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EIGHTH DAY
MORNING SESSION
House Chamber, Olympia, Monday, January 20, 1997
The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jason Allen and Ashley Halverson. Prayer was offered by Reverend Philip Rue, Gloria Dei Lutheran Church, Olympia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
INTRODUCTIONS AND FIRST READING
HB 1235 by Representatives Ogden, McMorris, H. Sommers, Carlson, Wolfe, O'Brien, Dunshee, Kenney, Dickerson, Cole, Mason and Robertson; by request of Joint Legislative Audit & Review Committee
AN ACT Relating to personal service contracts; and adding a new section to chapter 39.29 RCW.
Referred to Committee on Appropriations.
HB 1236 by Representatives Dunn, Sherstad, Sheldon, Mulliken, Boldt, Costa and Robertson
AN ACT Relating to rental payments to landlords from public assistance; and adding a new section to chapter 74.04 RCW.
Referred to Committee on Children & Family Services.
HB 1237 by Representatives Dunn, Sherstad and Sheldon
AN ACT Relating to relocation assistance; and amending RCW 59.18.440 and 82.02.020.
Referred to Committee on Government Reform & Land Use.
HB 1238 by Representatives Sheahan, Ballasiotes, Delvin, Appelwick, O'Brien, Costa, Wensman, Constantine, Mason and Robertson; by request of Supreme Court and Administrator for the Courts
AN ACT Relating to pro tempore judges; amending RCW 2.04.240, 2.04.250, 2.06.150, 2.06.160, and 2.10.030; reenacting and amending RCW 41.40.010; and creating a new section.
Referred to Committee on Law & Justice.
HB 1239 by Representatives Honeyford, Cody, McMorris, Backlund, Dyer, Boldt, Parlette, Clements, Skinner, Crouse and Schoesler
AN ACT Relating to requirements for retired active licenses for health care practitioners; and amending RCW 18.130.250.
Referred to Committee on Health Care.
HB 1240 by Representatives Pennington, Appelwick, D. Schmidt, Mulliken, O'Brien, Dunshee, Kenney, B. Thomas, Anderson, Wensman, Lantz, Dickerson, Murray, Linville, Dunn and Mason; by request of Legislative Ethics Board
AN ACT Relating to elected officials' guest editorials or columns in newspapers; and amending RCW 42.52.180.
Referred to Committee on Government Administration.
HB 1241 by Representatives Pennington, Appelwick, Carlson, D. Schmidt, Wensman, Linville and Mason; by request of Legislative Ethics Board
AN ACT Relating to the citizen members of the legislative ethics board; and amending RCW 42.52.380.
Referred to Committee on Government Administration.
HB 1242 by Representatives Delvin, Smith, L. Thomas, McMorris, Koster, Mielke, Wood, Hatfield, Sherstad, Radcliff, O'Brien, Sheldon, Cairnes, D. Schmidt, Quall, Huff, Thompson, Dickerson, Buck, Costa, Scott, DeBolt, Johnson, Ballasiotes, Murray, Lisk, Cooke, Hankins, Zellinsky, Pennington, Mastin, Poulsen, Dunn and Mason
AN ACT Relating to motorcycle equipment; and amending RCW 46.37.530 and 46.37.535.
Referred to Committee on Transportation Policy & Budget.
HB 1243 by Representatives K. Schmidt, Hatfield, Skinner, Scott, Zellinsky, Fisher, O'Brien, Mitchell, Wood, Delvin, Smith, Robertson, Sterk, DeBolt, Radcliff, McMorris, Backlund, Cairnes, Mastin, Boldt, Ogden, L. Thomas, Hankins, Wensman, Johnson and Benson
AN ACT Relating to driver's license and identicard security; amending RCW 46.20.091, 46.20.117, 46.20.118, 46.20.161, and 46.20.181; adding a new section to chapter 46.20 RCW; and creating a new section.
Referred to Committee on Transportation Policy & Budget.
HB 1244 by Representatives K. Schmidt, Fisher, McMorris, Scott, Zellinsky, Hatfield, Skinner, Mitchell, Wood, Delvin, Smith, Robertson, O'Brien, Sterk, Backlund, Cairnes, Radcliff, Boldt, Ogden, L. Thomas, Hankins, Johnson and Benson
AN ACT Relating to identification requirements for drivers' licenses and identicards; and amending RCW 46.20.035.
Referred to Committee on Transportation Policy & Budget.
HB 1245 by Representatives Sheahan, K. Schmidt, Sterk, Ballasiotes, Zellinsky, Skinner, Cairnes, Delvin, Smith, Robertson, O'Brien, Backlund, Fisher, Scott, McMorris, Radcliff, Mulliken, Boldt, Hatfield, L. Thomas, Costa, Hankins, McDonald, Wensman, Benson and Kessler
AN ACT Relating to penalties for using drivers' licenses and identicards to commit fraud; amending RCW 46.20.336 and 46.20.091; and prescribing penalties.
Referred to Committee on Law & Justice.
HB 1246 by Representatives Boldt, K. Schmidt, Radcliff, Cooke, Cairnes, Robertson, Mulliken, O'Brien, L. Thomas and McMorris
AN ACT Relating to utilizing drivers' licenses and identicards to prevent welfare fraud; adding a new section to chapter 74.04 RCW; and creating a new section.
Referred to Committee on Children & Family Services.
HB 1247 by Representatives Chandler, Mulliken, Linville, Mastin, Boldt and Quall; by request of Department of Revenue
AN ACT Relating to sales and use tax exemptions for farmworker housing; amending RCW 82.08.02745 and 82.12.02685; and declaring an emergency.
Referred to Committee on Finance.
HB 1248 by Representatives Sump, Costa, Sheahan, Sterk, Sherstad, Skinner, Lantz, Lambert, D. Schmidt, D. Sommers, Backlund, Ogden, Wensman and Constantine; by request of Secretary of State
AN ACT Relating to filing of business and nonprofit documents with the secretary of state; and adding a new section to chapter 43.07 RCW.
Referred to Committee on Government Administration.
HB 1249 by Representatives Dunn, Costa, Sheahan, Sterk, Lantz, Kenney, Lambert, Skinner, Gardner, D. Schmidt, D. Sommers, Ogden, O'Brien, Dunshee, B. Thomas, Wensman, Mason and Kessler; by request of Secretary of State
AN ACT Relating to state agencies issuing federal employer identification numbers; adding a new section to chapter 19.02 RCW; adding a new section to chapter 43.07 RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 50.12 RCW; adding a new section to chapter 82.02 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Government Administration.
HB 1250 by Representatives Wensman, Costa, Sheahan, Sterk, Lantz, Kenney, Skinner, Sherstad, Lambert, Gardner, D. Schmidt and Pennington; by request of Secretary of State
AN ACT Relating to trademarks; and amending RCW 19.77.030.
Referred to Committee on Government Administration.
HB 1251 by Representatives Parlette, Costa, Sheahan, Sterk, Lantz, Kenney, Skinner, Lambert, Gardner, D. Schmidt and Wensman; by request of Secretary of State
AN ACT Relating to names of corporations and units of government; adding a new section to chapter 23B.14 RCW; adding a new section to chapter 24.03 RCW; adding a new section to chapter 24.06 RCW; adding a new section to chapter 24.12 RCW; adding a new section to chapter 24.20 RCW; adding a new section to chapter 24.24 RCW; adding a new section to chapter 24.28 RCW; and adding a new section to chapter 23.86 RCW.
Referred to Committee on Government Administration.
HB 1252 by Representatives Wensman, Costa, Sheahan, Sterk, Lantz, Skinner, Kenney and Lambert; by request of Secretary of State
AN ACT Relating to limited partnerships; amending RCW 25.10.453 and 25.10.553; adding new sections to chapter 25.10 RCW; and providing an expiration date.
Referred to Committee on Law & Justice.
HB 1253 by Representatives Parlette, Costa, Sheahan, Sterk, Lantz, Skinner, Sherstad, Lambert, Gardner, D. Schmidt, Kenney and Wensman; by request of Secretary of State
AN ACT Relating to business organizations; amending RCW 23B.04.010, 23B.15.060, 24.03.045, 24.06.045, 25.04.710, 25.04.715, 25.10.020, 25.15.010, and 25.15.325; and adding a new section to chapter 25.04 RCW.
Referred to Committee on Government Administration.
HB 1254 by Representatives Sterk, D. Sommers, Carrell, Mulliken, Delvin, Chandler, O'Brien and Bush
AN ACT Relating to the destruction of driving records; and amending RCW 46.01.260.
Referred to Committee on Law & Justice.
HB 1255 by Representatives Butler, B. Thomas, Morris, Wolfe, Doumit, Ogden, Cody, Linville and Keiser; by request of Department of Revenue
AN ACT Relating to the creation of a leasehold excise tax exemption for organizations qualified under section 501(c)(3) of the internal revenue code that provide student housing; amending RCW 82.29A.130; and providing an effective date.
Referred to Committee on Finance.
HB 1256 by Representatives Veloria, Van Luven, Alexander, Dunn, Sheldon, Blalock, Wolfe, Doumit, Gardner, Ogden, O'Brien, Costa, Conway, Murray, Cody, Linville, Keiser, Mason, Kessler, Chopp and Kenney
AN ACT Relating to incentives for basic skills training; adding a new section to chapter 82.04 RCW; and adding a new section to chapter 28C.18 RCW.
Referred to Committee on Trade & Economic Development.
HB 1257 by Representatives DeBolt, Alexander, Pennington, Sheldon, Kessler, Poulsen, McMorris, Mielke, Van Luven, Grant, Crouse, Mastin, Doumit and Hatfield
AN ACT Relating to the taxation of coal-fired thermal electric generating facilities placed in operation before July 1, 1975; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.16 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Energy & Utilities.
HB 1258 by Representatives McMorris, Honeyford, Dyer, Boldt, Sheldon, Clements, Thompson, Lisk, Mulliken and Sherstad
AN ACT Relating to expansion of employer workers' compensation group self-insurance; amending RCW 51.14.080 and 48.62.011; adding a new chapter to Title 51 RCW; and prescribing penalties.
Referred to Committee on Commerce & Labor.
HB 1259 by Representatives Sump, Sheldon, McMorris, Doumit, Dyer, Butler, Buck, Regala, B. Thomas, Thompson, Chandler, Linville, Sullivan, O'Brien, Lantz and Johnson
AN ACT Relating to habitat conservation plans; amending RCW 76.09.340; and declaring an emergency.
Referred to Committee on Natural Resources.
HB 1260 by Representatives Skinner, Dyer, Cody, Backlund, Murray, Anderson, O'Brien, Mason and Quall
AN ACT Relating to privileged communications between certified counselors and clients; adding a new section to chapter 18.19 RCW; and repealing RCW 18.19.180.
Referred to Committee on Law & Justice.
HB 1261 by Representatives Mulliken, Pennington, Boldt and Wensman; by request of Department of Revenue
AN ACT Relating to the business and occupation tax small business credit; amending RCW 82.04.4451; and creating a new section.
Referred to Committee on Finance.
HB 1262 by Representatives Scott, Zellinsky, O'Brien, Sterk, Blalock, Anderson, Cole, Murray, Cooper, Mason, Quall, Johnson, Kessler, Bush and Robertson
AN ACT Relating to special parking privileges for disabled persons; amending RCW 46.16.381; and prescribing penalties.
Referred to Committee on Transportation Policy & Budget.
HB 1263 by Representatives Robertson, Ogden, Dunn, Carrell, Dyer, Cairnes and Benson
AN ACT Relating to current use taxation provisions; amending RCW 84.33.120, 84.33.140, 84.33.145, and 84.34.108; and declaring an emergency.
Referred to Committee on Finance.
HB 1264 by Representatives Boldt and Johnson
AN ACT Relating to limitations on the number of passengers in a vehicle driven by a minor; adding a new section to chapter 46.61 RCW; and prescribing penalties.
Referred to Committee on Transportation Policy & Budget.
HB 1265 by Representatives Sterk, O'Brien, Delvin, D. Sommers, Hickel, Wood, Robertson and Grant
AN ACT Relating to training for community corrections officers; adding new sections to chapter 43.101 RCW; and declaring an emergency.
Referred to Committee on Criminal Justice & Corrections.
HB 1266 by Representatives Dyer, Cody and Cole
AN ACT Relating to confidentiality of information provided to the health care policy board and the interagency quality committee; reenacting and amending RCW 42.17.310; and declaring an emergency.
Referred to Committee on Health Care.
HB 1267 by Representatives B. Thomas, Zellinsky and Dickerson
AN ACT Relating to a use tax exemption for vessel manufacturers and dealers; and adding new sections to chapter 82.12 RCW.
Referred to Committee on Finance.
HB 1268 by Representatives Carrell, B. Thomas, Mulliken, DeBolt, Lisk, Mastin, Hickel, Boldt, D. Sommers, Backlund, Chandler, Dyer, McDonald, Cooke, Dunn, Kessler, Bush and Sherstad
AN ACT Relating to property taxes; reducing the one hundred six percent limit for all taxing districts to the lesser of inflation or six percent; allowing for spreading out over time valuation increases without the use of credits or caps on valuation; amending RCW 84.55.005, 84.55.010, 84.55.020, 35.61.210, 70.44.060, and 84.08.115; and creating a new section.
Referred to Committee on Finance.
MOTION
On motion of Representative Lisk, the bills listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.
RESOLUTION
HOUSE RESOLUTION NO. 97-4603, by Representatives Johnson, Hickel, Sump, Radcliff, Talcott, Benson, Mulliken, Smith, Sterk, Thompson, Hatfield, Cole, Keiser, Quall, Veloria, Linville, Cooke, Cairnes, Crouse, Chandler, McMorris, Dunn, Pennington, K. Schmidt, Mitchell, Hankins, Schoesler, Wolfe, Carlson, Honeyford, Reams, Sheldon, Lambert, Sherstad, Lantz, Bush, Lisk, Van Luven, Sheahan, Huff, Backlund, Gardner, D. Schmidt, Conway, Ogden, L. Thomas, B. Thomas, Dyer, McDonald, Morris, Mason and Kenney
WHEREAS, The Governor and Legislature have designated 1997 as the Year of the Reader to promote the joys and successes of reading at any age; and
WHEREAS, The Legislature recognizes that the ability to read with comprehension and skill is essential for success in school and future life, and that the ability to read is critical to personal, family, and the state's economic prosperity; and
WHEREAS, A year-long state-wide cooperative effort between schools, parents, literacy agencies, libraries, the media, businesses, government, and social and health services will recognize reading efforts and successes; and
WHEREAS, The Chief Clerk of the House of Representatives of the State of Washington shall be designated the "open book" of the House of Representatives, distributing Year of the Reader stickers and other information to visitors; and
WHEREAS, Members of the House of Representatives are encouraged to contribute to the state's effort in their home districts by using the logo and theme throughout the year and by lending their support to reading, literacy, and other educational efforts; and
WHEREAS, Citizens of the State of Washington are encouraged through a state-wide, coordinated year-long schedule of events to celebrate reading;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives declare the official beginning of the Year of the Reader in Washington State, and urge all citizens to open a book and read, today, throughout the year, and every day of their lives.
Representative Johnson moved adoption of the resolution.
Representatives Johnson, Cole and Mason spoke in favor of the resolution.
House Resolution No. 4603 was adopted.
RESOLUTION
HOUSE RESOLUTION NO. 97-4605, by Representatives Robertson, Grant, Carlson, Gardner, D. Schmidt, Poulsen, Hatfield, Conway, Ogden, L. Thomas, Lantz, B. Thomas, Costa, Dyer, Regala, Morris, Cooke, Linville, Keiser, Mason and Kenny
WHEREAS, January 20, 1997, has been designated as the holiday in which we, as a nation, remember Dr. Martin Luther King, Jr.; and
WHEREAS, Dr. Martin Luther King, Jr. set an example of devotion to the principle that all Americans should live in freedom, dignity, and justice; and
WHEREAS, Dr. Martin Luther King, Jr. endeavored to end violence and discrimination against all persons; and
WHEREAS, Dr. King's leadership achievements were recognized when he was awarded the Nobel Peace Prize; and
WHEREAS, Dr. King's efforts were further recognized by the Congress of the United States, which created a permanent federal holiday to commemorate the date of his birth; and
WHEREAS, Dr. King's efforts are also recognized by the State of Washington, which honors his remembrance as a state holiday; and
WHEREAS, Dr. King's untimely death deeply grieved our nation;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives pause in our endeavors on behalf of the citizens of the State of Washington to commemorate the life of Dr. Martin Luther King, Jr.
Representative Robertson moved adoption of the resolution.
Representatives Robertson, Kessler, Quall, Chopp, Lambert, Conway, Mason, Carlson, Sherstad and D. Schmidt spoke in favor of the resolution.
House Resolution No. 4605 was adopted.
Sergeant-at-Arms Finley announced that the Senate requested to be admitted to the chamber for purposes of joint session. The Speaker asked that the Sergeant-at-Arms escort President of the Senate Brad Owen, President Pro Tempore Irv Newhouse, Majority Leader Dan McDonald and Minority Leader Sid Snyder to seats on the rostrum. The Speaker invited the senators to seats within the chamber.
The Speaker passed the gavel to President Pro Tempore Irv Newhouse.
APPOINTMENTS OF SPECIAL COMMITTEES
The President Pro Tempore appointed Representatives Backlund, Sherstad, Cooper and Wood and Senators Goings and Benton to escort the State elected officials from the State Reception Room to the House chamber.
The President Pro Tempore appointed Representatives Zellinsky, Mulliken, Gombosky and O’Brien and Senators Long, Strannigan, Wojahn and Spanel to escort the Supreme Court Justices to the House chamber.
The President Pro Tempore appointed Representatives Hickel and Anderson and Senators Johnson and Brown to notify Chief Justice Barbara Durham that the Joint Session had assembled, and to escort her to the House chamber.
The Sergeant-at-Arms announced that the State elected officials had arrived and the President Pro Tempore requested they be escorted to their seats in the front of the chamber. The President Pro Tempore greeted and introduced Secretary of State Ralph Munro, State Treasurer Mike Murphy, State Attorney General Christine Gregoire, Superintendent of Public Instruction Terry Bergeson, State Auditor Brian Sonntag, Commissioner of Public Lands Jennifer Belcher, and Insurance Commissioner Deborah Senn.
The Sergeant-at-Arms announced that the Justices of the Supreme Court had arrived, and the President Pro Tempore requested they be escorted to their seats in the front of the chamber. The President Pro Tempore greeted and introduced Associate Chief Justice James M. Dolliver, Justice Charles Z. Smith, Justice Richard P. Guy, Justice Charles W. Johnson, Justice Barbara A. Madsen, Justice Gerry L. Alexander, Justice Philip A. Talmadge and Justice Richard B. Sanders.
The Sergeant-at-Arms announced that the Honorable Barbara Durham, Chief Justice of the State Supreme Court had arrived. The President Pro Tempore requested that she be escorted to the rostrum and introduced her to the assembly.
The President Pro Tempore stated the purpose of the joint session was to receive a message from Chief Justice Barbara Durham.
STATE OF THE JUDICIARY
Chief Justice Durham: I feel very honored this morning to be speaking with you on the same day we honor the memory of Dr. Martin Luther King, Jr. During his life, Dr. King spoke eloquently and often about justice. In his famous letter from a Birmingham Jail he wrote: "Injustice anywhere. . .is a threat to justice everywhere." And shortly before his tragic death, he suggested to some friends the wording for his own eulogy. He said, in part: "Yes, if you want to say that I am a drum major, say that I was a drum major for justice."
The question before us this morning is: "What are we doing to make the justice system better for all our citizens?" I am pleased to report that from Bellingham to Vancouver, Aberdeen to Pullman — our courts and our judges have been working hard to make our justice system efficient.
Thanks to your support in the legislature, and the voter’s approval of Initiative 8210 two years ago, we have brought stability to judicial leadership. For more than one hundred years, chief justices in our state automatically rotated as Chief Justice for a single, two-year term. Today, I stand before you as the first chief justice who has been elected by the court to serve a four-year term. My colleague, Justice Jim Dolliver, our court’s most senior member and a former chief justice, has become the court’s first Associate Chief Justice, or second in command.
Stabilizing judicial leadership will enable us to operate more efficiently as we sharpen our judicial vision and create our first statewide, long-range plan.
Three of our justices have been working hard to make the courts more accessible — not only to litigants — but also to citizens, voters, and others who need our help. Justice Charles Z. Smith has served for 8 years as chair of the Washington Minority and Justice Commission. The commission has conducted groundbreaking cultural diversity studies and educational programs to ensure that all people are treated fairly and equally.
Justice Charles Johnson chairs the Supreme Court Rules Committee, which is working on ways to streamline court procedures to make courts more "user friendly." Justice Johnson’s efforts include revising the rule-making process to provide for more public participation.
Associate Chief Justice Jim Dolliver presides over our court interpreter committee. We are one of the very few state judicial systems that train and certify foreign language interpreters to work in courts with those who speak little or no English.
Let’s now examine some of our judiciary’s exciting innovations, in the areas of television and technology. In the past, very few people visited our court to observe cases being argued. . .until recently. Now, friends and utter strangers stop us on the street and tell us what they thought about a case we heard two days ago—or even that morning. That’s the power of television. Our hearings, we understand, were the first gavel-to-gavel, appellate court proceedings televised live, anywhere in the world. This innovative educational tool is a two-way street - TVW takes the court to the people and it brings people to the court.
In addition to having a presence on television, we are also taking advantage of the technology of the Internet. The Washington Court Home Page has become a popular web site. You can now find current Supreme Court opinions on-line. We also plan to put on-line the court’s past opinions in cooperation with Gonzaga Law School. Besides judicial opinions, our web pages offer a wealth of general and technical information about the courts.
Another successful project that combined technology and cooperation, was recommended by the Walsh Commission -- that was the Judicial Voter’s Pamphlet. Last year the Court directed distribution of the first, statewide judicial voter pamphlet ever published in Washington. Under the leadership of a committee chaired by Justice Gerry Alexander and Justice Phil Talmadge, and the generous cooperation of our state’s daily newspapers, we distributed nearly one and a quarter million pamphlets.
Citizens received the pamphlets just before the September primary, the time when most judges are elected. Voters received thorough, helpful information about each judicial candidates’ qualifications. By means of this public and private endeavor, we were able to print and deliver the pamphlets for only three-and-one-half-cents a copy. The response we received was overwhelmingly positive. Many voters asked us to produce the pamphlet regularly. We also posted voter information on the Internet. More than twelve hundred individuals accessed our Internet edition.
Improving the information voters have about judicial candidates was only one of the recommendations of the Walsh Commission. At the core of that report is a recommendation that would change the way judges are selected in our state. I believe that judges -- all judges -- should be elected --- that voters should have the right to cast a ballot about the competence of every judge. There are, of course, many ways to achieve that goal. During the next few years, I anticipate a healthy and vigorous debate on this subject.
I would like to now turn to our criminal justice system. I am particularly proud of the leadership the judicial branch has demonstrated in dealing with the issue of domestic violence. Domestic violence is a crime that afflicts every community, and every racial, ethnic, and economic group. How large is the problem? In 1994, the courts in our state handled nearly 31,000 petitions for domestic violence and civil-harassment protection orders. That’s about 84 cases a day, one every 17 minutes. In the last legislative session alone, you considered 34 different measures, introduced to eliminate the problem of domestic violence. As judicial leaders, we firmly believe that domestic violence must be dealt with in a coordinated comprehensive way. Two years ago, Attorney General Christine Gregoire, Justice Richard Guy and I hosted the first domestic violence “summit”. As a follow up, last month we called a second statewide summit. In that meeting, we continued to build relationships among organizations and to foster cooperation. We also heard encouraging reports from local leaders about their efforts to combat the problem. In the Tri-cities, for example, a summit was hosted by Craig Mattheson, a superior court judge in Benton–Franklin Counties who worked together with the Gender and Justice Commission. The Commission will use the Tri-cities’ mini-summit as a model for other cooperative local events.
Next July, we will complete a project that you initiated in 1995 authorizing us to create a statewide domestic violence tracking system. With this tracking system in place, chronic spouse abusers may still run — but they won’t be able to hide their past. Arrest and conviction information will be instantly available to police, prosecutors, and judges across the state. We will know whether or not a civil protection order has been issued in any county in the state, no matter what type of proceeding.
Violent crime is no longer confined to our streets. As you may recall, three women and an unborn child were shot and killed, two years ago, in the hallway outside a busy King County courtroom. I convened an emergency meeting of presiding judges to examine ways our courthouses could be made safer. Yakima County prosecutor, Jeff Sullivan, chaired an advisory group of county commissioners, lawyers, judges, law enforcement officers, and security experts. Together, they developed a set of safety guidelines. These guidelines form a "blueprint for safety," and are being adopted in many of our courts and courthouses. The personal well-being of the public is always a high priority.
