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FIFTEENTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Monday, January 23, 1995
The House was called to order at 9:30 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 Dave Hunter and Joshua Weimer. Prayer was offered by Reverend Robert Cassis of South Sound Presbyterian Church.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being not objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READINGS
HB 1328 by Representatives Dyer, Dellwo and Backlund; by request of Department of Health
AN ACT Relating to the uniform disciplinary act; amending RCW 18.130.020, 18.130.095, 18.130.098, 18.130.170, and 18.130.180; and reenacting and amending RCW 18.130.040 and 18.130.050.
Referred to Committee on Health Care.
HB 1329 by Representatives Dyer, Dellwo, Cody and Conway; by request of Department of Health
AN ACT Relating to food sanitation and safety; amending RCW 69.06.010; adding new sections to chapter 69.06 RCW; adding a new section to chapter 43.70 RCW; and creating new sections.
Referred to Committee on Health Care.
HB 1330 by Representatives Dyer, Dellwo and Backlund; by request of Department of Health
AN ACT Relating to health facilities and services; amending RCW 70.38.015, 70.38.025, 70.38.105, 70.38.115, 70.38.125, and 70.38.135; creating new sections; decodifying RCW 70.38.155, 70.38.156, 70.38.157, 70.38.914, 70.38.915, 70.38.916, 70.38.917, 70.38.918, and 70.38.919; repealing RCW 70.38.095, 70.38.105, 70.38.111, 70.38.115, 70.38.125, and 70.38.220; providing an effective date; and declaring an emergency.
Referred to Committee on Health Care.
HB 1331 by Representatives Dyer, Dellwo, Skinner and Backlund; by request of Department of Health
AN ACT Relating to the use of examinations in the credentialing of health professionals; amending RCW 18.25.030, 18.32.050, 18.34.080, 18.29.021, 18.29.120, 18.53.060, 18.54.070, 18.64A.020, 18.74.035, 18.83.070, 18.83.072, 18.92.030, 18.92.100, 18.108.030, 18.108.050, and 18.108.073; and reenacting and amending RCW 18.74.023.
Referred to Committee on Health Care.
HB 1332 by Representatives Dyer and Dellwo; by request of Department of Health
AN ACT Relating to the licensure of ambulatory surgical centers; adding a new chapter to Title 70 RCW; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Health Care.
HB 1333 by Representatives Dyer, Dellwo, Cody, Backlund and Conway; by request of Department of Health
AN ACT Relating to implementation of the public health improvement plan; amending RCW 41.05.240, 70.05.030, 70.05.035, and 70.46.020; adding new sections to chapter 43.70 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Health Care.
HB 1334 by Representatives Dyer, Carrell, Brumsickle, G. Fisher, Romero, Brown, Johnson, Backlund, Wolfe, B. Thomas, Boldt, Campbell, Morris, Van Luven, Sheldon, Scott, Kremen, Dellwo, Horn and Basich
AN ACT Relating to taxation of hospitals; amending RCW 82.04.260; providing an effective date; and declaring an emergency.
Referred to Committee on Health Care.
HB 1335 by Representatives Thompson, McMorris, Sherstad, Lisk, Hargrove, Koster, D. Schmidt, Buck, Talcott, Blanton, B. Thomas, Sheldon, Johnson and Mulliken
AN ACT Relating to firearm dealers; amending RCW 9.41.110; and reenacting and amending RCW 9.41.010.
Referred to Committee on Law and Justice.
HB 1336 by Representatives Jacobsen, Carlson, Mastin and Basich
AN ACT Relating to accountability and collaboration in higher education and K-12 education; and adding new sections to chapter 28B.10 RCW.
Referred to Committee on Higher Education.
HB 1337 by Representatives Lisk, Cole, Conway, Fuhrman, Sheahan, Romero, Jacobsen and Wolfe; by request of Department of Licensing
AN ACT Relating to deregulating debt adjusters; amending RCW 18.28.010, 18.28.080, 18.28.090, 18.28.100, 18.28.110, 18.28.120, 18.28.130, 18.28.150, 18.28.165, and 18.28.190; repealing RCW 18.28.020, 18.28.030, 18.28.040, 18.28.045, 18.28.050, 18.28.060, 18.28.070, 18.28.160, and 18.28.170; and prescribing penalties.
Referred to Committee on Financial Institutions & Insurance.
HB 1338 by Representatives Lisk, Cole, Conway, Fuhrman, Sheahan, Romero, Jacobsen, Wolfe and Costa; by request of Department of Licensing
AN ACT Relating to court reporting; amending RCW 18.145.005, 18.145.010, 18.145.020, 18.145.030, 18.145.040, 18.145.050, 18.145.070, 18.145.080, 18.145.090, 18.145.110, 18.145.120, 18.145.130, and 18.145.900; and repealing RCW 18.145.060.
Referred to Committee on Commerce & Labor.
HB 1339 by Representatives Ballasiotes, Morris, Costa, Carlson and Conway
AN ACT Relating to juvenile services; and amending RCW 13.04.035.
Referred to Committee on Corrections.
HB 1340 by Representatives Romero, Ogden, Basich and Jacobsen; by request of Parks and Recreation Commission
AN ACT Relating to personal flotation devices; and amending RCW 88.12.115.
Referred to Committee on Natural Resources.
HB 1341 by Representatives Fuhrman, Buck, Sehlin, Carrell, Romero, Ogden, Regala, Jacobsen and Basich; by request of Parks and Recreation Commission
AN ACT Relating to watercraft excise tax; amending RCW 82.49.030 and 88.12.375; adding a new section to chapter 88.12 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Natural Resources.
HB 1342 by Representatives Fuhrman, Buck, Sehlin, Romero, Ogden, Regala, Jacobsen and Basich; by request of Parks and Recreation Commission
AN ACT Relating to the parks and recreation commission; amending RCW 43.51.047, 43.51.060, and 43.51.270; adding a new section to chapter 43.85 RCW; adding a new section to chapter 43.51 RCW; repealing RCW 43.51.280; providing an effective date; and declaring an emergency.
Referred to Committee on Natural Resources.
HB 1343 by Representatives Casada, Kessler and Basich; by request of Utilities & Transportation Commission
AN ACT Relating to eliminating the requirement of port districts to file tariffs with the utilities and transportation commission; and amending RCW 53.08.070.
Referred to Committee on Energy & Utilities.
HB 1344 by Representatives Casada and Kessler; by request of Utilities & Transportation Commission
AN ACT Relating to civil penalties for violation of gas pipeline safety regulations; amending RCW 80.28.212; and prescribing penalties.
Referred to Committee on Energy & Utilities.
HB 1345 by Representatives Mason, Mulliken, Jacobsen, Chopp, Regala and Conway; by request of Higher Education Coordinating Board
AN ACT Relating to the doctoral fellowship for faculty diversity program; and adding a new chapter to Title 28B RCW.
Referred to Committee on Higher Education.
HB 1346 by Representatives Foreman, Van Luven, Sheldon, Veloria, Jacobsen and Conway
AN ACT Relating to disaster assistance; amending RCW 38.52.005, 38.52.020, 38.52.090, 38.54.010, 38.54.020, 38.54.030, and 38.54.050; reenacting and amending RCW 38.52.010; adding a new section to chapter 38.52 RCW; adding a new section to chapter 41.04 RCW; creating a new section; and making an appropriation.
Referred to Committee on Government Operations.
HB 1347 by Representatives L. Thomas, Dellwo, Huff, Kessler, Mielke and Wolfe
AN ACT Relating to continuing market interest rates for consumer credit transactions; repealing RCW 63.14.135; repealing 1992 c 193 s 4 (uncodified); and declaring an emergency.
Referred to Committee on Financial Institutions & Insurance.
HB 1348 by Representatives L. Thomas, Cole, Fuhrman and Wolfe; by request of Department of Licensing
AN ACT Relating to the regulation of escrow agents; and amending RCW 18.44.010, 18.44.080, 18.44.145, 18.44.208, 18.44.290, 18.44.380, 43.320.011, 43.320.013, 43.320.050, 43.320.060, 43.320.100, and 43.320.110.
Referred to Committee on Financial Institutions & Insurance.
HB 1349 by Representatives Lisk, Chandler and Veloria; by request of Joint Task Force on Unemployment Insurance
AN ACT Relating to noncharging of benefits to employers' unemployment insurance experience rating accounts; amending RCW 50.16.094, 50.22.090, and 50.29.020; creating a new section; and declaring an emergency.
Referred to Committee on Commerce & Labor.
HB 1350 by Representatives Lisk, Chandler and Veloria; by request of Joint Task Force on Unemployment Insurance
AN ACT Relating to authorizing voluntary contributions for unemployment insurance; and adding a new section to chapter 50.29 RCW.
Referred to Committee on Commerce & Labor.
HB 1351 by Representatives Lisk, Chandler and Veloria; by request of Joint Task Force on Unemployment Insurance
AN ACT Relating to unemployment insurance contribution rates for successor employers; and amending RCW 50.29.062.
Referred to Committee on Commerce & Labor.
HB 1352 by Representatives Cole, Tokuda, Conway, Romero and Costa
AN ACT Relating to payment of litigation costs of injured workers; and amending RCW 51.52.120.
Referred to Committee on Commerce & Labor.
HB 1353 by Representatives Poulsen, Reams, Mitchell, G. Fisher, Valle, Patterson, Chandler, Wolfe, Rust, R. Fisher, Honeyford and Hatfield
AN ACT Relating to the use of commissioner districts in port districts; amending RCW 53.12.010, 53.12.115, 53.12.130, and 53.16.015; creating a new section; and declaring an emergency.
Referred to Committee on Government Operations.
HB 1354 by Representatives Fuhrman, Basich, Cairnes and McMorris
AN ACT Relating to hound permits; and amending RCW 77.32.350.
Referred to Committee on Natural Resources.
HB 1355 by Representatives Brumsickle, Cole and Wolfe; by request of Office of Financial Management
AN ACT Relating to school bus acquisitions; amending RCW 28A.160.200 and 43.19.637; adding a new section to chapter 28A.160 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Education.
HB 1356 by Representatives Lambert, Pelesky, Koster, Thompson, Skinner, Smith, Hymes, Stevens, Radcliff, Campbell, Benton, McMahan, Huff, Johnson and Backlund
AN ACT Relating to parental presence at a minor child's medical treatment; and creating a new section.
Referred to Committee on Health Care.
HB 1357 by Representatives Ballasiotes, Sherstad, Cole, Costa, Blanton, Quall, Veloria, Radcliff, Campbell and Dickerson
AN ACT Relating to supervision of offenders placed on probation; amending RCW 9.95.210, 9.92.060, and 36.01.070; and adding new sections to chapter 9.95 RCW.
Referred to Committee on Corrections.
HB 1358 by Representatives Costa, Ballasiotes and Morris
AN ACT Relating to parole of juvenile offenders; amending RCW 13.40.210; and prescribing penalties.
Referred to Committee on Corrections.
HB 1359 by Representatives Van Luven and G. Fisher; by request of Department of Revenue
AN ACT Relating to the administration and collection of the cigarette tax; amending RCW 82.24.010, 82.24.030, 82.24.040, 82.24.050, 82.24.080, 82.24.090, 82.24.110, 82.24.120, 82.24.230, 82.24.250, 82.24.260, and 82.26.010; adding new sections to chapter 82.24 RCW; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1360 by Representatives Dyer, Dellwo, Backlund and Cody
AN ACT Relating to discriminatory practices against doctors of osteopathic medicine and surgery licensed under chapter 18.57 RCW; adding a new section to chapter 48.46 RCW; adding a new section to chapter 18.100 RCW; and adding a new section to chapter 70.41 RCW.
Referred to Committee on Health Care.
HB 1361 by Representatives Robertson, Costa, Cody, Delvin, Chappell, Hickel, Smith, McMahan and Honeyford
AN ACT Relating to electronic facsimile transmission of arrest warrants; and amending RCW 10.31.060.
Referred to Committee on Law and Justice.
HB 1362 by Representatives Robertson, L. Thomas and Sheldon
AN ACT Relating to retrocession of criminal jurisdiction; and amending RCW 37.12.100, 37.12.110, and 37.12.120.
Referred to Committee on Law and Justice.
HB 1363 by Representatives L. Thomas and Dyer
AN ACT Relating to the application of the insurer holding company act to certified health plans, health care service contractors, and health maintenance organizations; amending RCW 48.31B.005 and 48.31B.030; and declaring an emergency.
Referred to Committee on Financial Institutions & Insurance.
HB 1364 by Representatives L. Thomas and Kessler
AN ACT Relating to the disclosure of material transactions of insurance companies, certified health plans, health service contractors, and health maintenance organizations; adding new sections to chapter 48.05 RCW; adding new sections to chapter 48.43 RCW; adding new sections to chapter 48.44 RCW; adding new sections to chapter 48.46 RCW; and adding a new section to chapter 42.17 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 1365 by Representatives Dellwo, Jacobsen, Chopp, Mason, Cole, Veloria and Costa; by request of Insurance Commissioner
AN ACT Relating to declinations or terminations of automobile insurance applications or policies; and adding a new section to chapter 48.30 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 1366 by Representatives L. Thomas, Campbell, Chopp, Mason, Kessler, Cole and Jacobsen; by request of Insurance Commissioner
AN ACT Relating to the simplification and improved clarity of property and casualty insurance policies; and adding new sections to chapter 48.18 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 1367 by Representatives Kessler, Mason, Campbell, Cole, Veloria, Jacobsen, Basich and Costa; by request of Insurance Commissioner
AN ACT Relating to the use of driving records by insurers; and adding a new section to chapter 48.30 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 1368 by Representatives Costa, Conway, Chopp, Mason, Cole, Veloria, Jacobsen, Wolfe and Dickerson; by request of Insurance Commissioner
AN ACT Relating to criteria to be used when rating senior citizens for private passenger automobile insurance; adding a new section to chapter 48.19 RCW; and providing an effective date.
Referred to Committee on Financial Institutions & Insurance.
HB 1369 by Representatives L. Thomas, Campbell, Chopp, Mason, Cole, Veloria, Jacobsen, Wolfe and Costa; by request of Insurance Commissioner
AN ACT Relating to insurer provision of replacement transportation when a claimant's vehicle is totaled; and adding a new section to chapter 48.22 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 1370 by Representatives L. Thomas, Jacobsen and Dyer; by request of Insurance Commissioner
AN ACT Relating to the capital and surplus requirements of insurance companies; amending RCW 48.05.340; and adding new sections to chapter 48.05 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 1371 by Representatives L. Thomas, Wolfe, Kessler, Dyer and Jacobsen; by request of Insurance Commissioner
AN ACT Relating to prohibited investments by insurers; and amending RCW 48.13.270.
Referred to Committee on Financial Institutions & Insurance.
HB 1372 by Representatives L. Thomas, Wolfe, Kessler, Dyer and Jacobsen; by request of Insurance Commissioner
AN ACT Relating to rural health care; and repealing RCW 48.45.005, 48.45.010, 48.45.020, and 48.45.030.
Referred to Committee on Financial Institutions & Insurance.
HB 1373 by Representatives L. Thomas, Wolfe, Kessler, Dyer and Jacobsen; by request of Insurance Commissioner
AN ACT Relating to the licensing of general agents; and amending RCW 48.05.310.
Referred to Committee on Financial Institutions & Insurance.
HB 1374 by Representatives L. Thomas, Wolfe, Kessler, Dyer and Jacobsen; by request of Insurance Commissioner
AN ACT Relating to unearned premium, loss, and loss expense reserves of insurance companies; and amending RCW 48.12.040, 48.12.090, 48.12.100, 48.12.120, and 48.12.130.
Referred to Committee on Financial Institutions & Insurance.
HB 1375 by Representatives Lisk, Chandler, Fuhrman, Goldsmith, Hargrove, Horn and Honeyford
AN ACT Relating to industrial insurance benefits during confinement in an institution; and amending RCW 51.32.040.
Referred to Committee on Commerce & Labor.
HB 1376 by Representatives Lisk, Chandler, Fuhrman, Goldsmith, Horn and Hargrove
AN ACT Relating to filing claims for occupational disease; and amending RCW 51.28.055.
Referred to Committee on Commerce & Labor.
HB 1377 by Representatives Lisk, Chandler, Fuhrman, Goldsmith, Horn and Hargrove
AN ACT Relating to industrial insurance compensation for school employees; and amending RCW 51.08.178.
Referred to Committee on Commerce & Labor.
HB 1378 by Representatives Lisk, Chandler, Fuhrman, Goldsmith, Horn and Hargrove
AN ACT Relating to compensation for occupational disease; and amending RCW 51.32.100.
Referred to Committee on Commerce & Labor.
HB 1379 by Representatives Carlson, Mason, Kessler, McMorris, Benton, Mastin, Schoesler, Chopp, Sheahan, Quall, Mielke, Brumsickle, Chappell, Patterson, Delvin, Talcott, Poulsen, Wolfe, Thibaudeau, Cooke, Costa, Kremen, Huff, Robertson, Romero, Basich, Sheldon, Cody, Johnson, Hatfield and Conway
AN ACT Relating to the governing board of the state's higher education institutions; amending RCW 28B.20.100, 28B.30.100, and 28B.35.100; adding a new section to chapter 28B.20 RCW; adding a new section to chapter 28B.30 RCW; and providing an effective date.
Referred to Committee on Higher Education.
HJM 4010 by Representatives Lisk, Chandler, Veloria, Wolfe and Conway; by request of Joint Task Force on Unemployment Insurance
Requesting that unemployment benefits be removed from the IRS definition of taxable income.
Referred to Committee on Commerce & Labor.
HJR 4205 by Representative Fuhrman
Amending the Constitution to authorize presentation of issues of law and conscience to juries.
Referred to Committee on Law and Justice.
HCR 4403 by Representatives Horn, Jacobsen and Sheldon
Calling for a joint session to honor recently deceased members of the legislature.
MOTION
On motion of Representative Foreman the bills, memorial 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.
REPORTS OF STANDING COMMITTEES
January 20, 1995
HB 1017 Prime Sponsor, Representative D. Schmidt: Transferring emergency management functions from the department of community development to the military department. Reported by Committee on Government Operations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.
Voting Yea: Representatives Chopp, R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, D. Schmidt, Scott, L. Thomas, Van Luven and Wolfe.
Excused: Representative Sommers.
Passed to Committee on Rules for second reading.
January 19, 1995
HB 1027 Prime Sponsor, Representative Brumsickle: Redirecting school administrative resources to the classroom. Reported by Committee on Education
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Clements; Dickerson; G. Fisher; Fuhrman; McMahan; Pelesky; Quall; Radcliff; Smith; Talcott; B. Thomas; Thompson and Veloria.
Voting Yea: Representatives Brumsickle, Cole, Clements, Dickerson, Elliot, G. Fisher, Fuhrman, Hatfield, Johnson, McMahan, Pelesky, Quall, Radcliff, Smith, Talcott, B. Thomas, Thompson and Veloria.
Excused: Representative Poulsen.
Passed to Committee on Appropriations.
January 19, 1995
HB 1031 Prime Sponsor, Representative Dyer: Changing the taxation of dental appliances, devices, restorations, and substitutes. Reported by Committee on Finance
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives B. Thomas, Chairman; Boldt, Vice Chairman; Carrell, Vice Chairman; Morris, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Hymes; Mason; Mulliken; Pennington; Schoesler and Van Luven.
Voting Yea: Representatives Boldt, Carrell, Dickerson, Hymes, Mason, Morris, Mulliken, Pennington, Schoesler, B. Thomas and Van Luven.
Excused: Representative Campbell.
Passed to Committee on Rules for second reading.
January 19, 1995
HB 1036 Prime Sponsor, Representative Backlund: Requiring a performance audit of the office of the superintendent of public instruction. Reported by Committee on Education
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Clements; Dickerson; G. Fisher; Fuhrman; McMahan; Pelesky; Quall; Radcliff; Smith; Talcott; B. Thomas; Thompson and Veloria.
Voting Yea: Representatives Brumsickle, Cole, Clements, Dickerson, Elliot, G. Fisher, Fuhrman, Johnson, McMahan, Pelesky, Quall, Radcliff, Smith, Talcott, B. Thomas, Thompson and Veloria.
Voting Nay: Representatives Hatfield and Poulsen.
Passed to Committee on Appropriations.
MOTION
On motion of Representative Foreman, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.
There being no objection, the House advanced to the seventh order of business.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
THIRD READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1030, by House Committee on Commerce & Labor (originally sponsored by Representatives Lisk, Carlson, Dyer, Skinner, Cooke, Schoesler, Thompson, Goldsmith, Chandler, Basich, Foreman, Honeyford, Hankins, D. Schmidt, Mulliken, McMorris, Clements, Fuhrman, Sheldon, L. Thomas, Huff, Silver, Buck and McMahan)
Regulating teen-age work hours.
The bill was read the third time.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1030.
Representatives Lisk, Carlson, Quall, Pennington, Horn, Sheldon, McMahan, Hargrove, D. Schmidt, Cooke, Benton, Pelesky, Smith and Clements spoke in favor of passage of the bill.
Representatives Cole, Cody, Romero, Veloria, Ebersole, Brown and Conway spoke against the passage of the bill.
Representative K. Schmidt yielded to a question by Representative Appelwick.
Representative Appelwick: Thank you Mr. Speaker. Representative K. Schmidt, it's been a time honored tradition in this body that the Representative from District 23 was in charge of certain procedural motions. Has that mantle fallen on you?
Representative K. Schmidt: I was thinking that seems to be lacking and that we do need to be doing something about it. And I believe that I do concur with you. There can't possibly be anyone in this chamber that is undecided as to their position. It is my pleasure to ask for the previous question.
Representative K. Schmidt demanded the previous question and the demand was sustained.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1030, and the bill passed the House by the following vote: Yeas - 70, Nays - 26, Excused - 2, Absent - 0.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 70.
Voting nay: Representatives Appelwick, Brown, Campbell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Jacobsen, Kessler, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle and Veloria - 26.
Excused: Representatives Fisher, G. and Fuhrman - 2.
Engrossed Substitute House Bill No. 1030, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the tenth order of business.
JOINT SESSION
The Sergeant at Arms announced the arrival of the Senate.
The Sergeant at Arms was instructed to escort the President of the Senate, Joel Pritchard; President Pro Tempore, Lorraine Wojahn; Vice President Pro Tempore, Rosa Franklin; Majority Leader, Marc Gaspard; and Minority Leader, Dan McDonald to seats on the rostrum.
The Senators were invited to seats within the House chambers.
The Speaker turned the gavel and the Joint Session of the Legislature over to the President of the Senate.
APPOINTMENTS OF SPECIAL COMMITTEES
The President of the Senate appointed Representatives B. Thomas, Tokuda and Senators Prentice and Strannigan to escort his excellency, Governor Mike Lowry from the state reception room to the House chamber.
The President of the Senate appointed Representatives Sehlin, Hankins, Poulsen, Regala and Senators Snyder and Palmer to escort the State Elected Officials from the state reception room to the House chamber.
The President of the Senate appointed Representatives Casada, Chandler, Mastin, Kessler and Senators Hargrove, Pelz, Cantu, and Hale to escort the Supreme Court Justices from the state reception room to the House chamber.
The President of the Senate appointed Representatives Ballasiotes, Veloria and Senators Loveland and A. Anderson to advise Chief Justice of the Supreme Court, Barbara Durham that the Joint Session has assembled and to escort her from the state reception room to the rostrum.
The President of the Senate instructed the special committee to escort Governor Lowry to his place on the rostrum.
The President of the Senate instructed the special committee to escort the Elected Officials to the front of the House chamber.
The President of the Senate welcomes Secretary of State, Ralph Munro; State Treasurer, Dan Grimm; State Attorney General, Christine Gregoire; and State Auditor, Brian Sonntag.
The President instructed the special committee to escort the Supreme Court Justices to the front of the House chamber.
The President of the Senate welcomes Justice Robert Utter, Justice James M. Dolliver, Justice Charles Z. Smith, Justice Richard Guy, Justice Charles Johnson, Justice Barbara Madson, Justice Gerry Alexander, and Justice Phil Talmadge.
The President instructs the special committee to escort Chief Justice, Barbara Durham to her place on the rostrum.
The Clerk of the House called the roll of the House.
The Clerk of the Senate called the roll of the Senate.
President Pritchard announced the purpose of the Joint Session was to receive a message from Chief Justice, Barbara Durham.
The President of the Senate turned the gavel over to the Speaker of the House.
Mr. Speaker: Thank you Mr. President, ladies and gentlemen of the House and Senate, honorable members of the Supreme Court of Washington, distinguished visitors and friends. It is my high honor and privilege today to introduce to you the new Chief Justice of the State Supreme Court, the Honorable Barbara Durham.
As you are all aware, Chief Justice Durham's swearing in this month was noteworthy, not only for the leadership she will bring to our state's judiciary, it was also historic because she is the first woman to serve as Chief Justice of the Washington Supreme Court. You may not know Chief Justice Durham made judicial history before. In 1980 as the first woman appellate judge in state history; and in 1984 as the first woman Chief Judge in the State Appellate Court System.
Today, Chief Justice Durham is the only sitting member of the State Supreme Court who's served at all four levels of our judiciary.
Chief Justice Durham began her judicial career with appointment to the Mercer Island District Court in 1977. She was elected to the King County Superior Court. In 1980 she was appointed to the State Court of Appeals. And since 1985 she has sat on the Supreme Court.
Chief Justice Durham has distinguished herself not only on the bench but throughout her legal career serving in numerous public and private leadership roles.
It is my pleasure to present to you, the Honorable Barbara Durham, Chief Justice of the Washington State Supreme Court.
CHIEF JUSTICE BARBARA DURHAM
JANUARY 23, 1995
Thank you for inviting me here today. I am honored to stand before you to report on the state of the judiciary. You are about to hear not only where the judiciary has been but also where we aspire to go. I will describe not only what we've accomplished, but how, by working together as legislature and judiciary, we can renew our common commitment to justice, and revitalize our state's judicial branch of government.
When I reviewed what our judges accomplished this past year, I was amazed. We have nearly 400 judges in our state courts. Last year they disposed of more than two million cases (that's an average of eight thousand cases every working day!). They also sentenced some 275 thousand defendants. What I admire most in these hard working women and men is their dedication to justice. To them, justice is a duty, a responsibility, and a public trust.
Now, let me turn to three pressing judicial issues that you in this legislature can help us resolve. They are: The process by which judges are selected; The optimum size of the Supreme Court; And, the way the Chief Justice is chosen.
First, let's look at the way we select our judges. As we all know, the integrity of the judicial system depends on the quality of its members. Yet, how we choose quality judges has been a source of confusion. In a poll conducted last week by telephone, two-thirds of the voters polled said that they lacked sufficient information to intelligently choose judicial candidates. The question is: How can we increase this information so that voters know who they're voting for? Judges themselves are unable to provide this information. Our state's Code of Judicial Conduct states that judges cannot announce their view on disputed legal and political issues. Some states have recommended that judges be elected on the basis of a sophisticated merit system. Others suggest that citizens get a judicial voter's pamphlet.
I believe that what we need to do is to give this matter careful and thoughtful consideration. Therefore, in order to reduce this confusion and improve the selection process, the Governor and I are announcing today the formation of a Judicial Election Review Commission. This citizen-based Commission will work with legislative leaders, judges and others to review all aspects of judicial selection. Their charge will be to hold public meetings, take testimony, review methods used in other states, and report their recommendations by the end of the year. I will work closely with Representative Ballard, Senator Gaspard, Governor Lowry, and others to appoint Commission members as soon as possible.
I have heard from Representative Jennifer Dunn and from City of Seattle Mayor Norm Rice -- both of whom support the Commission. As Representative Dunn stated: "Voters want and deserve more information about judicial elections. A review of the alternatives by a thoughtful Judicial Election Commission would provide some much needed perspective."
The second issue I wish to bring to your attention is the size of our state's Supreme Court. Presently, we have a court made up of nine members, as do the supreme courts in only six other states. However, the majority of states in the country have fewer members: Alaska has five members, Oregon has seven, and California seven. Twenty-five years ago in our state, former Senator Wes Ulhman and then Justice Walter McGovern suggested that our Supreme Court could operate as well with seven members. Just last Thursday in Seattle, speaking to the University of Washington Law School, Justice Utter recommended that the Supreme Court be reduced from nine to seven judges. I concur in these recommendations.
According, I have been working with House and Senate leadership to draft a constitutional amendment to provide for this reduction through normal attrition. If passed by voters, the next two vacancies to occur on the bench would not be filled. This reduction to seven justices would improve the court's circulation, communication and administration, and eventually save our taxpayers, we estimate, more than one million dollars.
This reduction effort, however, will require serious leadership to place this issue before the public in November and to sponsor the necessary legislation. Both the House and Senate have demonstrated this leadership. Senator Adam Smith and Representative Mike Padden are the prime sponsors and many others have signed on our bills.
A third fundamental change in our court structure that I propose is the way our Chief Justice is chosen. Currently, the role of Chief Justice is automatically assigned to a member of the court based on a combination of timing, seniority, and matriculation, whereas the American Bar Association recommends that Supreme Court members choose the Chief Justice "on the basis of legal competence and administrative ability."
In 1990, the Washington Commission on Trial Courts, chaired by William Gates, the past president of the State Bar Association, recommended that in order to change the method of selection of the Chief Justice, the state constitution should be amended. Mr. Gates is present in the audience today. The Commission believed that "changing the way in which the Chief Justice is selected and extending the Chief Justice's term could have far-reaching effects on the overall management of the court system."
In a recent survey of all Washington judges, 70 percent preferred a method of selecting the Chief Justice other than rotation. In the court of appeals and most of our trial courts, the presiding judges are elected by their peers. Therefore, in addition to the constitutional amendment to reduce the size of the Supreme Court, we are also submitting a proposal to choose the Chief Justice by means of election. You, as Representatives and Senators, can assist us in accomplishing these important pieces of legislation. I understand that the bills were delivered to the Bill Room this morning and are available in each chamber. I invite each of you to join our renewal effort by signing on as a co-sponsor.
As you all know, as long as there have been courts, there have been supporters and critics of the judicial system. Shakespeare's Hamlet bemoaned the law's delay. Dickens wrote about a seemingly endless chancery case. I'm proud to say that our judiciary has already undertaken many bold and innovative projects to improve the administration of justice in this state. Let me enumerate some of these projects for you.
First, we are improving our Supreme Court circulation procedures, especially with regard to opinion filings. Gladstone said, "Justice delayed is justice denied." Justice is truly denied with litigants have to wait years for resolution of their appeal. Two weeks ago in my inaugural remarks, I proposed that opinions of the Supreme Court should be published within the same year they are argued. This is in keeping with the United States Supreme Court which files all cases heard that year at the end of the Spring Term. We should do likewise.
Therefore, we will consider: Reducing the length of appellate opinions; Shortening the time allowed for circulation; And consolidating our hearing schedules.
We will continue to search for ways to improve the appeals process as we did recently by expediting more than 200 DUI cases, saving virtually one full year of appellate time. In our effort to make improvements, we consider nothing too sacred to be reviewed, and no alternative unworthy of consideration.
Another priority we must tackle is the issue of domestic violence. Domestic violence is a pervasive and systemic problem, and it is the number one cause of injury to women in this country. The number of domestic violence petitions filed in our courts in the past five years has increased by more than 400 percent. No other case type has been increasing more dramatically.
The branches of government must work together to combat and eradicate this devastating scourge. Two weeks ago, I met with Justice Guy, the chairperson of the Gender and Justice Commission, to lay the foundation for a Domestic Violence Summit. With the cooperation of Attorney General Christine Gregoire, the Domestic Violence Summit can provide a forum for the exchange of information, for identifying ways to reinforce the services already being provided, and to adopt a plan of action to do what needs to be done. Invitations will be sent to participants from all three branches of government, both state and local. We can and we must work together to combat family violence.
And now a third project. During my term as Chief Justice, I intend to launch two major initiatives to improve access to our justice system. How many of you know where most cases in this state are filed? Ninety percent of all cases are filed in the courts of limited jurisdiction: the district and municipal courts, or the "people courts." And yet, our survey identified a growing concern among judges that these services provided in these courts vary widely across the state.
Therefore, I propose a comprehensive assessment of the services and operation of the district and municipal courts. Our objective is to inventory these courts to ensure that all citizens in this state have equal access to justice. We'll take a look, for example, at how probation services are monitoring defendant behaviors, and thereby ensuring public safety. We'll examine these court's procedures for granting protection orders in domestic violence cases, to make sure that in more rural areas, these courts have the ability to readily accommodate persons in need of protection.
Another thing we will do to further citizen access to justice is to televise, for the first time, Supreme Court oral arguments. In conjunction with T.V.W., a state level television network like C-Span, we will also invite the public into the courtroom. I hope to follow these broadcasts with informal citizen roundtables to explain the appellate process and answer their questions.
Another project in our effort to streamline and reduce expenditures is to attempt to contain the rising costs of indigent defense. Our Constitution requires that every person charged with a crime has the right to an attorney. If a defendant cannot afford an attorney, one is provided at government expense. If people are to maintain their respect for the courts and the constitutional right to an attorney, we must demonstrate that defendants who are able to pay for their own attorney do so, and that those who can pay some of the costs also contribute. Other states are already doing this.
We are preparing legislation for your consideration to establish cost recovery programs, with a mechanism for screening and evaluating indigency. Every person who has a legitimate right to a public attorney will continue to be represented. We want to be able to show that these persons are, in fact, in need.
The Supreme Court is also examining ways to streamline how we conduct business. One recommendation of the National Center for State Courts is to privatize some of the services now provided by the Reporter of Decisions office. The Reporter's office is responsible for issuing the written opinions of the Washington Supreme Court and the Court of Appeals. We've been able to re-organize the Reporter's office, reduce staff, and we hope to be able to publish reports more expeditiously. We will be seeking your approval of a bill to recover the costs of producing these reports. Currently, for example, statute requires that the Supreme Court purchase 300 copies of each published volume and provide them at no cost to a variety of government users. We are proposing legislation that would dramatically reduce that number.
As you know, the decisions a judge made are only as good as the evidence and information put before the court. This is particularly important, for example, in DUI cases. The judge needs to know whether the defendant being sentenced has an outstanding warrant or is on a deferred prosecution program. This year we expanded the statewide database for all misdemeanor defendants within our Judicial Information System.
Courts and criminal justice agencies across the state, from Seattle to Omak, can access the database to make sure that defendants are being sentenced appropriately. We will soon have nearly 90 percent of all misdemeanant criminal history in the state accessible on the JIS system.
A project we are also proud of is our new method of recruiting juries. Sometimes our jury system is viewed skeptically. As Robert Frost once remarked: "A jury consists of twelve persons chosen to decide who has the better lawyer." While this may be true right now in Los Angeles, we have taken steps in Washington state to improve our system.
If citizens are to maintain respect for justice, our jury system must reflect the diversity and faces of our society. Since September, our trial courts have begun drawing jurors from a combined list of registered voters and licensed drivers. This basic change in jury composition came about through authority granted jointly by the legislature, through statute, and by the Supreme Court through court rule.
The two results of this change are: a much larger pool of citizens from which to draw jurors, and a more diverse representation of the community for this most important civic duty. I am pleased to report on the cooperative effort between the courts, our Secretary of State, Ralph Munro, numerous executive branch agencies, and local officials, that led to this improvement in the jury system.
This past year, our judicial system took a long look in the mirror and did some careful soul searching. Last spring, every judge in this state was invited to take a first-ever judicial survey. This rigorous 150-question survey aimed to find out how the judiciary is working, what it is doing well, and what can be improved.
A total of 63 percent of all state judges responded. Here are some of their tabulated responses. Ninety-three percent of our judges indicated that the Sentencing Reform Act should be re-evaluated. The same number noted that we face increasing demands from pro se litigants (those without attorneys). Ninety-two percent believe that excessive litigation costs diminished the public confidence in our courts. Eighty-two percent indicated that crowded dockets prevent access to courts. And 82 percent felt that our courts could become more efficient by using telephonic motions and video arraignments.
Already, our judges are taking advantage of computer technology. Starting in March, district and municipal courts will begin issuing computer-generated snapshots of DUI cases. For the first time, judges will have reports that show the person's conviction and dismissal rate, plus the success and failure rates of deferred prosecution treatment programs. This means that judges will be able to match cases with cases filed in other courts, to see how their sentencing and fining practices compare with those of others.
These reports will help all of us understand better how we make decisions, how prosecutors charge, how attorneys defend, and how judges sentence. And yes, this information will be available to you and to the public. I am proud that our district and municipal court judges have clearly demonstrated their willingness to be accountable for their decisions in this important area of the law.
That, in a nutshell, is the state of the judiciary. As we enter the final half decade of this century, I think all of us can be proud of our accomplishments and encouraged by the prospect of being able to render even greater justice to the citizens of Washington state. I personally look forward to working together with you to further the causes that have brought us all here to serve.
In the words of a great American jurist, "The court's only armor is the cloak of public trust; its sole ammunition, the collective hopes of our society." I look forward to increasing that public trust, and keeping alive in all our citizens, their hope for justice.
Thank you.
The President of the Senate instructed the special committee to escort Chief Justice Durham from the House chamber and to the state reception room.
The President of the Senate instructed the special committee to escort Governor Mike Lowry from the House chamber and to the state reception room.
The President of the Senate instructed the special committee to escort the State Elected Officials from the House chamber.
The President of the Senate instructed the special committee to escort the Supreme Court Justices from the House chamber.
MOTION
On motion of Representative Foreman, the Joint Session was dissolved.
The President of the Senate returned the gavel to the Speaker of the House.
The Speaker instructed the Sergeant at Arms of the House and the Senate to escort the President of the Senate, Joel Pritchard; President Pro Tempore, Lorraine Wojahn; Vice President Pro Tempore Rosa Franklin; Majority Leader, Marc Gaspard; and Minority Leader, Dan McDonald and members of the Washington State Senate from the House chamber.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Foreman, the House adjourned until 9:55 a.m. Tuesday, January 24, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk