, Haugen, Snyder, Morton, M. Rasmussen and Roach

 

AN ACT Relating to wrongful property damage to agricultural and forest lands; adding a new section to chapter 4.24 RCW; creating a new section; and prescribing penalties.

 

Referred to Committee on Natural Resources.

 

SB 6081             by Senators Haugen, Deccio, Bauer and Winsley

 

AN ACT Relating to on-site sewage additives; and amending RCW 70.118.020.

 

Referred to Committee on Ecology and Parks.

 

SB 6082             by Senators Snyder, Bluechel, Amondson, Skratek, Hargrove, Sheldon, Owen, M. Rasmussen, Oke and Erwin

 

AN ACT Relating to the center for international trade in forest products; amending RCW 76.56.020, 76.56.050, 43.131.333, and 43.131.334; adding a new section to chapter 28B.50 RCW; and providing an effective date.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 6083             by Senators Moore, Amondson, Prentice, Prince and Erwin (by request of Attorney General)

 

AN ACT Relating to mortgage brokers and loan originators; amending RCW 19.146.005, 19.146.010, 19.146.020, 19.146.020, 19.146.0201, 19.146.200, 19.146.205, 19.146.210, 19.146.220, 19.146.225, 19.146.230, 19.146.235, 19.146.030, 19.146.040, 19.146.060, 19.146.240, 19.146.245, 19.146.260, 19.146.265, 19.146.100, and 19.146.280; adding new sections to chapter 19.146 RCW; repealing RCW 19.146.270; repealing 1993 c 468 s 27 (uncodified); prescribing penalties; providing an effective date; and declaring an emergency.

 

Referred to Committee on Labor and Commerce.

 

SB 6084             by Senator Vognild (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.

 

SB 6085             by Senators Fraser and Haugen

 

AN ACT Relating to the enforcement of the cleanup of hazardous waste sites and exemptions from state and local permit requirements; amending RCW 70.105D.020, 70.105D.030, 70.105D.050, 70.105D.060, and 70.105.050; adding a new section to chapter 70.105D RCW; adding a new section to chapter 70.94 RCW; adding a new section to chapter 70.105 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.58 RCW; and adding a new section to chapter 43.21C RCW.

 

Referred to Committee on Ecology and Parks.

 

SB 6086             by Senators West, Haugen, Deccio, Prince, Morton and Moyer

 

AN ACT Relating to public facilities districts; amending RCW 36.100.030, 36.100.070, and 82.14.048; and adding new sections to chapter 36.100 RCW.

 

Referred to Committee on Ways and Means.

 

SB 6087             by Senators Prentice, Winsley, Moyer, Talmadge and Pelz

 

AN ACT Relating to farmworker housing; amending RCW 43.70.330, 43.70.340, and 70.54.110; and adding new sections to chapter 70.54 RCW.

 

HOLD.

 

SB 6088             by Senators Haugen and Winsley

 

AN ACT Relating to library districts; and adding a new section to chapter 27.12 RCW.

 

Referred to Committee on Government Operations.

 

SB 6089             by Senators West, Bauer, A. Smith, Vognild, Talmadge, Nelson, Prince, Oke, Sutherland, Winsley, Sheldon, M. Rasmussen, Deccio, Erwin, Roach, Ludwig, Drew, Loveland, Sellar, Cantu, Morton and Skratek (by request of Washington State University)

 

AN ACT Relating to institutions of higher education collegiate license plates; amending RCW 46.16.332; adding new sections to chapter 46.16 RCW; adding a new chapter to Title 28B RCW; and repealing RCW 46.16.323.

 

Referred to Committee on Transportation.

 

SB 6090             by Senators M. Rasmussen and Prince (by request of Washington State University)

 

AN ACT Relating to rodent control; and repealing RCW 17.16.010, 17.16.020, 17.16.030, 17.16.040, 17.16.050, 17.16.060, 17.16.070, 17.16.080, 17.16.090, 17.16.100, 17.16.110, and 17.16.130.

 

Referred to Committee on Agriculture.

 

SB 6091             by Senators Ludwig and Prince (by request of Washington State University)

 

AN ACT Relating to bidding procedures concerning minority and women-owned businesses; and amending RCW 39.19.070.

 

Referred to Committee on Government Operations.

 

SB 6092             by Senators A. Smith and Nelson

 

AN ACT Relating to the statute of limitations for negotiable instruments; amending RCW 62A.3-118; and providing an effective date.

 

Referred to Committee on Labor and Commerce.

 

SB 6093             by Senators A. Smith and Nelson

 

AN ACT Relating to collection of debts; and amending RCW 19.16.100.

 

Referred to Committee on Labor and Commerce.

 

SB 6094             by Senators Haugen, Winsley and Drew

 

AN ACT Relating to the sale of port property; and amending RCW 53.08.090.

 

Referred to Committee on Government Operations.

 

SB 6095             by Senators Skratek, Anderson, Spanel, Bluechel, M. Rasmussen and Erwin

 

AN ACT Relating to international trade through Washington ports; amending RCW 53.06.020 and 53.06.070; and repealing RCW 53.31.910 and 53.31.911.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 6096             by Senators M. Rasmussen, Anderson, Newhouse, Snyder, Morton, Bauer and Quigley

 

AN ACT Relating to milk and milk products; amending RCW 15.32.010, 15.36.011, 15.36.080, 15.32.110, 15.32.100, 15.32.580, 15.32.590, 15.36.100, 15.36.490, 15.36.500, 15.36.470, 15.36.070, 15.32.160, 15.32.530, 15.36.110, 15.36.090, 15.36.300, 15.36.520, 15.32.610, 15.36.115, 15.36.480, 15.36.107, 15.32.450, 15.35.080, 15.36.120, and 15.36.595; reenacting and amending RCW 35A.69.010; adding new sections to chapter 15.36 RCW; recodifying RCW 15.32.010, 15.36.011, 15.36.080, 15.32.110, 15.32.100, 15.32.580, 15.36.100, 15.36.490, 15.36.500, 15.36.120, 15.32.160, 15.36.150, 15.36.470, 15.36.070, 15.32.530, 15.36.110, 15.36.260, 15.36.265, 15.36.420, 15.36.300, 15.32.410, 15.32.420, 15.32.450, 15.32.460, 15.36.520, 15.36.530, 15.36.115, 15.36.480, 15.32.550, 15.36.595, 15.36.600, 15.32.710, 15.32.720, 15.32.730, 15.36.005, 15.32.900, 15.32.910, 15.36.105, and 15.36.107; repealing RCW 15.32.051, 15.32.060, 15.32.070, 15.32.080, 15.32.090, 15.32.120, 15.32.130, 15.32.140, 15.32.150, 15.32.220, 15.32.250, 15.32.260, 15.32.330, 15.32.340, 15.32.360, 15.32.380, 15.32.430, 15.32.440, 15.32.490, 15.32.500, 15.32.510, 15.32.520, 15.32.540, 15.32.560, 15.32.570, 15.32.582, 15.32.584, 15.32.590, 15.32.600, 15.32.610, 15.32.620, 15.32.630, 15.32.660, 15.32.670, 15.32.680, 15.32.700, 15.32.740, 15.32.750, 15.32.755, 15.32.760, 15.32.770, 15.32.780, 15.32.790, 15.36.020, 15.36.030, 15.36.040, 15.36.055, 15.36.060, 15.36.075, 15.36.090, 15.36.140, 15.36.155, 15.36.160, 15.36.165, 15.36.170, 15.36.175, 15.36.180, 15.36.185, 15.36.190, 15.36.195, 15.36.200, 15.36.205, 15.36.210, 15.36.215, 15.36.220, 15.36.225, 15.36.230, 15.36.235, 15.36.240, 15.36.245, 15.36.250, 15.36.255, 15.36.270, 15.36.280, 15.36.320, 15.36.325, 15.36.330, 15.36.335, 15.36.340, 15.36.345, 15.36.350, 15.36.355, 15.36.360, 15.36.365, 15.36.370, 15.36.375, 15.36.380, 15.36.385, 15.36.390, 15.36.395, 15.36.400, 15.36.405, 15.36.410, 15.36.415, 15.36.425, 15.36.430, 15.36.440, 15.36.460, 15.36.510, 15.36.540, 15.36.550, 15.36.590, and 15.36.900; and prescribing penalties.

 

Referred to Committee on Agriculture.

