SIXTY SECOND LEGISLATURE - REGULAR SESSION

 

 

THIRD DAY

 

 

House Chamber, Olympia, Wednesday, January 12, 2011

 


The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller presiding).  The Clerk called the roll and a quorum was present.

 

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

 

INTRODUCTIONS AND FIRST READING

 

HB 1095 by Representatives Taylor, Kretz and Short

 

AN ACT Relating to payments in lieu of taxes for lands managed by the department of fish and wildlife; amending RCW 77.12.201 and 77.12.203; and creating a new section.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1096 by Representative Appleton

 

AN ACT Relating to health care financing; amending RCW 41.05.130, 66.24.290, 82.24.020, 82.26.020, 82.08.150, and 41.05.220; reenacting and amending RCW 41.05.120 and 43.79.480; adding new sections to chapter 82.02 RCW; adding a new chapter to Title 43 RCW; creating new sections; repealing RCW 82.04.260 and 48.14.0201; providing effective dates; and providing an expiration date.

 

Referred to Committee on Health Care & Wellness.

 

HB 1097 by Representative Appleton

 

AN ACT Relating to the relief from the duty to register for sex offenses committed when the offender was a juvenile; and amending RCW 9A.44.140, 9A.44.141, and 9A.44.145.

 

Referred to Committee on Public Safety & Emergency Preparedness.

 

HB 1098 by Representative Hurst

 

AN ACT Relating to automated traffic safety cameras; amending RCW 46.63.170; and creating a new section.

 

Referred to Committee on Transportation.

 

HB 1099 by Representative Hurst

 

AN ACT Relating to automated traffic safety cameras; amending RCW 46.63.170; and creating a new section.

 

Referred to Committee on Transportation.

 

HB 1100 by Representative Moeller

 

AN ACT Relating to medical use of cannabis; amending RCW 69.51A.005, 69.51A.020, 69.51A.010, 69.51A.030, 69.51A.040, 69.51A.050, 69.51A.060, and 69.51A.900; adding new sections to chapter 69.51A RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 42.56 RCW; adding a new section to chapter 28B.20 RCW; creating a new section; repealing RCW 69.51A.080; prescribing penalties; providing an effective date; and providing an expiration date.

 

Referred to Committee on Health Care & Wellness.

 

HB 1101 by Representative Moeller

 

AN ACT Relating to providing patients with information on options for breast reconstruction; adding a new section to chapter 70.41 RCW; and adding a new section to chapter 70.230 RCW.

 

Referred to Committee on Health Care & Wellness.

 

HB 1102 by Representatives Blake, Chandler, Takko and Van De Wege

 

AN ACT Relating to landowner liability associated with forest roads subject to road maintenance and abandonment plans; and amending RCW 4.24.210.

 

Referred to Committee on Judiciary.

 

HB 1103 by Representatives Kristiansen, Morris and Armstrong

 

AN ACT Relating to the use of television viewers in motor vehicles; and amending RCW 46.37.480.

 

Referred to Committee on Transportation.

 

HB 1104 by Representatives Moeller and Walsh

 

AN ACT Relating to protection of vulnerable adults; amending RCW 74.34.020, 74.34.063, and 74.34.067; and repealing RCW 74.34.021.

 

Referred to Committee on Health Care & Wellness.

 

HB 1105 by Representatives Kagi and Walsh

 

AN ACT Relating to child fatality review in child welfare cases; amending RCW 74.13.640; and reenacting and amending RCW 68.50.105.

 

Referred to Committee on Early Learning & Human Services.

 

HB 1106 by Representatives Takko, Orcutt and Blake

 

AN ACT Relating to sale, lease, and disposal of lands within the Seashore Conservation Area; and amending RCW 79A.05.630.

 

Referred to Committee on Environment.

 

HB 1107 by Representatives Taylor and Shea

 

AN ACT Relating to preparing for the epidemiological consequences of diseases related to wolf populations; and adding a new section to chapter 70.54 RCW.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1108 by Representatives Taylor and Shea

 

AN ACT Relating to the state's management of wolves; amending RCW 77.36.030, 77.12.020, 77.15.120, 77.15.130, 77.15.170, and 77.32.010; and adding a new chapter to Title 77 RCW.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1109 by Representatives Taylor, Shea, Kretz, Short and Condotta

 

AN ACT Relating to legislative review of gray wolf conservation and management; and creating a new section.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1110 by Representatives Taylor, Shea, Kretz and Short

 

AN ACT Relating to coordinated state land management by agencies responsible for managing natural resources; adding a new section to chapter 77.12 RCW; adding a new section to chapter 79.02 RCW; adding a new section to chapter 79A.05 RCW; and creating a new section.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1111 by Representatives Taylor, Shea, Kretz and Short

 

AN ACT Relating to federal and state government coordination with local governments; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; and adding a new chapter to Title 36 RCW.

 

Referred to Committee on Local Government.

 

HB 1112 by Representatives Taylor, McCune and Shea

 

AN ACT Relating to the requirement to complete a hunter education course prior to purchasing a hunting license; and amending RCW 77.32.155.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1113 by Representatives Rolfes, Klippert, Warnick, Hurst, Finn, Miloscia, Kelley, Goodman and Liias

 

AN ACT Relating to prior offenses for the purposes of felony driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug; and amending RCW 46.61.502, 46.61.504, and 46.61.5055.

 

Referred to Committee on Judiciary.

 

HB 1114 by Representatives Rolfes and Appleton

 

AN ACT Relating to adoption decrees for children adopted in foreign countries; amending RCW 26.33.150 and 26.33.220; and adding a new section to chapter 26.33 RCW.

 

Referred to Committee on Judiciary.

 

HB 1115 by Representative Alexander

 

AN ACT Relating to salaries of state officials; amending RCW 43.03.310; and providing a contingent effective date.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1116 by Representative Alexander

 

AN ACT Relating to alcohol sales in state liquor stores and contract liquor stores; amending RCW 66.08.050; adding a new section to chapter 66.08 RCW; and creating new sections.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1117 by Representatives Taylor, Warnick, Chandler and Kretz

 

AN ACT Relating to the relinquishment of water rights; amending RCW 90.03.380, 90.03.615, 90.14.010, 90.38.040, 90.42.040, 90.42.080, 90.44.510, 90.44.520, 90.92.070, and 90.92.120; reenacting and amending RCW 43.21B.110 and 43.21B.110; adding a new section to chapter 90.14 RCW; creating a new section; repealing RCW 90.14.130, 90.14.140, 90.14.160, 90.14.170, 90.14.180, 90.14.190, and 90.14.200; providing an effective date; and providing expiration dates.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1118 by Representatives Morris and Warnick

 

AN ACT Relating to developing training for manufactured housing community managers; adding a new chapter to Title 59 RCW; prescribing penalties; providing an effective date; and providing a contingent effective date.

 

Referred to Committee on Community Development & Housing.

 

HB 1119 by Representatives Morris and Anderson

 

AN ACT Relating to privatizing the management of the state ferry system; adding new sections to chapter 47.60 RCW; and creating a new section.

 

Referred to Committee on Transportation.

 

HB 1120 by Representative Sells

 

AN ACT Relating to delaying the implementation of the family leave insurance program; amending RCW 49.86.030, 49.86.190, 49.86.210, and 49.86.150; and providing an expiration date.

 

Referred to Committee on Labor & Workforce Development.

 

HB 1121 by Representatives Pearson, Hurst and Kristiansen

 

AN ACT Relating to prohibiting public funds for being used to provide purchases by offenders who are incarcerated; and adding a new section to chapter 72.09 RCW.

 

Referred to Committee on Public Safety & Emergency Preparedness.

 

HB 1122 by Representatives Frockt and McCoy

 

AN ACT Relating to the authority of the department of information services to provide services to public agencies; and amending RCW 43.105.052.

 

Referred to Committee on Technology, Energy & Communications.

 

HB 1123 by Representatives Hudgins and Hurst

 

AN ACT Relating to the sentencing or imposition of conditions for certain prostitution and sex crimes; amending RCW 9A.88.130; and prescribing penalties.

 

Referred to Committee on Public Safety & Emergency Preparedness.

 

HB 1124 by Representatives Blake, Kretz, Chandler, Taylor, Armstrong and Hinkle

 

AN ACT Relating to allowing the use of dogs to hunt cougars; amending RCW 77.15.245; adding a new section to chapter 77.36 RCW; and creating new sections.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1125 by Representatives Haler, Crouse, Klippert and Taylor

 

AN ACT Relating to recognizing hydroelectric generation as a renewable energy resource; amending RCW 19.285.030; and creating a new section.

 

Referred to Committee on Environment.

 

HB 1126 by Representatives Ross, Hurst and Pearson

 

AN ACT Relating to criminal street gangs; amending RCW 13.40.127, 9A.46.120, 9A.48.105, 9.94A.533, 9.94A.702, and 70.41.440; reenacting and amending RCW 9.94A.515 and 9.94A.030; adding a new section to chapter 43.20A RCW; adding a new section to chapter 9A.46 RCW; adding a new section to chapter 9.94A RCW; adding a new chapter to Title 7 RCW; adding a new chapter to Title 10 RCW; creating a new section; and prescribing penalties.

 

Referred to Committee on Public Safety & Emergency Preparedness.

 

HB 1127 by Representatives Moeller and Sells

 

AN ACT Relating to certified exclusive bargaining representatives; and amending RCW 41.56.060 and 41.56.140.

 

Referred to Committee on Labor & Workforce Development.

 

HB 1128 by Representatives Roberts, Carlyle, Kagi, Walsh, Orwall and Goodman

 

AN ACT Relating to extended foster care services; amending RCW 13.04.011 and 74.13.020; reenacting and amending RCW 13.34.030, 74.13.031, and 13.34.145; adding a new section to chapter 13.34 RCW; and creating a new section.

 

Referred to Committee on Early Learning & Human Services.

 

HB 1129 by Representatives Klippert, Liias, Billig and Rolfes

 

AN ACT Relating to a bicycle and pedestrian traffic safety curriculum; adding a new section to chapter 46.83 RCW; and creating a new section.

 

Referred to Committee on Transportation.

 

HJR 4201        by Representative Alexander

 

Amending the Constitution to authorize immediate salary reductions for state officials when there is a general salary reduction for state employees.

 

Referred to Committee on State Government & Tribal Affairs.

 

HJR 4202        by Representatives Haler, Crouse, Klippert and Taylor

 

Amending the state Constitution to require that hydroelectric generation be recognized as a renewable resource.

 

Referred to Committee on Environment.

 

There being no objection, the bills and resolutions listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.

 

The Sergeant at Arms announced the Senate had arrived.  The Speaker (Representative Moeller 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 Margarita Prentice, Majority Caucus Chair Karen Fraser and Minority Whip Doug Ericksen to seats on the rostrum.  The Senators were invited to seats within the chamber.

 

JOINT SESSION

 

The Speaker (Representative Moeller 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 Moeller presiding) called upon President of the Senate Owen to preside.

 

The President appointed a special committee to escort the Supreme Court Justices to the chamber:  Representatives Rolfes and Hargrove and Senators Litzow and Rockefeller.

 

The President appointed a special committee to escort the statewide elected official to the chamber:  Representatives Ryu and Buys and Senators Hill and Pridemore.

 

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 Billig and Harris and Senators Baumgartner and Shin.

 

The President appointed a special committee to escort Chief Justice Barbara Madsen to the Chamber:  Representatives Miloscia and Zeiger and Senators Fain and Kline.

 

The Supreme Court Justices arrived, were escorted to the front of the chamber and were introduced:  Justice Charles W. Johnson, Justice Gerry L. Alexander, Justice Tom Chambers, Justice Susan Owens, Justice Mary E. Fairhurst, Justice James M. Johnson, Justice Debra L. Stephens and Justice Charles K. Wiggins.

 

The statewide elected official arrived, was escorted to the front of the Chamber and was introduced:  State Auditor Brian Sonntag.

 

Governor Christine Gregoire arrived and was escorted to the rostrum.

 

Supreme Court Chief Justice Barbara Madsen arrived, was escorted to the rostrum and was introduced.

 

The flags were escorted to the rostrum by the Columbia River Young Marines, Tri Cities.  The President led the chamber in the Pledge of Allegiance.  The prayer was offered by Father Bernard Coughlin, Chancellor,  Gonzaga University.

 

Father Bernard Coughlin:  “Thank you, and I ask you to join me in prayer.  Eternal God and Father, we ask that you assist with your guidance and love, Barbara A. Madsen, Chief Justice of the Supreme Court of the State of Washington.  That your divine wisdom assist and guide her and her colleagues on this court in all their judicial decisions.  We pray too for all judges throughout our state that you assist and guide them in discharging their duties with wisdom and honesty.  We likewise commend to your unbounded mercy all citizens of our United States that we may be blessed in the knowledge and sanctified in the observance of your holy law.  May we be preserved in that peace with which the world cannot give and after enjoying the blessings of this life, may we be admitted to those with which are eternal.  We pray to you almighty Lord, God and Father forever and ever, Amen.”

 

STATE OF THE JUDICIARY

 

Chief Justice Barbara Madsen:  “Members of the Washington State Legislature, Governor Gregoire, Elected Officials and Citizens of the state of Washington.  In keeping with tradition and with a desire to continue open communications among our branches of government and with the public, I am delivering this interim report on the state of our judicial system on behalf of the more than 400 judges who serve the public in our appellate and trial courts.

 

The mission of Washington courts is to protect rights and liberties guaranteed by the constitution and laws of the United States and the state of Washington, impartially uphold and interpret the law, and provide open, just, and timely resolution of all matters before the courts.  On behalf of the judicial branch, I can report that Washington’s judiciary remains strong, though we continue to face increased demands and budget challenges in our trial and appellate courts.

 

As you know, our state’s judicial system is present in every county in our state as well as in most of our cities and towns. The judicial branch is represented by 9 justices of the Supreme Court, 22 judges of our Courts of Appeal, 188 judges of our superior courts, and 208 full and part-time judges of our district and municipal courts.  These justices and judges manage caseloads that collectively total more than two million filings each year, more than one filing for every three citizens of our state.

 

Being a judge is a tremendous honor, but it is also a great responsibility.  Each day, judicial officers and court staff across our state interact with and impact the lives of thousands of individuals. From Walla Walla to Aberdeen and from Bellingham to Vancouver, the need for justice can be found.  For a woman and her children, seeking protection from an abusive partner.  For a senior citizen victimized by a home foreclosure scam.  For parents, hoping to adopt a child from the foster care system.  For a small business, in a civil dispute between former owners trying to end the partnership and keep the business afloat.  For a teen, critically injured in an automobile accident and unable to work for the rest of his life.

 

These personal stories, that judges hear every day, remind us that our legal system is about ensuring that basic rights and protections are available to every citizen of our state.  In these difficult economic times state courts throughout the nation are struggling with increases in caseloads due to the faltering economy, doing more with less while struggling to keep the courthouse doors open, as required by our federal and state constitutions. Here in Washington it is the same.  My colleagues at the trial court levels have shown extraordinary leadership in the face of our state’s fiscal crisis, working diligently with local counties and cities and the state on ways to save programs that affect the lives of so many of our state’s citizens.  However, the financial crisis is taking a serious toll. Funded primarily at the local level, our superior courts have taken the brunt of cuts to date, with more than $10 million in combined cuts in 2009. Projected cuts for 2010 are more than $7 million, adding up to more than $17 million in reductions in the past two years alone. This has resulted in elimination of drug courts and juvenile court services and delays of civil trials.  At our district and municipal court levels, budget cuts are impeding core functions, forcing court closures, and eliminating telephonic assistance to the public. Other jurisdictions have resorted to shortening the hours that the public has to resolve basic legal issues such as paying a traffic infraction or petitioning for a domestic violence protection order.

 

In several recent reports to the Legislature, we have highlighted findings of a Trial Court Funding Task Force and our Justice in Jeopardy legislative proposals aimed at improving the operations of our trial courts.  A core finding of this task force was that there must be a rebalancing of funding of trial courts so that the state government contributes in a more equitable way, along with local government, to the operations of the superior, district, and municipal courts.  The judicial branch, backed by the Legislature’s support beginning in 2004, has embarked on a rigorous and far-reaching effort to address the State’s legal obligation to ensure fair and timely administration of court proceedings and provide equal justice for all.  Just as you have partnered with us in the past on this effort, we have committed to partnering with you during this fiscal crisis. While we represent a very small fraction of the state budget, less than 1 percent, the judiciary at the state level, as with all levels of government, sustained major reductions in funding last year.  These cuts totaled more than $16 million between our state’s Administrative Office of the Courts (AOC), Supreme Court, Court of Appeals, State Law Library, Office of Public Defense, and Office of Civil Legal Aid. While every effort was made to reduce areas with the least impact on direct services, these levels of cuts—particularly to AOC, which included a 19.3 percent reduction to its operating budget—has resulted in direct loss of services to the appellate and trial courts, as well as to all citizens throughout our state.  One program in particular that is in danger of being eliminated this year is the Office of Public Guardianship, which was established by the Legislature in 2007 to assist the estimated 4,500 state residents who are incapacitated and need the help of a guardian to live independently.  Each of these 4,500 Washingtonians has a unique story. Without the assistance of a public guardian, some go without needed medical treatment or lose housing that might have been preserved and end up in institutional settings. Some cycle from the street to a mental hospital or jail, and, finally, some are exploited financially or abused. We hope to work with you in the current session to assure that gains we have made in this area are preserved.

 

As Chief Justice, I also chair the policy-setting body for the judiciary, our state’s Board for Judicial Administration (BJA), which represents every level of court.  In the coming year, we will be proceeding with the following issues aimed at improving the administration of justice  Election of Municipal Court Judges.  In Washington State, we have a long history of nonpartisan election of judges and we need to be sure that we have a system that fosters judicial independence at all levels of court. Currently, municipal courts are the only level of court that allow for exclusive appointment and reappointment by the executive or legislative branch of a city. Election of independent judges is a vital part of upholding the public’s confidence in the judiciary, and we want to introduce this level of accountability to the voters at the municipal court level formally via legislation this year. I had the pleasure of helping to swear in our newly elected municipal court judges at the Supreme Court last month, and as a former Seattle Municipal Court judge, this is an item of great interest to me.

 

Long-term Planning.  We have started the process of long-term planning for the judiciary with our ultimate goal of providing equal access to a fair and effective system of justice for all without excess cost, inconvenience, or delay and with sensitivity to an increasingly diverse society. From increasing public confidence in the judiciary to performance audits to improve the functioning of local courts, this effort is fundamental to providing justice for the citizens of our state.

 

On another topic, BJA has recently initiated a Public Records Act Work Group, including members of the judiciary, the Washington Coalition for Open Government, and the Washington State Bar Association to issue recommendations on how to best respond to requests for judicial records, which are currently governed by multiple authorities: court rules, the Public Records Act (as a nonbinding guideline), other statutes, and the common law.  We will keep you apprised of the recommendations of this work group and any proposed court rules or proposed legislation that may result.

 

Another vital part of the Justice in Jeopardy initiative is our state's constitutional obligation to provide public defense.  More than 230,000 criminal charges and other legal actions are filed against low-income Washington residents each year. Until 2005, counties and cities funded trial level criminal public defense services entirely on their own.  Five years ago, the Legislature amended chapter 10.101 RCW to establish the state's public defense improvement program, first funded in 2006.  Washington’s new involvement in criminal public defense came in response to compelling indicators that public defense has long been inadequate in most of the state. Since that time, almost all of Washington counties and a number of cities have implemented public defense improvements, targeting priority provisions of the Washington State Bar Association’s Standards for Indigent Defense Services. In general, the participating local jurisdictions have used the chapter 10.101 RCW funds forwarded to them by the State effectively and efficiently to improve local public defense representation.  However, there is still much work to be done. The Office of Public Defense’s most recent report on the criminal public defense system in Washington shows troubling deficiencies remain in the constitutional and statutory guaranties of counsel. In particular, excessively high caseloads, low compensation for contract attorneys, and inadequate oversight in the administration and delivery of trial level criminal public defense services require ongoing and focused attention.  In other program areas OPD has amassed an impressive track record over the years, starting with improving the quality of public defense in the appellate courts. Ninety-one percent of appellate court judges now rate the quality of OPD’s appellate attorneys as “very effective,” according to a legislative audit of the agency in 2008. OPD’s program to provide quality counsel to indigent parents who have a right to an attorney in child dependency cases also is showing dramatic results. There has been a 39 percent increase in the rate of successful family reunifications in counties with the OPD Parents Representation Program, and cases also are being resolved more quickly which provides significant savings in state costs for foster care.  I am tremendously proud of the work of the Washington State Office of Public Defense, which is working to improve our ability to deliver on our constitutional duty to provide adequate representation to all indigent criminal defendants and indigent parents involved in dependency and termination proceedings.

 

The third leg of the JIJ initiative is civil legal aid. Since 2005, state appropriations for civil legal aid have been administered by the Office of Civil Legal Aid (OCLA). These funds have been appropriated consistent with the Legislature’s acknowledgement that “the provision of civil legal aid services to indigent persons is an important component of the state's responsibility to provide for the proper and effective administration of civil and criminal justice.”  When there is nowhere else to turn, civil legal aid steps in. All over Washington State, civil legal aid attorneys and volunteers work together to provide much-needed legal aid help to those who cannot afford it on matters that affect the most basic needs, family safety and security, housing, and access to essential services and support.  The loss of a job very often translates into a parade of civil legal problems from access to unemployment benefits and continuing health care coverage, to protection from foreclosure and eviction, to protection from the demands of creditors and access to essential food and economic support services. Coupled with these are the increased stresses on families, which all too often result in family conflict and domestic violence.  Our state’s civil legal aid system is struggling to meet the urgent civil needs of the newly poor and vulnerable. In King County, requests for legal assistance over the past year have risen as follows: unemployment benefits (498 percent), mortgage foreclosures (291 percent), medical assistance (290 percent), public assistance (148 percent), bankruptcy (145 percent), and domestic violence (97 percent). The OCLA reports similar increases in demand across the state.

 

In 2008, the state-funded Northwest Justice Project provided direct legal assistance and representation to 12,958 individual households with funding made available through the Office of Civil Legal Aid. These cases affected more than 28,000 individuals, of which more than 13,000 were children under the age of 18.  Cases involving family conflict comprised more than half (58 percent) of all cases. These cases focus on ensuring protection from domestic violence and threats to the life, safety, and security of families with children. The second most common area of legal assistance (28 percent of all cases) involved preservation of housing, including private and subsidized tenancies, foreclosure, and foreclosure rescue scams.  Our laws guarantee basic rights and protections to all of us, not just those who can afford a lawyer. But there is a dramatic civil justice gap between the legal needs of the economically disadvantaged and the legal help they receive.  At this critical time, we must work together to maintain the current level of civil legal aid funding.

 

The one budget request that we are pursuing relates to the critical primary information system for courts in Washington State—the Judicial Information System (JIS).  JIS’s capabilities and benefits are far-reaching—protecting victims of domestic violence by ensuring judges, police, prosecutors, and community corrections officers gain timely access to related court orders, while providing information regarding outstanding warrants, prior and pending criminal cases, and convictions.

Most importantly, judges can access these records while making crucial decisions affecting the parties in real time.  This invaluable tool automates and supports the daily operations of the courts, improving efficiency while reducing costs. JIS also serves as a statewide clearinghouse for criminal history information and outstanding warrants. Essentially, this system provides the court with a comprehensive view of the legal history of a litigant who appears before the court.  The $3.9 million that we are requesting this year will assist in our long-term goal of improving the information system, which currently serves 16,000 court customers and 8,000 other users. This funding would be a fraction of the $600 million collected annually by JIS for the state and will allow the courts to continue providing streamlined services and accurate and up-to-date information.  We have already begun to see benefits in our quest for modernization:  Efficient data exchanges among criminal justice agencies is reducing redundant data entry, which will save money and increase public safety by removing the opportunity for input errors.  Specifically, use of electronic ticketing, made possible by creative partnerships at the state and local levels, is resulting in significant efficiencies for courts and law enforcement. While still a work in progress, as more law enforcement agencies and courts sign on to this new technology the impact will broaden over the coming years.  Ultimately, JIS provides essential information to the Washington State Patrol, Department of Corrections, Office of the Secretary of State, Sentencing Guidelines Commission, Department of Licensing, local law enforcement agencies, and prosecutors. Public defenders, the media, and law firms also use the system. It will be a critical component to implementing tolling on the SR 520 bridge as passed by the Washington State Legislature last year.

 

This past year has been challenging and as the year came to a close, it was also a year of terrible loss.  In the wake of the tragic deaths of our dedicated law enforcement officers, I pledge our support in joining you in your review of the criminal justice system to determine how the system can be improved to avoid similar tragedies in the future.  In light of the Lakewood police officer shootings, our state’s Superior Court Judges’ Association has joined with representatives of the Washington Association of Sheriffs and Police Chiefs, the Washington Association of Prosecuting Attorneys, and others, at the request of the Governor, to determine what changes, if any, can be made to prevent such tragedy.  Finally, on behalf of the dedicated judges of Washington State, I reinforce our commitment to the rule of law in our democracy. In large part, the cornerstone of this commitment rests upon adequate and stable funding for the trial courts, and we pledge to stay the course in achieving this long-term goal.  I would also like to express how pleased I am to serve alongside you as a leader in our separate, yet equal, branches of government. I am honored to serve as the state’s 55th Chief Justice, and I am also grateful to my predecessor, Gerry Alexander, for his leadership on the many issues that I have outlined here today.  If you should have any questions regarding the initiatives outlined in this letter, I invite you to contact me directly, or our State Court Administrator. I wish you all the best in the year ahead.

 

The President thanked Chief Justice Madsen for her remarks.

 

The President asked the special committee to escort Chief Justice Madsen 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 official from the chamber.

 

The President asked the special committee to escort the Supreme Court Justices from the Chamber.

 

MOTION

 

On motion of Representative Sullivan, the joint session was dissolved.

 

The President thanked the Speaker (Representative Moeller presiding) and members of the House for their hospitality, and returned the gavel to him.

 

The Speaker (Representative Moeller presiding) asked 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 Margarita Prentice, Majority Caucus Chair Karen Fraser and Minority Whip Doug Ericksen from the Chamber.

 

There being no objection, the House advanced to the eleventh order of business.

 

MOTION

 

On motion of Representative Sullivan, the House adjourned until 9:55 a.m., January 13, 2011, the 4th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk

 

 

 

 

 

 

 

 

 

 

 




1095

Introduction & 1st Reading............................................................................................................................................................................ 1

1096

Introduction & 1st Reading............................................................................................................................................................................ 1

1097

Introduction & 1st Reading............................................................................................................................................................................ 1

1098

Introduction & 1st Reading............................................................................................................................................................................ 1

1099

Introduction & 1st Reading............................................................................................................................................................................ 1

1100

Introduction & 1st Reading............................................................................................................................................................................ 1

1101

Introduction & 1st Reading............................................................................................................................................................................ 1

1102

Introduction & 1st Reading............................................................................................................................................................................ 1

1103

Introduction & 1st Reading............................................................................................................................................................................ 1

1104

Introduction & 1st Reading............................................................................................................................................................................ 1

1105

Introduction & 1st Reading............................................................................................................................................................................ 2

1106

Introduction & 1st Reading............................................................................................................................................................................ 2

1107

Introduction & 1st Reading............................................................................................................................................................................ 2

1108

Introduction & 1st Reading............................................................................................................................................................................ 2

1109

Introduction & 1st Reading............................................................................................................................................................................ 2

1110

Introduction & 1st Reading............................................................................................................................................................................ 2

1111

Introduction & 1st Reading............................................................................................................................................................................ 2

1112

Introduction & 1st Reading............................................................................................................................................................................ 2

1113

Introduction & 1st Reading............................................................................................................................................................................ 2

1114

Introduction & 1st Reading............................................................................................................................................................................ 2

1115

Introduction & 1st Reading............................................................................................................................................................................ 2

1116

Introduction & 1st Reading............................................................................................................................................................................ 2

1117

Introduction & 1st Reading............................................................................................................................................................................ 2

1118

Introduction & 1st Reading............................................................................................................................................................................ 3

1119

Introduction & 1st Reading............................................................................................................................................................................ 3

1120

Introduction & 1st Reading............................................................................................................................................................................ 3

1121

Introduction & 1st Reading............................................................................................................................................................................ 3

1122

Introduction & 1st Reading............................................................................................................................................................................ 3

1123

Introduction & 1st Reading............................................................................................................................................................................ 3

1124

Introduction & 1st Reading............................................................................................................................................................................ 3

1125

Introduction & 1st Reading............................................................................................................................................................................ 3

1126

Introduction & 1st Reading............................................................................................................................................................................ 3

1127

Introduction & 1st Reading............................................................................................................................................................................ 3

1128

Introduction & 1st Reading............................................................................................................................................................................ 3

1129

Introduction & 1st Reading............................................................................................................................................................................ 3

4201

Introduction & 1st Reading............................................................................................................................................................................ 4

4202

Introduction & 1st Reading............................................................................................................................................................................ 4

WASHINGTON STATE LEGISLATURE

Joint Session

State of the Judiciary................................................................................................................................................................................ 4