As every judge, county commissioner and each of you know, our state’s jail and prison space is severely limited. Space is especially limited for juvenile detention. The professionals in juvenile court realize that they must act early, particularly with young, high-risk offenders. Our state’s Early Intervention Program, which is in place in 12 juvenile courts, allows court officials to reach juvenile offenders early in their probation through the use of intensive monitoring. Our courts have worked hard to explore alternatives to incarceration. Today, throughout the state, courts are experimenting with aggressive electronic home-monitoring, weekend schooling, day-reporting-centers, and community-service work crews. Judges have long recognized the connection between crime, delinquency, and the state of health of our families. Judicial and legislative leaders are continuing to work together to help, reconcile troubled youth and their families. Last year our courts handled more than 9000 truancy petitions, compared to a statewide total the year before of just 91! Superior court judges helped shape some of last session’s most far-reaching juvenile measures. We will continue to work with you to deal with the challenges of our criminal justice system.
Let’s now turn to legislative and judicial cooperation. Because our functions sometimes overlap, we took another step last November, aimed at a more effective partnership with the legislature. We sponsored a leadership workshop to discuss our mutual roles in establishing our state’s laws. Important questions were explored. For example:..."What steps can the legislature take to ensure that its intent is preserved when constitutional questions are raised?" And, "How can we better assure that laws are interpreted the way the legislature intended?" We will continue to explore these and other questions — that affect both civil and criminal laws.
Another challenge we all face is the way we manage our limited resources. Local courts have found new ways, and often new resources, to meet these budget challenges. A good example of how our judicial leaders are finding innovative ways to manage their limited resources is the "courts helping courts" program. In order to stretch employee resources, staff members from one court visit another to lend help and expertise. And, to hold down expenses, host courts accommodate visitors in their own homes. Judges from the trial courts to the appellate courts are striving to maximize limited resources.
The Supreme Court voted unanimously just last week to seek your support for a bill requiring appellate judges, upon leaving the bench, to complete their opinions within 60 days.
Last month, Judge Faith Ireland, President of the Superior Court Judges’ Association and Judge Robert McBeth, President of the District and Municipal Court Judges’ Association, held four meetings across the state to discuss funding issues. Judges recognize the growing challenges you and county commissioners face in finding ways to keep pace with the rising costs of the criminal justice system. We pledge our cooperation in trying to find new and more efficient ways to allocate scarce dollars.
Recently, we scrutinized our entire court budget. Under the leadership of Justices Phil Talmadge and Richard Guy, the Supreme Court initiated a zero-based budget process to take a hard look at where our departments could reduce expenses. We used this process to construct our budget proposal for the upcoming biennium. We have also just completed an internal management review, coordinated by Justice Alexander. Our goal was to improve our internal communications and day-to-day operations. We have now reviewed all of our operations — and evaluated our core functions. We will ask you to consider legislation to update some of our operations.
These and others efforts will allow us to hold the line on expenses while keeping the wheels of justice turning. Another example of cooperation, is the state’s improved lawyer discipline system. The bench and the bar have been working together to improve the process by which lawyers are disciplined, and to make the process more responsive to the needs of the public. Based on recommendations made by a joint task force of judges, lawyers, and the public at large, the Washington State Bar Association significantly reorganized its discipline process. The bar underwrites the discipline system at a cost of two-point-three million dollars a year. And lawyers pay for it—no public tax money is involved.
To do this, the state bar association has
. increased bar association dues
. doubled the staff who review complaints
. and created consumer affairs positions to serve the public.
The bar may now cooperate with criminal investigations and the public can get more information on past sanctions. Already we see dramatic improvements in the way complaints are handled. For the first time in years, more cases were closed last year than were opened. Later this month the Court will publish, for comment, these and other recommendations for improving the lawyer discipline system.
Five individuals in particular have contributed their vision and leadership to this project. I would like to recognize their contributions. They are:
. Current bar president Tom Chambers;
. Former chief justice Jim Andersen;
. Former bar president Paul Stritmatter;
. Chair of the board of governor’s discipline committee,
. Peter Ehrlichman; and
. The association’s chief disciplinary counsel, Barrie Althoff.
Let me share with you two examples of how we are using technology to make our courts more efficient. To make valuable court information more readily available, Judicial Information System terminals can be found in the Office of Support Enforcement, Department of Licensing, and in county prosecutor’s offices. The State Patrol and some local law enforcement offices also have access to our data. Last month a performance audit was conducted on our JIS by the National Center for State Courts in Virginia. Representative Ballard, you will be pleased with the results of the audit: The report states that our JIS staffing levels are among the most efficient in the country. We operate more efficiently, and reliably, and at less cost-per-user than…
. comparable systems in other states,
. similar systems in Washington State,
. and even systems in the private sector.
Chaired by Justice Phil Talmadge, JIS now handles six-hundred, seventy-five thousand transactions a day. This number will soon reach the million mark.
And now for something different . . . .
Judges are not often perceived as "warm and fuzzy". But a unique program which brings judges into the classrooms to explain our legal system has received high marks. This isn’t a new program. When I came to the court 12 years ago, I was concerned that judges were isolated from the public. Having been raised by a mother who was an educator for forty years, this idea was a natural. Co-chaired by Justice Richard Sanders and myself, a group of judges, educators, lawyers and members of the public have developed lesson plans for students from kindergarten through college about our legal system. Judges who volunteer their time are partnered with teachers around the state to visit classrooms. Since the program’s beginning, over 130 judges have educated more than 1,300 students.
Just last week, a committee of judges chose public education as the theme for our annual fall judicial conference. In early September some 300 judges will arrive in Yakima. At least 100 of them will have the opportunity to visit local schools from Zilla to Sunnyside. We even hope to visit one of the most exciting educational facilities in our state, Heritage College. Set on the Yakama Indian Reservation not far from Toppenish, Heritage College is led by Dr. Kathleen Ross, a Roman Catholic nun. Fifty percent of undergraduates at Heritage College are either Native-American or Hispanic-American. Eighty-five percent are the first in their families to attend college.
Heritage College was established through the mutual eforts of Dr. Ross, Yakima community leaders and the Yakama Indian Nation. It is an unusual and outstanding institution and certainly one that would have pleased Dr. Martin Luther King, Jr. Dr. King closed his Birmingham letter saying: ”We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects us all indirectly.”
Together let us continue to seek what is fair, what is right, and what is just for the citizens who have placed their trust in us. Thank you.
The President Pro Tempore of the Senate instructed the special committee to escort Chief Justice Durham from the House chamber and to the state reception room.
The President Pro Tempore of the Senate instructed the special committee to escort the State elected officials from the House chamber and to the state reception room.
The President Pro Tempore of the Senate instructed the special committee to escort Supreme Court Justices from the House chamber and to the state reception room.
On motion of Representative Lisk, the Joint Session was dissolved.
The President Pro Tempore 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, Brad Owen; President Pro Tempore, Irv Newhouse; Majority Leader, Dan McDonald; and Minority Leader, Sid Snyder; and members of the Washington State Senate from the House chamber.
REPORTS OF STANDING COMMITTEES
January 16, 1997
HB 1009 Prime Sponsor, Representative Backlund: Crediting the liability account with interest earnings. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.
Voting Yea: Representatives K. Schmidt, Mitchell, Mielke, Hankins, Fisher, Blalock, Backlund, Cairnes, Chandler, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Wood and Zellinsky.
Excused: Representatives Buck and Sterk.
Passed to Rules Committee for second reading.
January 16, 1997
HB 1012 Prime Sponsor, Representative Cairnes: Authorizing highway bonds. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.
Voting Yea: Representatives K. Schmidt, Mitchell, Mielke, Hankins, Fisher, Blalock, Backlund, Cairnes, Chandler, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Wood and Zellinsky.
Excused: Representatives Buck and Sterk.
Passed to Rules Committee for second reading.
MOTION
On motion of Representative Lisk, the bills listed the day's standing committee reports sheet under the fifth order of business were referred to the committees so designated.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Lisk, the House adjourned until 9:55 a.m., Tuesday, January 21, 1997.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk
1009
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1012
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1235
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1236
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1237
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1238
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1239
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1240
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1241
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1242
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1243
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1244
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1245
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1246
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1247
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1248
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1249
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1250
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1251
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1252
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1253
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1254
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1255
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1256
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1257
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1258
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1259
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1260
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1261
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1262
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1263
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1264
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1265
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1266
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1267
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1268
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4603 Year of the Reader
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4605 Honoring Dr. Martin Luther King, Jr.
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
WASHINGTON STATE LEGISLATURE
State of the Judiciary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8