 

SB 6097             by Senators Bauer, Wojahn, Oke, Pelz and Rinehart (by request of Legislative Budget Committee)

 

AN ACT Relating to special services demonstration projects; amending RCW 28A.630.845 and 28A.630.850; and repealing RCW 28A.630.851.

 

Referred to Committee on Education.

 

SB 6098             by Senators M. Rasmussen, Newhouse, Snyder and Quigley (by request of Department of Agriculture)

 

AN ACT Relating to the dairy inspection program; and amending RCW 15.36.105 and 15.36.107.

 

Referred to Committee on Agriculture.

 

SB 6099             by Senators M. Rasmussen, Newhouse and Snyder (by request of Department of Agriculture)

 

AN ACT Relating to weights and measures; amending RCW 19.94.010, 19.94.160, 19.94.175, 19.94.190, 19.94.255, 19.94.280, 19.94.320, and 19.94.360; and adding a new section to chapter 15.80 RCW.

 

Referred to Committee on Agriculture.

 

SB 6100             by Senators M. Rasmussen, Newhouse, Snyder, Prentice and Fraser (by request of Department of Agriculture)

 

AN ACT Relating to pesticide application regulation; amending RCW 17.21.020, 17.21.030, 17.21.060, 17.21.065, 17.21.070, 17.21.080, 17.21.100, 17.21.110, 17.21.122, 17.21.126, 17.21.128, 17.21.129, 17.21.130, 17.21.132, 17.21.134, 17.21.150, 17.21.160, 17.21.170, 17.21.180, 17.21.190, 17.21.200, 17.21.203, 17.21.220, 17.21.230, 17.21.240, 17.21.260, 17.21.280, 17.21.290, 17.21.310, 17.21.360, 17.21.400, 17.21.410, 17.21.420, and 17.21.910; reenacting and amending RCW 17.21.050; adding new sections to chapter 17.21 RCW; and prescribing penalties.

 

Referred to Committee on Agriculture.

 

SB 6101             by Senators M. Rasmussen, Newhouse and Snyder (by request of Department of Agriculture)

 

AN ACT Relating to violations concerning custom slaughtering and poultry products; amending RCW 16.49.444, 16.49.510, and 16.74.650; and prescribing penalties.

 

Referred to Committee on Agriculture.

 

SB 6102             by Senators Owen, Snyder, Hargrove, Oke, Amondson, Sheldon and Drew

 

AN ACT Relating to salmon enhancement; reenacting and amending RCW 75.50.100; and adding new sections to chapter 75.08 RCW.

 

Referred to Committee on Natural Resources.

 

SB 6103             by Senators Snyder, McCaslin, Loveland, Vognild, Hargrove, Owen, M. Rasmussen, Roach and Oke

 

AN ACT Relating to burning permits for fire fighting instruction; and amending RCW 70.94.650.

 

Referred to Committee on Ecology and Parks.

 

SB 6104             by Senator Fraser

 

AN ACT Relating to water pollution control and reduction; amending RCW 35.67.010, 35.67.020, 35.92.020, 36.94.010, 36.94.020, 36.94.140, and 56.08.020; reenacting and amending RCW 70.146.060 and 56.08.010; and creating a new section.

 

Referred to Committee on Ecology and Parks.

 

SB 6105             by Senators Skratek, Bluechel, Sheldon and M. Rasmussen

 

AN ACT Relating to high performance work organizations; amending RCW 43.330.050, 43.330.060, and 43.330.080; adding a new section to chapter 43.330 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 6106             by Senators Skratek, Bluechel, Williams, Erwin, Sheldon and M. Rasmussen

 

AN ACT Relating to the department of community, trade, and economic development; amending RCW 43.330.050; adding a new section to chapter 43.330 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 6107             by Senators Skratek, Sheldon and M. Rasmussen

 

AN ACT Relating to fees for services for the department of community, trade, and economic development; amending RCW 70.95H.040; adding new sections to chapter 43.330 RCW; and adding a new section to chapter 70.95H RCW.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 6108             by Senator Skratek

 

AN ACT Relating to the merger of the departments of community development and trade and economic development into the department of community, trade, and economic development; adding new sections to chapter 43.330 RCW; recodifying RCW 43.31.057, 43.31.083, 43.31.085, 43.31.087, 43.31.089, 43.31.091, 43.31.092, 43.31.0925, 43.31.093, 43.31.125, 43.31.145, 43.31.205, 43.31.207, 43.31.215, 43.31.390, 43.31.403, 43.31.406, 43.31.409, 43.31.411, 43.31.414, 43.31.417, 43.31.422, 43.31.425, 43.31.428, 43.31.502, 43.31.504, 43.31.506, 43.31.508, 43.31.512, 43.31.514, 43.31.522, 43.31.524, 43.31.526, 43.31.545, 43.31.601, 43.31.611, 43.31.621, 43.31.631, 43.31.641, 43.31.651, 43.31.661, 43.31.800, 43.31.810, 43.31.820, 43.31.830, 43.31.832, 43.31.833, 43.31.834, 43.31.840, 43.31.850, 43.31.956, 43.31.960, 43.31.962, 43.31.964, 43.63A.066, 43.63A.067, 43.63A.075, 43.63A.105, 43.63A.115, 43.63A.150, 43.63A.155, 43.63A.190, 43.63A.215, 43.63A.220, 43.63A.230, 43.63A.240, 43.63A.245, 43.63A.247, 43.63A.249, 43.63A.260, 43.63A.265, 43.63A.270, 43.63A.275, 43.63A.300, 43.63A.310, 43.63A.320, 43.63A.330, 43.63A.340, 43.63A.350, 43.63A.360, 43.63A.370, 43.63A.375, 43.63A.377, 43.63A.380, 43.63A.400, 43.63A.410, 43.63A.420, 43.63A.440, 43.63A.450, 43.63A.460, 43.63A.465, 43.63A.470, 43.63A.475, 43.63A.480, 43.63A.485, 43.63A.490, 43.63A.500, 43.63A.510, 43.63A.550, 43.63A.600, 43.63A.610, 43.63A.620, 43.63A.630, 43.63A.640, 43.63A.650, 43.63A.660, 43.63A.670, 43.63A.680, 43.63A.690, 43.63A.700, 43.63A.710, 43.63A.900, 43.63A.901, 43.63A.902, and 43.63A.903; and providing an effective date.

 

Referred to Committee on Trade, Technology and Economic Development.

 

SB 6109             by Senators A. Smith and Talmadge

 

AN ACT Relating to custodial interference; amending RCW 9A.40.060 and 26.09.165; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 6110             by Senators Spanel, A. Smith, Hargrove and Winsley

 

AN ACT Relating to the production of family medical history; amending RCW 26.09.050 and 26.09.170; and reenacting and amending RCW 26.26.130.

 

Referred to Committee on Law and Justice.

 

SB 6111             by Senators Drew, McCaslin, Gaspard, Sellar, Haugen, Snyder, Fraser, Franklin, Sheldon, Bauer, Owen, Spanel, Pelz, M. Rasmussen, Winsley, Oke and Skratek (by request of Commission on Ethics in Government and Campaign Financing, Governor Lowry and Attorney General Gregoire)

 

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 Government Operations.

 

SB 6112             by Senators Drew, McCaslin, Gaspard, Snyder, Fraser, Franklin, Quigley, Sheldon, Bauer, Owen, Spanel, Pelz, M. Rasmussen and Winsley (by request of Commission on Ethics in Government and Campaign Financing, Governor Lowry and Attorney General Gregoire)

 

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 Law and Justice.

 

SB 6113             by Senators Nelson, A. Smith, Oke, Amondson, L. Smith, Sellar, Roach, Hochstatter, Schow, Haugen, West, Morton, M. Rasmussen, Winsley, Deccio, Anderson, McCaslin and Moyer

 

AN ACT Relating to restitution payments for juvenile offenses; amending RCW 13.40.190 and 13.40.300; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 6114             by Senators Nelson, A. Smith, Oke, Amondson, Haugen, Quigley, M. Rasmussen, Winsley, Skratek, Deccio, McDonald, Anderson, McCaslin, Ludwig and Moyer

 

AN ACT Relating to limiting availability of weapons to minors; amending RCW 9.41.080 and 9.41.240; reenacting and amending RCW 9.41.010; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 6115             by Senators Nelson, A. Smith, Oke, Prince, Amondson, Deccio, Sellar, Roach, Hochstatter, Schow, Haugen, Quigley, West, Morton, M. Rasmussen, Winsley, McDonald, Anderson, McCaslin and Moyer

 

AN ACT Relating to offenses committed with deadly weapons; amending RCW 9.94A.310; reenacting and amending RCW 9.41.010; adding a new section to chapter 13.40 RCW; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 6116             by Senators Nelson, A. Smith, Oke, Amondson, Deccio, Sellar, Hochstatter, Morton, Wojahn, M. Rasmussen, Winsley, McDonald, Anderson, McCaslin and Moyer

 

AN ACT Relating to liability of parents for the acts of children; amending RCW 4.24.190; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 6117             by Senators Nelson, A. Smith, Oke, Amondson, L. Smith, Sellar, Hochstatter, Roach, Schow, Haugen, Quigley, West, M. Rasmussen, Winsley, Skratek, Deccio, McDonald, Anderson, McCaslin and Moyer

 

AN ACT Relating to prior juvenile convictions of offenders; and reenacting and amending RCW 9.94A.030 and 9.94A.360.

 

Referred to Committee on Law and Justice.

 

SB 6118             by Senators Nelson, Schow, Sellar, West, Winsley, Oke, Deccio, McDonald, Anderson, McCaslin and Moyer

 

AN ACT Relating to creating a youthful offender system; amending RCW 9.94A.123, 9.94A.130, 9.94A.210, 18.155.010, 18.155.020, 18.155.030, and 46.61.524; reenacting and amending RCW 9.94A.120, 9.94A.030, and 9.94A.440; adding new sections to chapter 9.94A RCW; and prescribing penalties.

 

Referred to Committee on Law and Justice.

 

SB 6119             by Senators Nelson, A. Smith, Oke, L. Smith, Sellar, Roach, Schow, Haugen, Quigley, West, M. Rasmussen, Winsley, Hochstatter, Skratek, Deccio, McDonald, Anderson, McCaslin, Ludwig and Moyer

 

AN ACT Relating to juvenile court jurisdiction; and amending RCW 13.04.030 and 13.40.110.

 

Referred to Committee on Law and Justice.

 

SJR 8219           by Senators Drew, McCaslin, Gaspard, Haugen, Snyder, Fraser, Sheldon, Quigley, Bauer, Owen, Spanel, Pelz, M. Rasmussen and Winsley (by request of Commission on Ethics in Government and Campaign Financing, Governor Lowry and Attorney General Gregoire)

 

Constitutionally authorizing the establishment of a system prescribing ethical conduct for state judicial branch officers and employees.

 

Referred to Committee on Government Operations.


MOTION


      On motion of Senator Spanel, Senate Bill No. 6087 was held on the desk.


MOTION


      At 11:05 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The members of the Senate retired to the House Chamber for the purpose of a joint session.


JOINT SESSION


      The Sergeant at Arms announced the arrival of the Senate at the bar of the House.


      Speaker Ebersole instructed the Sergeants at Arms of the House and Senate to escort the President of the Senate, Lieutenant Governor Joel Pritchard, President Pro Tempore R. Lorraine Wojahn, Vice President Pro Tempore Al Williams, Majority Leader Marcus S. Gaspard, and Minority Leader George L. 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 Senators Adam Smith and Nelson and Representatives Dellwo and Sheahan as a special committee to advise His Honor, the Chief Justice of the Supreme Court, James Andersen, 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 Senators Hochstatter, Loveland, McAuliffe and Prince and Representatives Morris, Eide and Tate 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 Senators Owen and Linda Smith and Representatives Flemming, Cothern and McMorris 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 to 1975, and as Chief Justice in 1985 and 1986; 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 Andersen's speech."


      The President welcomed Governor Mike Lowry, who was seated on the rostrum.


      The Clerk of the House called the roll of the House.


      The Secretary of the Senate called the roll of the Senate.


      The President of the Senate called the Joint Session to order.


INTRODUCTION OF CHIEF JUSTICE ANDERSEN


      President Pritchard: "The purpose of the Joint Session today is to receive a message from the Chief Justice, James Andersen. 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 that session. In those days, freshmen hardly talked or were hardly recognized and we were pretty silent through that session. That is the last time the Chief Justice was silent. It is good to see the Chief Justice and the Governor sitting side by side. It has not always been the case in our state. Back in 1856, Governor Stevens declared martial law and the Chief Judge by the name of Lander 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 Andersen was a coal miner, a combat infantryman, deputy prosecutor, trial lawyer, State Representative, State Senator, Court of Appeals, Chief Judge of Division 1 of The Court of Appeals, Justice, and now Chief Justice of the state of Washington Supreme Court. Chief Justice Andersen has had a varied, 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 which is so vital to all our state. Chief Justice James Andersen:"





STATE OF THE JUDICIARY ADDRESS

BY CHIEF JUSTICE JAMES A. ANDERSEN


      Justice Andersen: "Thank you very much, Mr. President, Speaker, Senators, Representatives, distinguished public officials, my colleagues from the Supreme Court 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 truly 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 three branches of state government -- legislative, executive and judicial.             "Needless to say, this occasion 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 that 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 one 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 sixteen percent in the one year period from 1991 to 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. 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. As to drug crimes, well, tragically they are there for all of us to see.

      "Washington courts are now processing about two and a half million cases a year. In the foreseeable future, I do not anticipate any relief from 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 Governor Lowry to combat juvenile violence. That, too, will mean more cases in our judicial system, which has already experienced a ten percent increase in the number of juvenile cases filed last year.

      "You are entitled to 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 four hundred 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, seated down here before you, will be the first woman Chief Justice in our state's history next year.

      "Beginning under the leadership of Justice Brachtenbach, who is present today, 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 only too 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 hit the state has taken on failed computer programs. Our computer program was user-designed and that is why it is so successful. Please 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 One in the number of people served, but only sixteenth in the number of people it employs and sixteenth 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 eighty 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 eighty courts at a total cost of just under $11 million -- about a third of what it cost some of the other, not-so-successful, state systems to be built during this same period. But funds to put DISCIS into the forty or more courts that now want them and need them -- that's forty courts that have asked for them -- like those in Port Orchard, Poulsbo, Kent, Walla Walla, etc., 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 him 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 three counties - Spokane, Thurston and Whatcom. We have continually worked closely with the Legislature in many things. One particular one being 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 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 three 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 thirty days, and if out on bail, within sixty days. After seven 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, ninety percent of its cases are completed within twenty months of filing. Furthermore, ninety percent of King County's divorce and custody cases are resolved within just thirteen 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 just yesterday is a case that will determine the outcome of several hundred pending driving under the influence -- DUI cases -- several hundred. 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 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 and Justice Commission, co-chaired by Justice Charles Z. Smith and Justice James M. Dolliver, and our Gender and 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 -- or set up by Governor Lowery -- and headed by 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 justices, 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 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 one-half 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, and the presence of the entire Supreme Court, 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 twenty years -- 3.6 percent as compared to a previous biennial average increase of 10.5 percent. The Governor talked about that extensively in his State of State Address yesterday. But in the judicial branch of government, our general fund average annual increase has been far below those figures -- less than one percent per annum since 1989. Let me say that again, 'In the judicial branch of government, our general fund average annual increase has been less than one 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; Two years ago we initiated a similar program of our own. Let me share, if I may, a few results of that program with you:

      . . . Since the 1989-91 biennium, we have reduced our travel expenditures by more than fifty 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, ourselves, 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, and did so voluntarily.

      "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 sixty-eight 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 budget increases we have had, have been considerably lower than cost of living increases. 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 adult 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 recidivism?

      "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. That 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. 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, 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, which is the 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 in 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.' 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.'

      "In conclusion, 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 -- and they chose us not to promise but to produce, not to pacify but to protect, and not to compete but to cooperate.

      "Thank you very much for inviting me to share this time with you. It has been a genuine privilege and pleasure."


      The President of the Senate instructed the special committee to escort Chief Justice James Andersen 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, Lieutenant Governor Joel Pritchard, President Pro Tempore R. Lorraine Wojahn, Vice President Pro Tempore Al Williams, Majority Leader Marcus S. Gaspard and Minority Leader George L. Sellar and members of the Senate from the House Chamber.


      The Senate was called to order at 12:06 p.m. by President Pritchard.


MOTION


      At 12:06 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Thursday, January 13, 1994.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate