TENTH DAY
MORNING SESSION
Senate Chamber, Olympia, Wednesday, January 17, 2007
The Senate was called to order at 11:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Benton, Delvin, Fairley, Hargrove, Jacobsen, Marr, McAuliffe, McCaslin, Pflug, Poulsen, Rockefeller, Stevens, Tom, Weinstein and Zarelli.
The Sergeant at Arms Color Guard consisting of Pages Lauren Wiley and Seth Rieger, presented the Colors.
President Owen: "I know we're all creatures of habit and if something doesn't seem right today, that is the prayer. It will be offered during the joint session today."
REMARKS BY THE PRESIDENT
President Owen: “I would like to welcome Mary Wiley back today, she’s going to observe Linda and make sure that everything is being done correctly here. Her other four grandchildren. Is that right? Five other grandchildren are in the gallery and we’d like to welcome you here today, both you and your grand kids. Thank you for being here.”
EDITORS NOTE: Mrs. Mary Wiley served as Senate Journal Clerk from 1983-2003.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
There being no objection, the Senate advanced to the first order of business.
REPORTS OF STANDING COMMITTEES
January 16, 2007
SB 5056 Prime Sponsor, Rasmussen: Continuing the small farm direct marketing assistance program. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Rasmussen, Chair; Hatfield, Vice Chair; Morton, Schoesler and Shin
Passed to Committee on Rules for second reading.
January 16, 2007
SB 5057 Prime Sponsor, Rasmussen: Repealing the statutes regulating food lockers. Reported by Committee on Agriculture & Rural Economic Development
MAJORITY recommendation: Do pass. Signed by Senators Rasmussen, Chair; Hatfield, Vice Chair; Morton, Schoesler and Shin
Passed to Committee on Rules for second reading.
January 15, 2007
SB 5063 Prime Sponsor, Kohl-Welles: Removing gender references. Reported by Committee on Labor, Commerce, Research & Development
MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Keiser, Vice Chair; Clements, Franklin, Holmquist, Murray and Prentice
Passed to Committee on Rules for second reading.
January 16, 2007
SB 5072 Prime Sponsor, Honeyford: Exempting fraternal organizations from property taxation. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Without recommendation. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Kline, Pridemore, Roach and Swecker
Passed to Committee on Ways & Means.
January 16, 2007
SB 5187 Prime Sponsor, Haugen: Exempting a portion of the valuation of residential property from property taxation. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Without recommendation. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Benton, Kline, Pridemore, Roach and Swecker
Passed to Committee on Ways & Means.
January 16, 2007
SB 5201 Prime Sponsor, McCaslin: Providing property tax relief for senior citizens and persons retired because of physical disability. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Without recommendation. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Benton, Kline, Pridemore, Roach and Swecker
Passed to Committee on Ways & Means.
January 16, 2007
SJR 8210 Prime Sponsor, Haugen: Providing a homestead exemption from property taxation for principal residences. Reported by Committee on Government Operations & Elections
MAJORITY recommendation: Without recommendation. Signed by Senators Fairley, Chair; Oemig, Vice Chair; Benton, Kline, Pridemore and Swecker
Passed to Committee on Ways & Means.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
January 16, 2007
SGA 9208 GLENN GORTON, reappointed January 1, 2005, for the term ending December 31, 2007, as Member of the Investment Board. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Berkey, Chair; Hobbs, Vice Chair; Benton, Franklin, Hatfield, Parlette and Schoesler
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the third order of business.
GUBERNATORIAL APPOINTMENTS
January 12, 2007
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
LAWTON CASE, appointed October 1, 2005, for the term ending September 30, 2010, as Member, Board of Trustees, Green River Community College District No. 10.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Higher Education.
January 12, 2007
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
CECILIA DELUNA-GAETA, appointed October 1, 2005, for the term ending September 30, 2010, as Member, Board of Trustees, Big Bend Community College District No. 18.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Higher Education.
February 13, 2006
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
DONALD ROOT, reappointed October 1, 2005, for the term ending September 30, 2010, as Member, Board of Trustees, Seattle, So. Seattle and No. Seattle Community Colleges District No. 6.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Higher Education.
October 24, 2005
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
PATRICIA SHEA, appointed October 5, 2005, for the term ending September 30, 2010, as Member, Board of Trustees, Spokane and Spokane Falls Community Colleges District No. 17.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Higher Education.
MOTION
On motion of Senator Eide, all appointees listed on the Gubernatorial Appointments report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 5309 by Senators Kastama, Shin, Rasmussen and Hatfield
AN ACT Relating to the creation of certified capital companies to promote economic development through investment in start-up and emerging Washington businesses; adding a new section to chapter 48.14 RCW; adding a new chapter to Title 43 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Economic Development, Trade & Management.
AN ACT Relating to the collection of judgments; and amending RCW 4.16.020 and 6.17.020.
Referred to Committee on Judiciary.
SB 5311 by Senators Brown, Zarelli, Prentice, Marr, Tom, McAuliffe and Kilmer
AN ACT Relating to a budget stabilization account; amending RCW 43.135.035; reenacting and amending RCW 43.84.092 and 43.135.045; adding new sections to chapter 43.79 RCW; adding a new section to chapter 82.33 RCW; creating a new section; repealing RCW 43.33A.220 and 43.135.051; providing a contingent effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5312 by Senators Tom, Holmquist, Kline, Roach, Kilmer, Marr, Sheldon, Morton, Pridemore, McCaslin, Berkey, Delvin, Shin, Rasmussen, Parlette and Stevens
AN ACT Relating to protecting and recovering property owned by utilities, telecommunications companies, railroads, state agencies, political subdivisions of the state, construction firms, and other parties; amending RCW 19.60.020 and 19.60.085; reenacting and amending RCW 19.60.066; adding new sections to chapter 19.60 RCW; creating a new section; repealing RCW 9.91.110; prescribing penalties; and declaring an emergency.
Referred to Committee on Judiciary.
SB 5313 by Senators Haugen, Schoesler, Kilmer, Hatfield, Shin and Rasmussen
AN ACT Relating to establishing the retirement age for members of the Washington state patrol retirement system; amending RCW 43.43.250; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5314 by Senators Kauffman, Schoesler, Prentice, Marr, McAuliffe, Regala, Oemig, Hobbs, Rasmussen, Franklin, Keiser, Kilmer, Jacobsen, Tom, Spanel, Shin, Kline, Kohl-Welles, Sheldon and Roach
AN ACT Relating to record checks for developmental disabilities service providers; and adding a new section to chapter 71A.12 RCW.
Referred to Committee on Health & Long-Term Care.
SB 5315 by Senators Schoesler, Rasmussen, Holmquist, Sheldon, Honeyford, Stevens, Clements, Morton, Delvin, Hatfield, Kilmer, Shin and Roach
AN ACT Relating to property access during forest fires; amending RCW 76.04.600, 76.04.016, 47.48.040, and 76.04.610; and adding a new section to chapter 47.48 RCW.
Referred to Committee on Natural Resources, Ocean & Recreation.
SB 5316 by Senators Kohl-Welles, Hargrove, Stevens and Regala
AN ACT Relating to day-care insurance; and amending RCW 43.215.535.
Referred to Committee on Human Services & Corrections.
SB 5317 by Senators Kohl-Welles, Brandland, Hargrove, Stevens, Regala and McAuliffe
AN ACT Relating to child care safety; amending RCW 43.215.005, 43.215.010, 43.215.200, 43.215.525, and 43.215.530; adding new sections to chapter 43.215 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Human Services & Corrections.
SB 5318 by Senators Poulsen and Jacobsen
AN ACT Relating to wildlife conservation in Washington's portion of the Yukon to Yellowstone Rocky mountain ecosystem; adding a new section to chapter 77.12 RCW; and creating a new section.
Referred to Committee on Natural Resources, Ocean & Recreation.
SB 5319 by Senators Berkey, Morton and Fairley
AN ACT Relating to the issuance of checks by joint operating agencies and public utility districts; and amending RCW 43.52.375 and 54.24.010.
Referred to Committee on Government Operations & Elections.
SB 5320 by Senators Franklin, McCaslin, Kline, Stevens, Prentice, Parlette, Regala, Hargrove, Rasmussen, Murray, Jacobsen, Hewitt, Keiser and Roach
AN ACT Relating to creating an office of public guardianship as an independent agency of the judiciary; and adding a new chapter to Title 2 RCW.
Referred to Committee on Judiciary.
SB 5321 by Senators Carrell, Regala, Stevens, Schoesler, Clements and Rasmussen
AN ACT Relating to child welfare; amending RCW 26.44.020, 26.44.030, 26.44.031, 74.13.280, and 74.15.130; and adding a new section to chapter 74.13 RCW.
Referred to Committee on Human Services & Corrections.
SB 5322 by Senators Berkey, Shin, Haugen, Schoesler, Hobbs, Kilmer and Marr
AN ACT Relating to identifying sites and programs for a four-year institution of higher education serving the Snohomish-Island-Skagit county region; and creating new sections.
Referred to Committee on Higher Education.
SB 5323 by Senators Morton, Honeyford and Kohl-Welles
AN ACT Relating to social security number privacy; and adding a new section to chapter 50.13 RCW.
Referred to Committee on Consumer Protection & Housing.
SB 5324 by Senators Jacobsen, Shin, Rasmussen and Kohl-Welles
AN ACT Relating to leaves of absence for peace corps volunteers; and adding a new section to chapter 28A.400 RCW.
Referred to Committee on Early Learning & K-12 Education.
AN ACT Relating to creating a nonpartisan judicial commission; amending RCW 2.04.100 and 2.06.080; adding a new section to chapter 2.04 RCW; and providing a contingent effective date.
Referred to Committee on Judiciary.
AN ACT Relating to creating nonpartisan commissions for judicial nominees; amending RCW 2.04.100 and 2.06.080; adding new sections to chapter 2.04 RCW; and providing a contingent effective date.
Referred to Committee on Judiciary.
AN ACT Relating to higher education tuition and fees; and amending RCW 28B.15.069.
Referred to Committee on Higher Education.
AN ACT Relating to preventing the release of petroleum products into the environment; amending RCW 70.148.020; adding a new section to chapter 70.148 RCW; and creating a new section.
Referred to Committee on Water, Energy & Telecommunications.
AN ACT Relating to the archiving of mailed political advertising; and adding a new section to chapter 42.17 RCW.
Referred to Committee on Government Operations & Elections.
SB 5330 by Senators Poulsen, Pridemore, Kohl-Welles, Kline and Jacobsen
AN ACT Relating to the local sales and use tax that is credited against the state sales and use tax for cities to offset municipal service costs to newly annexed areas; and amending RCW 82.14.415.
Referred to Committee on Government Operations & Elections.
SB 5331 by Senators Swecker, Pflug, Haugen, Delvin and Hatfield
AN ACT Relating to a window tint exemption for law enforcement vehicles; and amending RCW 46.37.430.
Referred to Committee on Transportation.
SB 5332 by Senators Roach, Prentice and Rasmussen
AN ACT Relating to creating a statewide automated victim information and notification system; amending RCW 36.28A.040; and creating a new section.
Referred to Committee on Human Services & Corrections.
SB 5333 by Senators Murray, Eide, Jacobsen, Marr, Spanel and Shin
AN ACT Relating to teenage drivers; amending RCW 46.20.025, 46.20.055, 46.20.075, 46.20.100, 46.20.267, 46.82.280, 46.82.290, 46.82.300, 46.82.320, and 46.82.430; adding a new section to chapter 46.82 RCW; adding a new section to chapter 28A.320 RCW; repealing RCW 28A.220.010, 28A.220.020, 28A.220.030, 28A.220.040, 28A.220.050, 28A.220.060, 28A.220.070, 28A.220.080, 28A.220.900, 43.131.397, 43.131.398, and 46.82.400; and prescribing penalties.
Referred to Committee on Transportation.
SB 5334 by Senators Murray and Jacobsen
AN ACT Relating to motor fuel vendors; amending RCW 19.112.010; and adding a new section to chapter 19.112 RCW.
Referred to Committee on Transportation.
SB 5335 by Senators Murray, Regala, Kohl-Welles, Fairley, Prentice, Kline, Pridemore, Weinstein, Poulsen, Fraser, Jacobsen and Keiser
AN ACT Relating to civil marriage equality, recognizing the right of all citizens of Washington state, including couples of the same gender, to obtain civil marriage licenses; amending RCW 26.04.010 and 26.04.020; and creating a new section.
Referred to Committee on Judiciary.
SB 5336 by Senators Murray, Kohl-Welles, Fairley, Prentice, Regala, Oemig, Tom, Kline, Hobbs, Pridemore, Keiser, Berkey, Franklin, Brown, Weinstein, Rockefeller, Poulsen, Fraser, Jacobsen, Spanel and McAuliffe
AN ACT Relating to protecting individuals in domestic partnerships by granting certain rights and benefits; amending RCW 41.05.065, 7.70.065, 70.02.050, 11.07.010, 11.94.080, 68.32.020, 68.32.030, 68.32.040, 68.32.060, 68.32.110, 68.32.130, 68.50.100, 68.50.101, 68.50.105, 68.50.160, 68.50.200, 68.50.550, 11.04.015, and 11.28.120; adding a new section to chapter 43.07 RCW; adding a new section to chapter 41.05 RCW; and adding a new chapter to Title 26 RCW.
Referred to Committee on Government Operations & Elections.
SB 5337 by Senators Schoesler, Fairley, Swecker, Zarelli, Pridemore, Brandland, Oemig, Honeyford, Rasmussen and Roach
AN ACT Relating to construction or improvements at fire stations and buildings; and amending RCW 52.14.110.
Referred to Committee on Labor, Commerce, Research & Development.
SB 5338 by Senators Kilmer and McCaslin
AN ACT Relating to traffic infractions involving rental vehicles; and amending RCW 46.63.073, 46.63.160, and 46.63.170.
Referred to Committee on Transportation.
SB 5339 by Senators Kilmer, Kastama, Rockefeller and Rasmussen
AN ACT Relating to authorizing the acquisition and operation of tourism-related facilities by port districts; and amending RCW 53.08.255.
Referred to Committee on Economic Development, Trade & Management.
SB 5340 by Senators Kline, Swecker, Fairley, Kohl-Welles, Shin, Pridemore, McAuliffe, Regala, Murray, Spanel, Franklin, Rockefeller, Kauffman and Keiser
AN ACT Relating to the definition of disability in the Washington law against discrimination, chapter 49.60 RCW; amending RCW 49.60.040; and creating new sections.
Referred to Committee on Judiciary.
SB 5341 by Senators Kline, Weinstein and Hobbs
AN ACT Relating to breaches of security that compromise personal information; amending RCW 19.255.010 and 42.56.590; adding a new section to chapter 19.86 RCW; and prescribing penalties.
Referred to Committee on Consumer Protection & Housing.
SB 5342 by Senators Kline, Roach and Kohl-Welles
AN ACT Relating to drug courts; and amending RCW 2.28.170.
Referred to Committee on Judiciary.
AN ACT Relating to crimes against property; amending RCW 9A.48.070, 9A.48.080, 9A.48.090, 9A.56.030, 9A.56.040, 9A.56.050, 9A.56.060, 9A.56.096, 9A.56.150, 9A.56.160, 9A.56.170, and 9.94A.535; and prescribing penalties.
Referred to Committee on Judiciary.
SB 5344 by Senators Kline and Weinstein
AN ACT Relating to false or fraudulent refusal of an insurance claim; amending RCW 48.30.230; and prescribing penalties.
Referred to Committee on Consumer Protection & Housing.
SB 5345 by Senators Kline, McCaslin, Fairley, Hobbs, Delvin, Rasmussen and Roach
AN ACT Relating to requirements for ignition interlock devices; and amending RCW 46.20.391.
Referred to Committee on Judiciary.
SB 5346 by Senators Kline and Hargrove
AN ACT Relating to interest on judgments entered against offenders; and amending RCW 10.82.090.
Referred to Committee on Judiciary.
SB 5347 by Senators Kline, McCaslin, Hargrove, Carrell and Roach
AN ACT Relating to exceptional sentences; and amending RCW 9.94A.537, 9.94A.431, and 43.10.030.
Referred to Committee on Judiciary.
SB 5348 by Senators Kline, Franklin, Kohl-Welles, Prentice, Fairley, Pridemore and McAuliffe
AN ACT Relating to reporting drug overdoses; and adding a new section to chapter 69.50 RCW.
Referred to Committee on Judiciary.
SB 5349 by Senators Kline, Franklin, Kohl-Welles and Weinstein
AN ACT Relating to persistent offenders; reenacting and amending RCW 9.94A.030; adding a new section to chapter 9.94A RCW; prescribing penalties; and providing an expiration date.
Referred to Committee on Judiciary.
SB 5350 by Senators Kline and Hargrove
AN ACT Relating to telephone records; amending RCW 9.26A.140 and 19.86.090; and adding a new section to chapter 19.86 RCW.
Referred to Committee on Judiciary.
SB 5351 by Senators Kline and Spanel
AN ACT Relating to the court of appeals; amending RCW 2.06.040; and adding a new section to chapter 2.06 RCW.
Referred to Committee on Judiciary.
SB 5352 by Senators Kline, Keiser, Fairley, Kohl-Welles and Franklin
AN ACT Relating to the burden of proof in disciplinary actions involving health professionals; adding a new section to chapter 18.130 RCW; and creating a new section.
Referred to Committee on Judiciary.
SB 5353 by Senators Kline, McCaslin, Swecker and Pridemore
AN ACT Relating to courts of limited jurisdiction; amending RCW 3.50.003, 3.50.005, 3.50.020, 3.50.040, 3.50.050, 3.50.057, 3.50.075, 3.50.805, 39.34.180, and 10.14.150; adding a new section to chapter 3.50 RCW; repealing RCW 3.50.055 and 3.50.070; providing an effective date; and declaring an emergency.
Referred to Committee on Judiciary.
SB 5354 by Senators Kline, Poulsen, Weinstein, Pridemore and Kohl-Welles
AN ACT Relating to the scope of agency actions under the administrative procedure act; amending RCW 34.05.010; and creating a new section.
Referred to Committee on Judiciary.
SB 5355 by Senators Kline, Kohl-Welles, Pridemore and Weinstein
AN ACT Relating to the time at which rights vest in land use permit applications; amending RCW 19.27.095, 58.17.033, and 58.17.170; and adding a new section to chapter 36.70B RCW.
Referred to Committee on Government Operations & Elections.
SB 5356 by Senators Kline, Fairley, Fraser, Kohl-Welles, Pridemore, Regala, Poulsen, Keiser, Tom and McAuliffe
AN ACT Relating to paid petition signature gathering; amending RCW 29A.84.280; reenacting RCW 29A.84.250; and prescribing penalties.
Referred to Committee on Government Operations & Elections.
SB 5357 by Senators Kline, McCaslin, Kauffman and Fairley
AN ACT Relating to privileged communications; and reenacting and amending RCW 5.60.060.
Referred to Committee on Judiciary.
SB 5358 by Senators Kline, Kohl-Welles, Fairley, McCaslin and Marr
AN ACT Relating to a privilege from compelled testimony for members of the news media; and adding a new chapter to Title 5 RCW.
Referred to Committee on Judiciary.
SB 5359 by Senators Rockefeller, Poulsen, Oemig, Marr, Pridemore, Regala, Fraser, Kline and McAuliffe
AN ACT Relating to the creation of the greenhouse gas reporting study panel; and creating new sections.
Referred to Committee on Water, Energy & Telecommunications.
SB 5360 by Senators Parlette, Pridemore and Holmquist
AN ACT Relating to mosquito control districts; and amending RCW 17.28.255 and 79.44.010.
Referred to Committee on Government Operations & Elections.
SB 5361 by Senators Jacobsen and Shin
AN ACT Relating to the performance of Taps at veterans' funerals; adding a new section to chapter 73.24 RCW; and creating a new section.
Referred to Committee on Government Operations & Elections.
SB 5362 by Senators Jacobsen, Pridemore, Rasmussen and Kline
AN ACT Relating to a conservation futures levy; and amending RCW 84.34.230.
Referred to Committee on Agriculture & Rural Economic Development.
AN ACT Relating to using traffic safety cameras on arterial highways; and amending RCW 46.63.170.
Referred to Committee on Transportation.
AN ACT Relating to the director of the department of fish and wildlife; and amending RCW 43.17.020 and 77.04.013.
Referred to Committee on Natural Resources, Ocean & Recreation.
AN ACT Relating to creating the historically Black college fund pilot project; amending RCW 28B.10.790 and 28B.92.030; adding new sections to chapter 28B.76 RCW; creating a new section; and providing expiration dates.
Referred to Committee on Higher Education.
SB 5366 by Senators Haugen and Jacobsen
AN ACT Relating to the issuance of enhanced drivers' licenses and identicards to facilitate crossing the Canadian border; and adding a new section to chapter 46.20 RCW.
Referred to Committee on Transportation.
SB 5367 by Senators Shin, Kastama, Kilmer, Kauffman, Clements, Berkey and Rasmussen
AN ACT Relating to the establishment of the Washington trade corps fellowship program; adding new sections to chapter 43.31 RCW; creating a new section; and making appropriations.
Referred to Committee on Economic Development, Trade & Management.
SB 5368 by Senators Shin, Kastama, Berkey, Kilmer, Kauffman, Clements and McAuliffe
AN ACT Relating to workplace entrepreneurial training for youth; amending RCW 28A.300.230, 28A.300.235, and 28A.630.881; adding a new section to chapter 28C.18 RCW; adding a new section to chapter 28A.300 RCW; recodifying RCW 28A.630.881; and making appropriations.
Referred to Committee on Early Learning & K-12 Education.
SB 5369 by Senators Shin, Berkey and Kilmer
AN ACT Relating to creating a scholarship for students entering mathematics and science professions; reenacting and amending RCW 43.79A.040; and adding a new chapter to Title 28B RCW.
Referred to Committee on Higher Education.
SB 5370 by Senators Shin, Berkey, Rasmussen and Kline
AN ACT Relating to job skills training for juvenile offenders; amending RCW 28A.190.030 and 28A.190.040; adding a new section to chapter 13.06 RCW; and creating a new section.
Referred to Committee on Early Learning & K-12 Education.
SB 5371 by Senators Brandland, Kohl-Welles, Holmquist, Tom and Rasmussen
AN ACT Relating to record checks for school employees; amending RCW 28A.400.303 and 43.43.838; adding a new section to chapter 72.41 RCW; and adding a new section to chapter 72.42 RCW.
Referred to Committee on Early Learning & K-12 Education.
SB 5372 by Senators Rockefeller, Swecker, Poulsen, Marr, Keiser, Shin, Kline, McAuliffe, Fraser, Kilmer and Murray
AN ACT Relating to the Puget Sound partnership; amending RCW 90.71.005, 90.71.100, 43.17.010, 43.17.020, and 42.17.2401; adding a new section to chapter 41.06 RCW; adding a new section to chapter 77.85 RCW; adding new sections to chapter 90.71 RCW; adding a new section to chapter 70.118 RCW; recodifying RCW 90.71.100; decodifying RCW 90.71.902 and 90.71.903; repealing RCW 90.71.010, 90.71.015, 90.71.020, 90.71.030, 90.71.040, 90.71.050, 90.71.060, 90.71.070, 90.71.080, 90.71.900, and 90.71.901; providing an effective date; and declaring an emergency.
Referred to Committee on Water, Energy & Telecommunications.
Requiring that supreme court vacancies be filled according to statute.
Referred to Committee on Judiciary.
Requiring that supreme court vacancies be filled according to statute.
Referred to Committee on Judiciary.
Creating a joint select committee concerning Latino accessibility to higher education.
Referred to Committee on Higher Education.
MOTION
On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 5337 which was referred to the Committee on Labor, Commerce, Research & Development and Senate Bill No. 5368 which was referred to the Committee on Early Learning & K-12 Education.
MOTION
On motion of Senator Brandland, Senators Benton, Delvin, McCaslin, Morton, Pflug, Stevens and Zarelli were excused.
MOTION
At 11:39 a.m., on motion of Senator Eide, the Senate was declared to be at ease for the purpose of Joint Session to hear the State of the Judiciary in the House of Representatives.
JOINT SESSION
The Sergeant at Arms announced the Senate had arrived. The Speaker (Representative Lovick presiding) instructed the Sergeant at Arms of the House and the Sergeant at Arms of the Senate to escort President of the Senate Brad Owen, President Pro Tempore Rosa Franklin, Vice President Pro Tempore Paull Shin and Republican Leader Mike Hewitt to seats on the Rostrum. The Senators were invited to seats within the Chamber.
The Speaker (Representative Lovick presiding) called the Joint Session to order. The Clerk called the roll of House members. The Clerk called the roll of Senate members. A quorum of the Legislature was present.
The Speaker (Representative Lovick presiding) called upon President of the Senate Owen to preside.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed a special committee to escort the Supreme Court Justices to the Chamber: Representatives Dickerson, Flannigan, Haler and Rodne, Senators Benton, Pridemore, Regala and Swecker.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed a special committee to escort the State Elected Officials to the Chamber: Representatives Chandler, Kretz, Moeller and Simpson, Senators Eide, Oemig, Pflug and Schoesler.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed a special committee to advise Her Excellency, Governor Christine Gregoire that the Joint Session had assembled and to escort her to the Chamber: Representatives Kenney and Ross, Senators Haugen and Morton.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed a special committee to escort Chief Justice Gerry Alexander to the Chamber: Representatives Lantz and Priest, Senators Carrell and Keiser.
The Supreme Court Justices arrived, were escorted to the front of the Chamber and were introduced: Justice Charles W. Johnson, Justice Barbara A. Madsen, Justice Richard B. Sanders, Justice Bobbe Bridge, Justice Tom Chambers, Justice Susan Owens, Justice Mary Fairhurst and Justice Jim Johnson.
The State Elected Officials arrived, were escorted to the front of the Chamber and were introduced: State Auditor Brian Sonntag, State Treasurer Mike Murphy, Attorney General Rob McKenna and Superintendent of Public Instruction Terry Bergeson.
Governor Christine Gregoire arrived and was escorted to the Rostrum.
Supreme Court Chief Justice Gerry Alexander arrived, was escorted to the Rostrum and was introduced.
The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Ryan Gutierrez and Dessie Larson. The President led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Bernise S. Brown, Faith, Love and Hope Ministry, Olympia.
Chief Justice Alexander: "President Owen, Speaker Chopp, Governor Gregoire, elected officials, members of the House and Senate, fellow justices and judges, ladies and gentlemen. Good afternoon.
Let me first extend thanks to the members of the legislature for the warm welcome you have accorded me and my fellow justices. We are very honored to be here for the purpose of allowing me to present, on behalf of our court and the judiciary of this state, the biennial State of the Judiciary address, the fourth I have had the privilege of delivering since I first became chief justice.
My colleagues and I are aware that time is precious to legislators during legislative sessions, and we are grateful for the opportunity to speak to you as well as to our state's elected officials and the people of Washington.
While the halls of this legislature are in close proximity to the offices of our state elected officials and the Temple of Justice, our respective branches of government have very different functions and we do not have many opportunities like this to gather together. While some may feel that this is as it should be under the doctrine of separation of powers, it is my view that occasions like this and the governor's State of the State message, can lead us all to better appreciate the important role that each branch performs in our democracy.
As you know, our state's justice system is present in every county in our state as well as in most of our cities and towns. It functions in courthouses and municipal court buildings, and is presided over by nine justices of the Supreme Court, 23 judges of our court of appeals, 182 superior court judges and 204 full and part-time judges of our district and municipal courts. These justices and judges can't, of course, manage the system alone and, fortunately, they have the assistance of dedicated court commissioners, county clerks, and staff that work hard managing caseloads that collectively total more than two million filings each year—more than one filing for every three citizens of our state.
I wish I could have every judicial officer in the state here today, but as you will be able to tell from my remarks they have plenty to do at home. I did, though, ask a few judges to be here to represent the judiciary of our state. Representing our hardworking court of appeals is its presiding chief judge, Steve Brown of Yakima. Judge Brown, would you please stand. Also present are the presidents of our two excellent trial court associations, Kittitas County Superior Court Judge Michael Cooper, president of the Superior Court Judges' Association of Washington and Grant County District Court Judge Richard Fitterer, president of the District and Municipal Court Judges' Association. I would like them to stand as well and be recognized. Sitting with these judges are members of the Board for Judicial Administration, the policy setting board for the entire judiciary, which had its monthly meeting here in Olympia earlier today. Would they please stand.
I am immensely proud of these judges and the judicial officers that they represent at the four levels of our court system. I have been fortunate to serve at three of those levels during my judicial career—the superior court, the Court of Appeals, and for the last 12 years at the Supreme Court—and I can tell you from my almost 34 years of experience in our justice system, that we have one of the hardest working and innovative collection of judges in the nation. In my view, the quality of Washington's judiciary has never been better than it is at this moment.
At every level, our courts have a direct affect on the lives of individuals. This is particularly true of our trial courts. At the superior court, judges determine child custody issues, protect victims of domestic violence from harm, preside over felony criminal cases and all manner of significant civil disputes. At the limited jurisdiction level, judges handle misdemeanor and gross misdemeanor cases, traffic infractions, and a myriad of other matters, including, at the district court, small claims cases and civil actions where $50,000 or less is sought. Our limited jurisdiction trial court judges see huge numbers of persons in their courts each year and these courts can truly be called our "people's courts."
When reflecting upon the important work of each level of court in our state, and the challenges they face, I am reminded of the old saying that, "If we do not maintain justice, justice will not maintain us." These words go to the very essence of our great republic and contribute to the pride we feel about our nation, our state, and our system of government. As Americans and Washingtonians, we revere justice, and we show that by periodically facing our nation's flag and reciting these words: "liberty and justice for all." Maintaining a strong and fair justice system is, I believe, of great concern to all of our citizens.
Unfortunately, we have not done the best job as a state government in maintaining our justice system at the trial level. Allow me to elaborate. Since we first became a state in 1889, our trial courts have been funded almost entirely by local governments—our counties and cities. This means of funding our trial courts was not problematic in earlier times because our court system was relatively small and local governments did not have huge demands placed on their resources. But as the years have gone by the number of cases flowing into our courts rose dramatically as our population increased and a variety of new laws and regulations were enacted at the state and local level. At the same time local governments have assumed financial obligations that were unknown to their predecessors. As a consequence of all of this, our trial courts have been severely challenged as they have endeavored to keep up with increasing caseloads. In some jurisdictions, particularly in our metropolitan areas, we have seen delays in getting cases to trial due to crowded court calendars, difficulties in obtaining qualified interpreters for non-English speakers, criminal defense attorneys with caseloads that are too large, and large numbers of persons going without representation in civil cases, particularly in family court matters.
Faced with all of this, the state's Board for Judicial Administration addressed, what it concluded was the crisis facing our trial courts, in the "Justice in Jeopardy Initiative," first presented to you in 2005.
This initiative flowed out of the hard work of the Court Funding Task Force and its workgroups, a body that was formed in 2002. It was comprised of more than 100 persons from across the state and from all backgrounds, including members of the legislature: Representatives Ruth Kagi and Pat Lantz and Senators Adam Kline, Mike Hewitt and Jim Kastama.
You may recall that when we first spoke to you about the Justice in Jeopardy initiative, we relayed a startling statistic from the task force's report—that Washington State ranked last among the state's of the union, in terms of state government participation in the funding of trial courts, indigent defense and prosecution.
Today, despite the advent of additional state funding in the last two years, budget-strapped local governments still bear more than 80 percent of the costs of maintaining our trial courts. Although state government funds the rest, less than 1 percent of the state budget goes to maintain our justice system and the courts, which compose the key component of that system, courts that are provided for in our state constitution—a constitution that says that justice is to be administered "without unnecessary delay."
The report of the Court Funding Task Force and the other studies that have been done over the years have recommended that eventually, the State should pay 50 percent of the cost of trial court operations and indigent criminal defense, and assume a substantially greater role in funding civil legal aid services for Washington's low-income residents. We think that this partnership approach between state and local government makes more sense than a complete state takeover of the cost of our trial courts, the path that California and Oregon have followed. We say this because we believe that local jurisdictions should have a stake in how the courts operate in their jurisdictions.
We recognized, however, that obtaining an increase in state funding of the magnitude we envision is a major change, and, thus, we have opted for recommending to you an incremental approach. The more we reflect on the Task Force recommendations, the more we are convinced that we have developed the best approach in the nation, a shared responsibility between state and local government.
The judiciary has been immensely gratified by the support that the legislature has given since we first approached you with the Justice in Jeopardy initiative. In the sessions of 2005 and 2006 you recognized that state government had a responsibility to pay a higher proportion of the costs of the state's justice system. In those sessions, you appropriated significant funds, much of which was derived from higher user fees, and applied it to the support of our trial courts, public defense and civil legal aid.
More specifically, in 2005, in Senate Bill 5454, the Office of Civil Legal Aid bill, and House Bill 1542, you provided for state funding of a portion of district and municipal court judges' salaries, and for trial court improvement accounts, as well as for legal representation for indigent parents in termination and dependency cases; civil legal aid programs; and indigent criminal defense.
In 2006, you appropriated additional funds for a pilot jury project, expansion of the parents' representation program and provided additional funds for civil legal aid programs.
While much more remains to be done, I am pleased to highlight the positive changes that have been made as a consequence of what this legislature has done in the two previous sessions.
CIVIL EQUAL JUSTICE
Let me first talk about civil equal justice. In 2005, the new Office of Civil Legal Aid, OCLA for short, got underway and began to administer state-funded legal aid services to the poor, monitor the use of state funds, and report on the status of access to the civil justice system for low-income people.
OCLA, headed by Jim Bamberger, a long-time legal aid attorney, and watched over by the Civil Legal Aid Oversight Committee has worked with the Supreme Court's Access to Justice Board to establish delivery objectives and accountability systems to close the gap documented in the landmark 2003 Civil Legal Needs Study.
The civil legal needs of Washington's low income people run the gamut from employment and housing issues to problems such as those faced by Dawn Seljestad, a low income mother of two children from Shelton, who endured years of controlling and abusive behavior by her husband. With the assistance of a lawyer from the Northwest Justice Project Dawn was able to get a protective order, a decree of dissolution, and an order requiring her abuser to enter into treatment to deal with his conduct. I am pleased to say that Dawn Seljestad is with us—would you please join me in recognizing this courageous woman.
Despite recent gains, biennial funding for civil legal aid still falls $33 million short of the level necessary to fully address the needs chronicled in the landmark 2003 Civil Legal Needs Study. One gaping hole is the lack of any meaningful legal aid services in the rural areas of our state. We encourage the legislature to provide additional funding so that legal services offices can be re-established to serve low income citizens in Colville, Pullman, Port Angeles, Aberdeen, Omak, Moses Lake, Longview, and Pasco.
TRIAL COURT OPERATIONS
Regarding trial court operations, important steps forward were taken in 2005 and 2006 when this legislature recognized the state's duty to partner with local jurisdictions in funding our trial courts.
As a result of your actions, local governments across the state have obtained funds that have enabled them to pay a portion of the salaries of district court judges and elected municipal court judges. Thanks to you, Trial Court Improvement Accounts have also been established, which have enabled jurisdictions to improve and enhance a range of trial court operations.
Although the money was just beginning to flow into these accounts by mid-2006, let me give you a few examples of what is going on in jurisdictions across the state as a consequence of the creation of Trial Court Improvement Accounts:
• Benton County is upgrading the recording system in its district court courtrooms.
• Clallam County is adding a court security office position.
• The City of Everett is installing new video equipment that will connect its municipal court with the Snohomish County Jail so that arraignments can be conducted while the defendant remains in jail, thereby making it unnecessary to transport the defendant to the municipal court.
• Lewis County is partially funding an assistant court administrator for its district court.
• Yakima County is using the funds to operate a district court satellite facility in Grandview to better serve the southeast part of that county.
Your creation of trial court improvement accounts recognized that each jurisdiction has different needs. These accounts allow trial courts to tailor improvements to best serve the citizens of their judicial district. We anticipate that these accounts will have a very beneficial effect in coming years, and we will continue to update you on how the funds are being utilized.
Next year, we will also provide you with the results of the study you authorized on the effect of increasing the daily attendance fee for jurors in three jurisdictions: Des Moines Municipal Court, Franklin County Superior Court, and Clark County Superior Court. We believe that is the first time a project like this has been undertaken anywhere in the United States and we look forward to sharing the results of the study with you.
COURT INTERPRETERS
Let me now direct my comments to what we are proposing to you this year as a part of our continuing Justice in Jeopardy Initiative. In the area of trial court improvements we are asking for an additional $8 million dollars in the biennium to carry out the promise of a statute that was enacted by this legislature in 1989. I refer to RCW 2.43.010, which says that it is the policy of this state to secure the constitutional rights of persons who are unable to readily understand or communicate in English and cannot be fully protected in legal proceedings unless qualified interpreters are available to assist them.
When I was a superior court judge years ago, we rarely needed interpreters in court. But our society has changed and has become more diverse. Indeed, you passed the statute that I just referred to after you took note of an audit that showed that thousands of non-English speakers were routinely unable to understand what was being said in court. Unfortunately, although we have probably the best system in the nation for certifying court interpreters, many jurisdictions are not able to follow the letter or the spirit of the law because of a lack of funds. The result is that far too often uncertified court interpreters are being utilized because of low pay and/or an inability to obtain a certified interpreter. This, of course, can result in testimony and evidence not being accurately presented to the trier of fact, thereby increasing the possibility that a wrong decision may result.
Although this is not a cost that the State has heretofore underwritten, we fear that the problems I have just described will not be eliminated unless there is an investment of dollars from state government to assist our hard pressed local jurisdictions meet their statutory obligations.
PUBLIC DEFENSE
Let me next talk about public defense in criminal cases. A vital element of our Justice in Jeopardy Initiative relates to the necessity of meeting the constitutional mandate that in all criminal prosecutions the accused shall have the assistance of effective counsel for his or her defense. We can be proud that Washington recognized this right long before the U.S. Supreme Court ruled in 1963 in the famous case of Gideon v. Wainwright that states must provide such legal assistance. Indeed, Washington's then attorney general, John J. O'Connell, rejected a request from Florida's attorney general to present a friend of the court brief in support of Florida's position that Gideon, although indigent, was not entitled to a publicly funded defense. Instead, our attorney general presented an amicus curiae brief on behalf of Gideon.
Despite this history, it is fair to say that we have not fully heeded Gideon's trumpet. I say that because too often in our state, indigent defendants are represented in criminal cases by lawyers who lack the training and experience to be considered effective or who are overburdened with caseloads that are so large that they are unable to devote adequate time to the defense. This is not, of course, true in every case. We have many dedicated public defenders in this state who do a fine job, often for inadequate compensation. But the systems we have in the state for providing public defense vary greatly and, consequently, we have a "crazy quilt" of public defender systems with no two systems being exactly the same.
They all have some problems, though, and I believe this has been borne out by the investigative series that ran in the Seattle Times in 2004, the recent litigation in Grant County, and the report of the Blue Ribbon Task Force on Public Defense of the Washington State Bar Association.
While state law dictates that counties adopt standards for administering public defense systems, using Washington State Bar Association standards as guidelines, I am told by our state's director of the Office of Public Defense, Joanne Moore, that presently no county public defense system is compliant.
Fortunately, positive steps are being taken to reverse this trend. As I have already observed, in 2005 this legislature adopted HB 1542, which provides that state funding will be progressively distributed to counties for the purpose of improving public defense.
We believe that with additional state funding our state's defender systems can become compliant with WSBA standards. Last year, $3 million was distributed to counties pursuant to HB 1542 and I can report to you that 38 of the state's 39 counties are now participating in the application process, administered by the Office of Public Defense. We need, though, to make a substantial leap forward in 2007-2009 toward closing what the Spokesman Review called an "embarrassing funding gap" so that our systems of public defense can deliver on our constitutional duty to provide adequate representation to all indigent criminal defendants.
The Office of Public Defense has also made incredible strides since I last addressed you in expanding to 18 counties the program that provides representation of indigent parents in dependency and termination actions. Studies show that with better representation, parents are better able to access court services and work through their problems, thus increasing their ability to be reunited with their children. We are asking that you expand the Parents Representation Program to every county.
CASA
Let me say a word about CASA, Court Appointed Special Advocates. This is a terrific program that trains volunteers to be advocates in dependency cases for abused and neglected children. As a part of our Justice in Jeopardy Initiative we are requesting additional funding for CASA to accomplish essentially two things: first, to provide stability for CASA programs in rural areas and, second, to allow CASA to serve a minimum of 10,000 children statewide each year, up from the approximately 7,000 who are benefiting now. CASA is a huge bargain to the State because the public money only goes to provide supervision and training. The service to the children is provided by unpaid volunteers like Patricia Scott of Jefferson County who has contributed over 2,200 hours of service as a CASA volunteer. Ms. Scott, who was recently named CASA Volunteer of the Year, is here with a group of CASA volunteers, and I would like them to stand and be recognized for their service.
TECHNOLOGY IN THE COURTS
Allow me to take a brief moment to discuss positive developments in technology in the judicial branch. We have decided to pursue purchase of a case management system for statewide implementation to replace our 20-plus year old systems. This approach will greatly mitigate risks and accelerate the time to full implementation.
We will be seeking your authorization to expend funds from the dedicated JIS account toward this end and are developing a court rule change to increase revenues generated from traffic infraction penalties to pay for this project.
Although I am not a technical whiz, it is my vision that by the time my service on the Supreme Court comes to an end, the foundation will have been laid so that the work of all of the courts of this state will find support in a common case management system.
JUDICIAL ELECTIONS
Before I close, I would like to say something about the subject of judicial elections, a subject that was of considerable interest to me in 2006. I recognize that a number of proposals are now before the legislature that are aimed at reforming the process by which we elect judges. Some of these relate to the public financing of judicial campaigns and others endeavor to reign in the influence of independent expenditures by special interests. You may even be presented with proposals to amend the constitution to provide for an entirely different way to select judges. At this point, the judiciary as a whole has not taken a position in response to any of these specific proposals but I can assure you that we are intensely interested in the subject and we may take a position on all or some of these proposals, provided we can do so without compromising our ethical obligations. I do feel comfortable, though, in restating the long-standing position of the judiciary favoring a publicly financed voters' pamphlet in the primary election. As you know, many judicial elections are decided in the primary so we support the proposals for creation of a statewide primary voters' pamphlet that would be mailed to every household. The judiciary is also of the view that as long as we continue to elect judges in the manner set forth in our state constitution, we should elect all judges including municipal court judges. We believe that this is necessary to assure independence of the judicial branch.
Let me close by saying that we know that this legislature will be presented with a myriad of requests to increase funding for a variety of governmental functions—for common schools and universities, for public employee salaries, for projects to improve the physical environment, and for corrections, and so on. All of these proponents, I am sure, will have a legitimate case to make. I don't mean to tell you how to sort out all of these competing requests, other than to say that the provision of justice, on both the criminal and civil side, is a core function of government that should be adequately supported by all taxpayers, not just users of the system. The first building that was placed on this campus, courtesy of a long ago appropriation from the legislature, was called the Temple of Justice and the first building that every county built after this state came into being was a county courthouse. This reflects the fact that provision of justice has always been a priority for Washingtonians. In order for our state's judiciary to continue to provide the quality of justice that our citizens expect us to provide, we must make the recommendations I have outlined. We hope that you will give these reasonable requests favorable consideration. Thank you for listening to me so courteously and for inviting me to present this address."
The President thanked Chief Justice Alexander for his remarks.
The President asked the special committee to escort Chief Justice Alexander from the Rostrum.
The President asked the special committee to escort the Governor from the Rostrum.
The President asked the special committee to escort the statewide elected officials from the Chamber.
The President asked the special committee to escort the Supreme Court Justices from the Chamber.
MOTION
On motion of Representative Kessler, the Joint Session was dissolved.
The President thanked the Speaker (Representative Lovick presiding) and members of the House for their hospitality, and returned the gavel to him.
AFTERNOON SESSION
The Senate was called to order at 12:42 p.m. by President Owen.
MOTION
At 12:43 p.m., on motion of Senator Eide, the Senate
adjourned until 12:00 noon, Thursday, January 18, 2007.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate