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THIRD DAY

MORNING SESSION

House Chamber, Olympia, Wednesday, January 13, 1999

The House was called to order at 10:00 a.m. by Speaker Ballard. 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 Steve Dokken and Natalie Quist. Prayer was offered by Pastor Robert Cassis, Olympia.

Pastor Cassis: "Almighty God, in whom we trust, we acknowledge our total dependence upon your gracious goodness to us. You have ordained government to restrain evil and to reward righteousness. It is fitting therefore, that as we commence this meeting we pause to acknowledge you and to seek your blessing.

In a few moments, all three branches of our government will gather together and their presence reminds us of the wisdom of our forefathers. The checks and balances they built into our republic, serve our state and nation well. Our system, although sometimes cumbersome, effectively brings about the highest good for the many while protecting the rights and interests of the few.

Ours is a nation of laws which ensure opportunity and justice for all. Our judicial system, despite its weaknesses, is the fairest on the face of the earth. We are served well by it and the men and women who interpret and apply the law. We ask your wisdom, strength and approval for their work. We ask your special blessing upon Chief Justice Guy as he assumes the leadership of our highest court, in the months ahead, and as he speaks to us today.

In conclusion, we take this opportunity to thank you for the long and distinguished service of Justice James Dolliver as he enters retirement. We pray for happiness, health and meaning for this next phase of his life.

In your name and for your glory. Amen."

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGE FROM THE SENATE

January 12, 1999

Mr. Speaker:

The President has signed:

SENATE CONCURRENT RESOLUTION NO. 8401,

and the same is herewith transmitted.

Tony M. Cook, Secretary

SIGNED BY THE SPEAKERS

Speaker Ballard and Speaker Chopp announced they were signing:

HOUSE CONCURRENT RESOLUTION NO. 4400,

HOUSE CONCURRENT RESOLUTION NO. 4401,

SENATE CONCURRENT RESOLUTION NO. 8401,

INTRODUCTIONS AND FIRST READING

HB 1041 by Representatives Mitchell, Murray, Kessler, O'Brien, Ogden, Lantz, Rockefeller, Hankins, Esser and Morris; by request of Public Works Board

AN ACT Relating to authorization for projects recommended by the public works board; creating a new section; and declaring an emergency.

Referred to Committee on Capital Budget.

HB 1042 by Representatives Dunn, Wolfe and Romero; by request of Department of Information Services

AN ACT Relating to state agency and local government-owned software; and amending RCW 42.17.310.

Referred to Committee on State Government.

HB 1043 by Representatives Wensman, Thomas, Ballasiotes, O'Brien, Sheahan, Radcliff, McDonald, Conway and Fortunato

AN ACT Relating to arrests without warrant; and amending RCW 10.31.100.

Referred to Committee on Judiciary.

HB 1044 by Representatives Romero, Fisher, Alexander, Cairnes, Wolfe, Veloria, Wood and McIntire

AN ACT Relating to department of transportation expenditures for environmental retrofit projects; and adding a new section to chapter 47.28 RCW.

Referred to Committee on Transportation.

HB 1045 by Representatives Romero, Talcott, Quall, Wensman, Carlson, Hatfield, Anderson, Stensen, Keiser, Kessler, Dunshee, Wolfe, Dickerson, Ogden, Lantz, Rockefeller, Regala, Scott, Wood, Kagi, Morris, McIntire and Fortunato

AN ACT Relating to cooperating teachers; amending RCW 28A.415.105; adding a new section to chapter 28A.415 RCW; and creating a new section.

Referred to Committee on Education.

HB 1046 by Representatives Constantine, Sheahan and Kenney; by request of Board for Judicial Administration

AN ACT Relating to superior court judges; amending RCW 2.08.065; and creating a new section.

Referred to Committee on Judiciary.

HB 1047 by Representatives Sheahan, Constantine, Kenney, Lantz, Bush, Hurst, Mitchell and McDonald; by request of Board for Judicial Administration

AN ACT Relating to the court of appeals; amending RCW 2.06.020; and adding a new section to chapter 2.06 RCW.

Referred to Committee on Judiciary.

HB 1048 by Representatives Ogden, Carlson and Mitchell

AN ACT Relating to parking; and amending RCW 35.86A.050, 35.86A.060, 35.86A.070, and 35.86A.120.

Referred to Committee on Local Government.

HB 1049 by Representatives Cody, Parlette, Kenney, Veloria, Dunshee and Dickerson; by request of Insurance Commissioner

AN ACT Relating to mandated coverage for medicare replacement policies; amending RCW 48.66.045; and declaring an emergency.

Referred to Committee on Health Care.

HB 1050 by Representatives Conway and Clements; by request of Department of Labor & Industries

AN ACT Relating to coal mine safety inspections; and repealing RCW 43.22.200 and 43.22.210.

Referred to Committee on Commerce & Labor.

HB 1051 by Representatives Conway, Clements, Anderson, Stensen, Keiser, Kessler, Ogden, Lantz, Rockefeller, Hurst, Wood and McIntire; by request of Department of Labor & Industries

AN ACT Relating to the statute of limitations for the repayment or recoupment of industrial insurance benefits induced by claimant fraud; and amending RCW 51.32.240.

Referred to Committee on Commerce & Labor.

HB 1052 by Representatives Conway and Clements; by request of Department of Labor & Industries

AN ACT Relating to creation of dedicated accounts for contractor registration, factory assembled structures, and elevator inspection programs; amending RCW 43.84.092 and 43.84.092; adding a new section to chapter 18.27 RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 70.87 RCW; providing an effective date; and providing an expiration date.

Referred to Committee on Commerce & Labor.

HB 1053 by Representatives Fisher, K. Schmidt, Hatfield, Radcliff, O'Brien, Tokuda, Hurst, Skinner and Hankins; by request of Legislative Transportation Committee

AN ACT Relating to the consolidation of the fuel tax rate, and fuel tax distribution statutes maintaining revenue neutrality among fuel tax recipients; amending RCW 36.78.070, 46.68.110, 46.68.130, 47.26.405, 47.26.425, 47.26.4252, 47.26.4254, 47.26.505, 47.30.030, 47.30.050, 47.56.725, 47.56.750, 47.56.771, 47.60.420, and 82.36.025; reenacting and amending RCW 46.68.090; repealing RCW 46.68.095, 46.68.100, 46.68.115, 46.68.150, 47.26.060, 47.26.070, and 47.26.410; providing an effective date; and declaring an emergency.

Referred to Committee on Transportation.

HB 1054 by Representatives G. Chandler, Linville, Schoesler, Clements, Grant, Anderson, Parlette, Dunshee and Cooper

AN ACT Relating to the duties of the commission on pesticide registration; and amending RCW 15.92.090, 15.92.095, and 15.92.100.

Referred to Committee on Agriculture & Ecology.

HB 1055 by Representative McMorris

AN ACT Relating to licensing consulting foresters; adding a new chapter to Title 18 RCW; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 1056 by Representatives Romero and Dickerson

AN ACT Relating to targeting certain positions within designated job titles for early retirement; adding a new section to chapter 41.40 RCW (uncodified); adding a new section to chapter 43.01 RCW (uncodified); adding a new section to chapter 39.29 RCW (uncodified); providing expiration dates; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1057 by Representative Romero

AN ACT Relating to animal trapping; amending RCW 77.12.040, 77.32.191, and 77.32.197; and adding a new section to chapter 77.12 RCW.

Referred to Committee on Natural Resources.

HB 1058 by Representatives Tokuda, Radcliff, O'Brien, Ballasiotes, Anderson, Kenney, Stensen, Keiser, Kessler, Veloria, Dunshee, Dickerson, Ogden, Lantz, Rockefeller, Hurst, Regala, Cooper, Scott, Schual-Berke, Conway, Santos, Wood, Kagi and McIntire

AN ACT Relating to deterring juvenile violence; amending RCW 69.50.520; adding a new chapter to Title 13 RCW; and making an appropriation.

Referred to Committee on Children & Family Services.

HB 1059 by Representatives O'Brien, Ballasiotes, Kastama, Van Luven, McMorris, Cody, Carlson, Lantz, Parlette, Bush, Keiser, Skinner, Constantine, Anderson, Haigh, K. Schmidt, Regala, Fisher, Hurst, Delvin, Lovick, Ruderman, Radcliff, Kenney, Stensen, Kessler, Dunshee, Dickerson, D. Schmidt, Ogden, Rockefeller, Poulsen, Cooper, Quall, Scott, Lisk, Esser, McDonald, DeBolt, Conway, Mielke, Kagi, Morris and McIntire

AN ACT Relating to crimes relating to mail theft and destruction; reenacting and amending RCW 9.94A.320; adding a new chapter to Title 9A RCW; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

HB 1060 by Representatives Mitchell, Fisher, K. Schmidt, Radcliff, Carlson, Tokuda, Scott, Skinner, Hankins, Cooper, Romero and Ogden

AN ACT Relating to expanding the list of transportation supportive uses permitted in transportation centers; and amending RCW 81.75.020 and 81.75.030.

Referred to Committee on Transportation.

HB 1061 by Representatives K. Schmidt, Fisher, Radcliff, Sullivan, Skinner and Hankins; by request of Legislative Transportation Committee

AN ACT Relating to the freight mobility strategic investment board; and amending RCW 47.06A.020, 47.06A.030, and 47.06A.040.

Referred to Committee on Transportation.

HB 1062 by Representatives Carlson, Conway, Cody, Cairnes, Clements, O'Brien, Kenney, Veloria, Dunshee, Alexander, Dickerson, D. Schmidt, Tokuda, Poulsen, Edmonds, Mitchell and Haigh

AN ACT Relating to providing entrepreneurial opportunities for disabled persons; amending RCW 39.19.010, 39.19.020, 39.19.030, 39.19.080, 39.19.120, 39.19.150, 39.19.170, and 39.19.200; adding new sections to chapter 39.19 RCW; creating a new section; providing an effective date; and declaring an emergency.

Referred to Committee on State Government.

HCR 4402 by Representatives Fisher, K. Schmidt, Mitchell, Radcliff, Skinner and Hankins

Designating highways of statewide significance.

Referred to Committee on Transportation.

Speaker Ballard pointed out there was a correction to the sponsorship of House Bill No. 1045: Representative Quall should replace Representative Carrell as a sponsor of this measure. There being no objection, the bills and resolution listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

Sergeant at Arms Finley announced the arrival of the Senate. Speaker Chopp requested the Sergeant at Arms of the House and the Sergeant at Arms of the Senate escort President of the Senate Lieutendant Governor Brad Owen, President Pro Tempore Lorraine Wojahn, Majority Leader Sid Snyder and Minority Leader Dan McDonald to seats on the Rostrum. The Senators were invited to seats within the Chamber.

JOINT SESSION

STATE OF THE JUDICIARY

The Joint Session was called to order by Speaker Ballard. The Clerk called the roll of the House and a quorum was present. The Clerk called the roll of the Senate and a quorum was present.

Speaker Ballard relinquished the chair to President of the Senate, Lieutenant Governor Owen.

The President appointed a special committee to escort the Supreme Court Justices from the State Reception Room to the House Chamber: Representatives Bruce Chandler, Carolyn Edmonds, Michael Stensen and Bob Sump, Senators Mary Margaret Haugen, Adam Kline, Jeanine Long and Bob McCaslin.

The President appointed a special committee to escort the State Elected Officials from the State Reception Room to the House Chamber: Representatives Kelly Barlean, Jeanne Edwards, Shay Schual-Berke and Mary Skinner and Senators Karen Fraser, Bob Morton, Bob Oke and Margarita Prentice.

The President appointed a special committee to advise His Excellency, Governor Gary Locke that the Joint Session had assembled and to escort him from his chambers to the House Chamber: Representatives Luke Esser and Laura Ruderman and Senators Val Loveland and Jim Horn.

The President appointed a special committee to escort Chief Justice Richard Guy to the Rostrum: Representatives Shirley Hankins and Christopher Hurst, and Senators Mike Heavey and Steve Johnson.

The Sergeant at Arms announced that the Supreme Court Justices had arrived. The President instructed the committee to escort the Justices to the front of the Chamber where the President introduced Associate Chief Justice Charles Z. Smith, Justice Barbara Durham, Justice Charles W. Johnson, Justice Barbara A. Madsen, Justice Gerry Alexander, Justice Philip Talmadge, Justice Richard B. Sanders, Justice Faith Ireland and Justice Pro Tempore James M. Dolliver.

The Sergeant at Arms announced that the State Elected Officials had arrived. The President instructed the committee to escort the Elected Officials to the front of the Chamber where the President introduced Secretary of State Ralph Munro, State Treasurer Mike Murphy, State Auditor Brian Sonntag, State Attorney General Christine O. Gregoire, Commissioner of Public Lands Jennifer Belcher and Insurance Commissioner Deborah Senn.

The Sergeant at Arms announced that His Excellency, Governor Gary Locke had arrived. The President instructed the committee to escort the Governor to the Rostrum where the President introduced Governor Gary Locke.

The Sergeant at Arms announced that the Honorable Richard P. Guy, Chief Justice of the State Supreme Court had arrived. The President instructed the committee to escort Chief Justice Guy to the Rostrum.

The President stated the purpose of the Joint Session was to receive the State of the Judiciary address from Chief Justice Richard Guy.

STATE OF THE JUDICIARY

CHIEF JUSTICE RICHARD P. GUY

Chief Justice Guy: "Governor, Lt. Governor, Speakers, Senators, Representatives, Elected Officials, members of the Judiciary, distinguished guests, ladies and gentlemen.

Two days ago, Justice James Dolliver retired following twenty-two years of service on the State Supreme Court and eleven years as Chief of Staff for Governor Evans. Five years ago, Justice Dolliver suffered a serious stroke. Shortly before Jim informed the Court that his doctors told him he could return to work, I visited Jim at his home. Jim saw that I was making my own evaluation of his ability to return. He said, "Guy, I want you to know my mind is as good as it has ever been." I replied, "Jim, that is not altogether reassuring to me." Jim then announced that I was out of control and that he had to return immediately — and he did. Some time later Barbara Dolliver fell down stairs at their home injuring her head and breaking both wrists. She recovered from those injuries and has resumed writing poetry. In these times, when heroes are tough to come by, I give you Jim and Barbara Dolliver.

With the consent of the President of the Senate, I would like to ask the Sergeant at Arms to escort former Governor Daniel J. Evans in to the House Chambers."

The President requested the Sergeant at Arms to escort former Governor Evans to the Rostrum.

Governor Evans: "Forty two years ago I wouldn't have needed these (as the former Governor put on his glasses). What a privilege it is for me to come back after forty two years when I first took my seat number 98 back there, whoever's occupying it now and began with the privilege of serving in this House followed by a career of public service. And it was at that same time that about that same time that Jim Dolliver began his long and distinguished career in public service. Many of you know but some may not that he was the son of an Ohio congressman, came by his political background naturally. First came to the Pacific Northwest as a park ranger in the Olympic National Park. We join together in 1963 when the House had a coalition. Now if you think a tie vote is tough, try a coalition sometime. Jim was the attorney for the Republican caucus, we had three caucuses that year and were quite successful. Next Spring, I decided that I would take a try at Governor and the first person I turned to was Jim Dolliver. As my campaign manager and with a borrowed car from a friend of mine who was a car dealer we spent over a year traveling the State every little village we could find, trying to convince people that there was an election coming up even though it was sixteen months away and I was really running for Governor. The election of course was successful and my first appointment was Jim Dolliver as my Chief of Staff. He was more than just a Chief of Staff or Staff member — he was a friend, a colleague and in many respects a mentor because I found in the intellectual giant someone who could with compassion and passion, with a knowledge that I could depend on, do the job of helping run this State. His permanent legacy is long. I mentioned that he first came to this State as a park range in Olympic National Park. One of my first hikes from Camp Parsons was into the Olympic Mountains more than fifty years ago and I still enjoy going back into those mountains. We spent a lot about hikes and places to go when we probably should have been talking state problems of importance. But these were problems of importance and out of it came some of the first environmental legislation, the protection of the Ocean strip of the Olympic National Park — the beginnings of what has flourished in the years since — of helping to protect this extraordinary land we all have the responsibility for.

He is a life long Republican — a life long Republican who believes strongly in equality, in compassion, in conservation and economic conservatism. An intellectual giant and yet one who has a twinkle in his eye and who frequently gave me some real good advice. On piece I will pass along.

On occasion as Governor, I got pretty upset. And I'd sit down and dictate a letter of massive retaliation against someone but I did have the good sense to always show it to Jim. And he would look at it and say, 'Governor, that's a whale of letter, that's marvelous. Why don't sit on it for twenty four hours? I would and I'd come back and sometimes I'd say 'Well maybe we shouldn't send it'. Other times I'd still be ready to go and he'd say 'That letter is so good that it belongs in the Archives for future generations.' There are other things in the Archives and I've got to share with you one memo of hundreds that past between Jim Dolliver and I during those days that I was Governor. Someday a graduate student in History will dig through the Archives and find many of those memos, probably scratch her head and wonder what in the world were they talking about. This one, Jimmy said 'further explication of word which is sometimes an intransitive verb and sometimes a noun, origin unknown. Recently Loretta (my scheduling secretary) inquired of you whether you wished to meet this person. You responded 'Oh piffle'. In early times I felt I had a firm grasp in Gubernatorial Nuances and Meanings. However in recent months some rather considerable errors in interpretation have been made. I am of the view that 'Oh piffle', while it might sound negative, really has some characteristics of the affirmative. This view gains weight when the definitions of piffle are examined: To talk in a trivial, inept or ineffective way perhaps a blend of piddle and trifle. Or trivial nonsense or inaptitude, empty gavel. Loretta says you may have said 'Oh piffler', i.e., one who piffles but that seems unlikely. If it was a case of bad reporting, it may have been you said 'Oh piffer' which is member of the Punjab Irregular Frontier Corps but since you are Navy not Army we have discarded that possibility. I suggested you might have 'O Pifferio' which is old Italian wind instrument used by shepherds i.e, a bag pipe but Ralph Munro was not in the office and besides he is Scotch. As you can see, all meaningful work has stopped until this matter is clarified. Please check one of the following: I will see him: Yes No See Me or None of the above

As I said that is only one of scores of similar memos that made each day a little more pleasant during the most difficult of times.

It is a great privilege for me, not only to come back to this Chamber but to come back for this purpose to tell Jim and Barbara Dolliver how much Nancy and I love them, how much they have meant to not only the political career but how much they have meant to our lives. They are great people. The Supreme Court and the State will lose an intelligectual giant but we will all be blessed by the more than forty years you have given to public service."

Chief Justice Guy: "The last time, Governor Evans, Justice Dolliver and I were in this chamber together, Dan Evans was a State Representative, Jim Dolliver was the attorney for the Republican caucus, and I was the speaker's attorney. We, like everyone in this chamber, are proof that the American dream is not dead. We can be anything we want, do anything we want. All we have to do is create our personal vision and work to achieve it.

A point of personal privilege. My wife Lynn also has a strong feeling of affection for this House. She was the receptionist for the speaker during the 1963 session. We were both from Spokane and had known one another. We became engaged during the session and married the following November. We have now been married 35 years. By your leave, I introduce Lynn, our three children Victoria, Heidi and Emily, and our two grandchildren, Jeremy and Jessica.

The purpose of this address is to advise you on the present state of the judiciary and inform you of our legislative requests for the next biennium. The judges of this state are proud, dedicated and independent. We are not insular or political advocates. We are competent people representing in our makeup all segments of Washington society. Issues are decided on their merits — not prejudged. Judges of this state are involved in their communities and active in improving the justice system. I want you to see the faces of representative state judges and to better understand how committed they are to their work and to the people they serve. I have invited three judges representing the district courts, superior courts and appeals courts of this state and will introduce them to you now. Judge Jim Riehl is a District Court Judge from Kitsap County. With assistance from the Supreme Court's Gender and Justice Commission, Judge Riehl organized a Domestic Violence summit for Kitsap County. Participants included teachers, doctors, police, social service organizations, business leaders and judges. From that conference, Judge Riehl developed a plan for such conferences that is being presented to the American Bar Association as a model.

Domestic violence is destructive of every aspect of family life. It not only damages the people directly involved, but children, grandparents, family members, friends, business associates, teachers, and medical personnel. During this session, the domestic violence coalition will propose enabling legislation in furtherance of the Federal Full Faith and Credit Domestic Violence Act. It will allow local prosecutors to enforce protection orders from other states to safeguard those who have fled to our jurisdiction. I support that legislation.

Judge Patricia Hall-Clark is a Superior Court Judge from King County. First as Court Commissioner and now as a Superior Court Judge, her work has been that of a Juvenile Court Judge and Family Court Judge. I know the Becca Bill has cost and hearings implications, and I presently make no comment on that aspect of the law. But Judge Clark, by her presence, wants to thank you for that legislation. She wants you to know that she has had children return to her Court and tell her that what she did for them under the authority of the Becca Bill saved their lives. Judges support family courts. We believe the family court must unify all aspects of law involving family issues, from juvenile to dissolution, under one division of the Superior Court. A family court must be served by judges who want to hear family law cases and who will be the family court judge for a term sufficient to give consistency and resolution to cases. The majority of dissolution cases involve pro se litigants. They need judges who will resolve their disputes with patience and fairness, and I ask you to consider legislation that promotes Unified Family Courts. We address funding for family courts in a Court Improvement Act, which I shall discuss with you today.

Judge Dennis Sweeney is Chief Judge of the Courts of Appeals and serves on the third division of the Court in Spokane. He lives in the Tri-Cities. The bar association of the Tri Cities has 100% participation in the local pro bono program to assist low income people of the area. When Judge Sweeney practiced law in Kennewick, he was a part of the local pro bono program, and as a judge he is a member of the Washington State Bar Association's committee on Access to Justice. While not every local bar association has 100% participation in pro bono services, free legal services are provided throughout the state by every local association and the services are worth thousands of dollars. I recognized that lawyers have their critics. However, in the area of giving money and help to provide services to people who need to access the system, who can't afford a lawyer and don't know where to turn, the lawyers of this state have been magnificent. Our courts would be unable to assist the citizens in resolving their legal problems without the contribution of the pro bono lawyers. On behalf of the Judiciary, I thank them. In addition to the services provided by local attorneys, it is also essential to have legal service clinics that are organized to service the public in certain areas. I will discuss Access to Justice funding when I later speak about the Court Improvement Act we are suggesting.

I am aware that some of you may believe that courts, and the Supreme Court in particular, are activist and fail to recognized that a court's function is to interpret legislation and the Constitution and not to usurp legislative policy making. Those of us who chose law as a career did so with an appreciation of a system of governance and order that evolved from the time people first joined together for collective security to our present democratic republic. There has always been a separation in the function of a legislative body and judicial body. There is, by us in the judicial branch, reverence for the legislature. Your acts are those of the people through representative government. You, through your legislation and through the purse, have a coextensive check and balance on us, as well as the executive branch. We understand our role, apply the laws you enact, interpret legislation hopefully as you intended, and protect our great charter, the Constitution. We do work, and will continue to work, together with you and the executive branch to enhance and protect our society. We will do nothing to diminish your role as the representatives of the people.

Next, I wish to discuss with you legislative proposals and suggestions, as well as activities we are undertaking, to make the courts more efficient. I have suggested that lawyers who run for judicial positions have some experience as lawyers. This proposal is not original but is one of the recommendations made by the Walsh Commission to the Supreme Court. My suggestion is that those who wish to be Supreme Court Justices serve a minimum of 10 years as a member of the bar. Those who seek to be Court of Appeals Judges should serve a minimum of 7 years as a member of the bar. And those who seek to be Superior Court Judges should serve a minimum of 5 years as a member of the bar. At present, the only court which requires years of experience as a member of the bar is the Court of Appeals. The supreme Court, the Superior Court Judges Association, and the Board for Judicial Administration of the State Judiciary, have each endorsed this proposal. While this proposal has been criticized as elitist and protectionist, I see it as a response to the public's need to have more knowledge about judicial candidates. At the very least, the public should be able to understand that all candidates have certain minimum qualifications. This should provide the public with some assurance that the people to whom they entrust their children, their property, and their rights have the wisdom of experience. This proposal is not in response to any individual. Rather, it is a perceived need studied and not pursued. I look to your collective wisdom on this proposal and invite sponsorship to this constitutional amendment that ultimately would be evaluated by the vote of the people.

There is a wonderful song in the play and movie "Cabaret" that "Money makes the world go around". While money may indeed make the world go around, the lack of money can also make the world stop. The trial courts are underfunded, and the criminal justice system is overwhelming the trial courts' ability to deal responsibly with civil justice.

To assist the trial courts in performing their responsibilities of providing justice in a timely and available manner, both in criminal as well as civil proceedings, we propose what we have termed the Court Improvement Act of 1999. This proposal would fund the salaries of all trial judges, district and superior, from the State general fund rather than county money. In addition this Improvement Act would provide necessary training for local police officers so they would better understand the statutory and constitutional requirements of their jobs. The Act would allow some flexibility in how court services are delivered by employing business-enhancing best practices approved by the Board for Judicial Administration. Finally, the Improvement Act would provide funding for legal services in that in large measure it will be used to assist low income people in resolving domestic disputes that are so procedurally difficult and in addressing landlord and tenant conflicts. Legal services are as critical to our citizens' well being as are medical services. Legal service assistance is essential to the judiciary in the performance of our duties of insuring that people before the court know their choices and their rights and their responsibilities under the law. The judiciary supports the funding of legal services, and we ask you to continue to support those services that are so vital to the people by supporting this funding proposal. We do not come before you with these funding requests without bringing to the table potential enhanced public safety penalty fees and litigation filing fees. Our contribution through these fees would provide to the state more than half of the requests for state money sought in the Improvement Act. The legislation has been pre-filed.

Two years ago you provided funding for the Supreme Court to create a Commission on Justice, Efficiency and Accountability. Under the leadership of then-Chief Justice Barbara Durham, the Commission undertook its work. It identified the need for funding expressed in the Court Improvement Act. It reviewed and approved trial court standards for all trial courts. It identified the missions of the courts and categorized them by whether they were core or non-core missions. We are now at the heart of the work. Our final effort will be to determine how well we perform our missions and identify who should perform those functions. As a part of that evaluation, we will also consider alternatives that may be offered to litigants to resolve their cases. In today's world, there are no monopolies, and that includes government services. Private judging supplements, and in some cases supplants, the judiciary. Cost, time, selection of a judge, and certainty of a trial date are some of the reasons private judging has become popular. We must adjust governmental services, including the judiciary, to meet the needs of the people. Protracted and delayed justice is making civil justice no longer available. Our courts will become criminal courts almost exclusively. Petty drug enforcement cases are overwhelming us. Technology demands of a changing society require that we in the judiciary examine how we do business and whom we serve. We are undertaking that evaluation.

Some time ago the Supreme Court commissioned a study on the functions of the District Courts. Justice Charles Johnson has agreed to chair a subcommittee of the Board for Judicial Administration to evaluate that study's recommendations and possible implementation. The Supreme Court is aware that in this state there are more than 385,000 unserved warrants issued by district courts. These warrants arise from misdemeanor arrests, DUI arrests, and major traffic infractions. Often a convicted offender will move beyond a county's jurisdiction and thus avoid arrest and, if arrested, avoid being returned to the county where the charge originated. Out-of-county warrants are not routinely served because of the cost in transporting a prisoner back to the county where the warrant was issued. The county were an offender later resides has no jurisdiction to try the person or to order local jail time since the district court's jurisdiction is limited to its county. Finally, no county wants to use its resources or its crowded jail to remedy another county's problem. Justice Johnson's subcommittee will also make recommendations on how to resolve the outstanding warrant problem. The solutions may include both legislation and a change of court rules. I am pleased to advise that members of the Senate and House Judiciary Committees have agreed to serve on this subcommittee to help shape the solutions and report back to the legislature.

You will receive shortly a copy of a report by the Supreme Court Domestic Relations Commission and the Gender and Justice Commission of the Supreme Court on the parenting plan. The report is being presented to the judiciary committees of both houses by the researcher. The report validates the need for parenting plan legislation. It does identify current requirements that appear counter-productive and states that the forms required have become too numerous and difficult to complete. The majority of parties dissolving their marriage are not represented by attorneys but appear pro se. Of those who represent themselves in their dissolution actions, up to 80% must return to court for modification because of changes that occur or because some needed element of the dissolution was not made a part of the original action. The report points out the need for a family court judge who can provide continuity for the parties and resolve their disputes more efficiently and right the first time.

Another concern of the courts is the time it takes to place children in permanent homes after there has been a termination of parental rights. Foster care is designed to be temporary but often becomes long term. A Permanency Oversight Committee has devised a framework for permanency planning and accomplishment to ensure that children in foster care have families of their own. The five-year plan for ensuring permanent families is now before you for your evaluation. While there are no legislative requests, the plan does involve the participation of the Department of Social and Health Services, an agency funded by you.

It is difficult for me to express to you the reverence we judges have for the legislature as being representatives of the people. We appreciate the complexity of the tasks assigned to you and understand that you do business in great waters. We do so by giving life and expression in our courts to your legislation. We are an independent branch of our great government that strives to do the public's business in this time of social change and limited resources. However, nether the judiciary nor the legislature nor the executive can act alone in governance. We are a team working together for the common good. I pledge to you our advice on legislation, past and future, and our efforts in making business changes in managing the courts that are consistent with constitutional and statutory imperatives. In the future the ability of all of us will be needed to intelligently discern between areas of ethical concern and statutory needs in the application of genetic research. The uses to which the computer is being put and will be put involve privacy concerns and business practices which will be issues of first impression for legislators and courts requiring collective thought.

This is the state of the Judiciary. We are proud, dedicated and independent. We are proud of our role in being the forum where grievances and disputes may be resolved fairly. We are dedicated to improving the management of the services we provide. We believe in judicial independence. We will never be partisan in our decisions. We will do what is right under the law, however unpopular. I am proud of our state judges and even more proud of being able to represent them to you today.

You have been kind to invite me to this, your chamber. You have been kinder still in listening to me. By your leave, I step down from this, your bench, and go where I belong, with the judges of this state now before you."

The President thanked Chief Justice Guy for his comments.

The President requested the committee to escort Governor Locke from the House Chambers to the State Reception Room.

The President requested the committee to escort the State Elected Officials from the House Chamber.

The President requested the committee to escort the Supreme Court Justices from the House Chamber.

On motion by Representative Lisk, the Joint Session was dissolved.

The President relinquished the chair to Speaker Ballard.

Speaker Ballard requested the Sergeant at Arms to escort President of the Senate Owen, President Pro Tempore Wojahn, Majority Leader Snyder, Minority Leader McDonald and the 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 by Representative Lisk, the House adjourned until 10:00 a.m., Thursday, January 14, 1999.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker

DEAN R. FOSTER, Chief Clerk FRANK CHOPP, Speaker

1041

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1042

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1043

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1044

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1045

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1046

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1047