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JOURNAL OF THE SENATE
STATE OF WASHINGTON
1995 REGULAR SESSION
FIFTY-FOURTH LEGISLATURE
FIRST DAY
- - - - - - -
NOON SESSION
- - - - - - -
Senate Chamber, Olympia, Monday, January 9, 1995
Pursuant to law, the Senate of the 1995 Regular Session of the Fifty-fourth Legislature of the state of Washington was called to order at 12:00 noon by Lieutenant Governor Joel Pritchard, President of the Senate.
The Washington State Patrol Honor Guard, consisting of Troopers Robert Veliz, Dena Martin, Kandi Patrick, Reggie Chapman and Brian Ursino, presented the Colors. Father Daniel Weber of Bellermine Preparatory School of Tacoma, and a guest of Senator Marcus Gaspard, offered the prayer.
The President lead the Senate in the Pledge of Allegiance.
PRESIDENT WELCOMES SENATORS TO FIFTY-FOURTH LEGISLATURE
President Pritchard: "The President is delighted to welcome all of you Senators--those that are new and those that have been here before. A hundred years ago, we had a similar group sitting down, starting off; it was a tough time. There was a depression in the state. There were many, many battles in the Senate. For one, they had failed to elect a United States Senator. Even though, we had a United States slot, they couldn't come to an agreement on who it would be. The court had told them that they had to vote each day. They went twenty-nine days before they could agree on the Senator. Actually, it was twenty-nine days of fights within the Republican Caucus, because they had fifty-seven votes, a large majority, and they only needed forty-one to make it.
"In those days, politics were rough, tough and brutal. They fought over that; they had a lot of other difficult problems. The only bill that is remembered is the 'Barefoot Schoolboy Law,' which was offered by a freshman, a Populist, John Rogers, and that bill gave universal education to every child in the state of Washington. We have a lot of issues before this Senate and I know you people will do well. You will make your districts and your state proud of you, and I look forward to working with you in the coming days. I would only say this one rule, 'We win votes in our district; we lose votes while we are in Olympia,' so I would urge you not to stay too long."
INTRODUCTION OF LAKEFAIR QUEEN
The President welcomed and introduced Stephanie Henderson, the 1994-1995 Lakefair Queen, who was seated on the rostrum.
With permission of the Senate, business was suspended for Queen Stephanie to welcome the Senators to Olympia.
LETTER OF RESIGNATION
WASHINGTON STATE SENATE
Senator Ray Moore
36th Legislative District
August 1, 1994
The Honorable Mike Lowry
Governor, State of Washington
Legislative Building
Olympia, WA 98504
Dear Governor Lowry:
Now that the filling period for the primary election is past and any appointments to vacancies can be made in an orderly manner without regard to political advantage, I hereby submit my resignation from the office of State Senator for the 36th District effective July 31, 1994.
It would be my sincere hope that the appointment to fill my vacancy and any other possible vacancies would occur following the primary election in September so as not to unduly affect that important election.
It has been an honor to serve the people of the 36th District for almost sixteen years.
Sincerely,
RAY MOORE, State Senator
LETTER OF APPOINTMENT
OFFICE OF THE GOVERNOR
P. O. Box 40002, Olympia, Washington 98504-0002
October 14, 1994
Marty Brown
Secretary of the Senate
Washington State Senate
P. O. Box 40482
Olympia, Washington 98504
Dear Marty:
I am hereby notifying you that I have appointed Jeanne Kohl of Seattle, Washington, as a member of the Washington State Senate, District 36, effective October 14, 1994. This position was vacated by Senator Ray Moore. I have made this appointment in accordance with Article 2, Section 15 of the Constitution of the State of Washington.
Sincerely,
MIKE LOWRY, Governor
OATH OF OFFICE FOR UNEXPIRED TERM
OATH OF SENATOR FOR THE STATE OF WASHINGTON
36th LEGISLATIVE DISTRICT
I do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.
SENATOR JEANNE KOHL
Subscribed and sworn to before me this 19th day of October, 1994
SHARON S. ARMSTRONG,
Superior Court Judge, KING COUNTY
LETTER OF RESIGNATION
WASHINGTON STATE SENATE
Senator Gary A. Nelson
21st Legislative District
November 22, 1994
The Honorable Mike Lowry
Governor of the State of Washington
Legislative Building
Olympia, Washington 98504
Dear Governor Lowry:
I hereby submit my resignation as the State Senator of the 21st Legislative District effective on November 23, 1994, upon my receiving the oath of office as a Snohomish County Councilman.
It has been an honor to serve the citizens in the 21st Legislative District for the past 22 years and a pleasure to work with you and the many capable people in the Legislature and throughout state government.
I look forward to our future working relationship as I undertake a position as a county elected official.
Thank you for your friendship and for your efforts on behalf of the citizens of our state.
Sincerely,
GARY A. NELSON, State Senator
LETTER OF APPOINTMENT
SNOHOMISH COUNTY COUNCIL OFFICE
3000 Rockfeller Avenue
Everett, Washington 98201-4046
November 23, 1994
Honorable Marty Brown
Secretary of the Senate
306 Legislative Building
Olympia, Washington 98504-0482
Honorable Alan Thompson, Chief Clerk
House of Representatives
Third Floor Legislative Building
Olympia, WA 98504-0710
Gentlemen:
I am pleased to inform you that the County Council took formal action this afternoon to appoint Jeannette Wood to fill the unexpired term of Senator Gary Nelson for the 21st Legislative District. This action was based on Senator Nelson's resignation letter to Governor Lowry and the Republican Central Committee's action to refer three names to the Council.
I also am pleased to inform you the Council took formal action this afternoon to appoint Jerry Blanton to fill the unexpired term of Representative Jeannette Wood for the 21st Legislative District. This action was based on her letter of resignation and the Republican Central Committee's action to refer three names to the Council.
Sincerely,
Karen Miller, Chair
OATH OF OFFICE FOR UNEXPIRED TERM
OATH OF SENATOR FOR THE STATE OF WASHINGTON
21st LEGISLATIVE DISTRICT
STATE OF WASHINGTON) SS
COUNTY OF SNOHOMISH)
I do solemnly swear that I will support the Constitution and Laws of the United States and the Constitution and Laws of the state of Washington, and that I will faithfully and impartially perform and discharge the duties of the office of SENATOR, 21st LEGISLATIVE DISTRICT, according to law to the best of my ability.
SENATOR JEANNETTE WOOD
Subscribed and sworn to before me this 23rd day of November, 1994
PAUL D. HANSEN,
Superior Court Judge, SNOHOMISH COUNTY
EDITOR'S NOTE: Pursuant to RCW 29.01.180, Senator Patricia S. Hale took the Oath of Office for the remainder of the short term, after the certification of election returns in 1994. See the administration of the Oath of Office for these same Senators for their full term of office which took place on this first day of the 1995 Session.
OATH OF OFFICE FOR UNEXPIRED TERM
OATH OF SENATOR FOR THE STATE OF WASHINGTON
8th LEGISLATIVE DISTRICT
SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR BENTON AND FRANKLIN COUNTIES
P. O. Box 3051, Tri-Cities, WA 99302-3051
I do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.
SENATOR PATRICIA S. HALE
Subscribed and sworn to before me this 23rd day of November, 1994
CRAIG J. MATHESON,
Superior Court Judge, BENTON FRANKLIN COUNTIES
LETTER OF RESIGNATION
WASHINGTON STATE SENATE
Senator Al Williams
Vice-President Pro Tempore
32th Legislative District
December 5, 1994
Governor Mike Lowry
State of Washington
Legislative Building
Olympia, WA 98504
Dear Governor Lowry:
Please accept my resignation from my position as 32nd District State Senator effective December 31, 1994.
I have very much enjoyed working with you and serving the 32nd Legislative District.
Sincerely,
AL WILLIAMS
State Senator, 32nd Legislative District
LETTER OF RESIGNATION
WASHINGTON STATE SENATE
Senator Neil Amondson
20th Legislative District
December 19, 1994
Honorable Mike Lowry
Legislative Building
Olympia, Washington 98504
Dear Governor Lowry:
In accordance with the provisions of RCW 42.12.020, I hereby inform you of my resignation of the office of State Senator from the 20th Legislative District, effective January 3, 1995.
Respectfully,
NEIL AMONDSON, State Senator
LETTER OF RESIGNATION
December 24, 1994
The Honorable Mike Lowry
Governor of the State of Washington
Legislative Building
Olympia, Washington 98504
Dear Governor Lowry:
I hereby submit my resignation as the State Senator for the 18th Legislative District, effective January 2, 1995. It has been an honor to serve the citizens of the 18th Legislative District. I look forward to continuing to do so in my new position as United States Representative.
Respectfully,
LINDA A. SMITH, State Senator
RESOLUTIONS OF APPOINTMENT
APPOINTING A MEMBER TO REPRESENT THE 20th LEGISLATIVE DISTRICT IN THE WASHINGTON STATE SENATE
RESOLUTION NO. 95-9
WHEREAS, a vacancy has been created in the 20th Legislative District of the Washington State Senate; and
WHEREAS, the 20th Legislative District is a joint Legislative District located partly in Pierce, Thurston and Lewis Counties, and the Washington State Constitution, Article II, Section 15, provides in such cases that the vacancy be filled by joint action of the Boards; and
WHEREAS, the Washington State Republican Central Committee has submitted three nominees for the Senate vacancy; and
WHEREAS, the combined Boards have met in a joint session this date and have interviewed the nominees; NOW, THEREFORE,
IT HAVING BEEN RESOLVED by the Joint Board of County Commissioners and the Board of Lewis County Commissioners concurring:
SECTION 1. Dan Swecker is one of the three nominees submitted by the Washington State Republican Central Committee, and is qualified to fill the Senate vacancy.
SECTION 2. Dan Swecker is hereby appointed to the Washington State Senate, 20th Legislative District.
Done in open Special Session at Thurston County, this 5th day of January, 1995.
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
ATTEST: Carl L. Hemenway, Chairman
Gary E. Zandell Richard A. Graham, Member
County Auditor and ex-officio Clerk of the Board Glenn C. Aldrich, Member
RESOLUTION NO. 10816
A RESOLUTION APPOINTING A MEMBER TO REPRESENT THE 20th LEGISLATIVE
DISTRICT IN THE WASHINGTON STATE SENATE
WHEREAS, a vacancy has been created in the 20th Legislative District in the Washington State Senate; and
WHEREAS, the 20th Legislative District is a joint Legislative District located partly in Pierce, Thurston and Lewis Counties, and the Washington State Constitution, Article II, Section 15, provides in such cases that the vacancy be filled by joint action of the legislative bodies of the three counties; and
WHEREAS, the Washington State Republican Central Committee has submitted three nominees for the Senate vacancy; and
WHEREAS, the combined legislative bodies have met in a joint session and have interviewed the nominees;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THURSTON COUNTY as follows:
SECTION 1. Dan Swecker is one of the three nominees submitted by the Washington State Republican Central Committee, and is highly qualified to fill the Senate vacancy.
SECTION 2. Dan Swecker is hereby appointed to the Washington State Senate, 20th Legislative District.
ADOPTED: January 5, 1995
BOARD OF COUNTY COMMISSIONERS
THURSTON COUNTY, WASHINGTON
ATTEST: Judy Wilson, Chairman
LaBonita I. Bowmar Diane Oberquell, Member
Clerk of the Board Richard Q. Nichols, Member
APPROVED AS TO FORM:
Bernardean Broadous,
Prosecuting Attorney
BY: Jeffrey L. Watson,
Chief Deputy Prosecuting Attorney
RESOLUTION NO. R94-169
A RESOLUTION OF THE PIERCE COUNTY COUNCIL APPOINTING A MEMBER TO REPRESENT
LEGISLATIVE DISTRICT NO. 20 IN THE WASHINGTON STATE SENATE
WHEREAS, a vacancy has been created in the 20th Legislative District of the Washington State Senate; and
WHEREAS, Legislative District No. 20 is a joint Legislative District located partly in Lewis, Pierce, and Thurston Counties, and the Washington State Constitution, Article II, Section 15, provides in such cases that the vacancy be filled by joint action of the Boards; and
WHEREAS, the Washington State Republican Central Committee has submitted the names of three nominees for the Senate vacancy; and
WHEREAS, the combined Boards have met in a joint session and have interviewed the nominees; NOW, THEREFORE,
BE IT RESOLVED by the Council of Pierce County:
SECTION 1. Dan Swecker is one of the three nominees submitted by the Washington State Republican Central Committee, and is qualified to fill the Senate vacancy.
SECTION 2. Dan Swecker is hereby appointed to the Washington State Senate, Legislative District No. 20.
Passed this 5th day of January, 1995.
PIERCE COUNTY COUNCIL
PIERCE COUNTY, WASHINGTON
ATTEST: Dennis Flannigan, Council Chair
Gerri Rainwater
Clerk of the Council
APPROVED AS TO FORM ONLY:
Ed McGuire,
Pierce County Council Attorney
OATH OF OFFICE FOR UNEXPIRED TERM
OATH OF SENATOR FOR THE STATE OF WASHINGTON
20th LEGISLATIVE DISTRICT
I do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.
SENATOR DANIEL P. SWECKER
Subscribed and sworn to before me this 5th day of January, 1995
PAULA CASEY,
Superior Court Judge, THURSTON COUNTY
LETTER OF APPOINTMENT
January 6, 1995
The Honorable Mike Lowry
Governor of the State of Washington
Legislative Building
Olympia, WA 98504
Dear Governor Lowry:
The Boards of County Commissioners of Clark, Lewis, and Cowlitz Counties did meet jointly at 10:30 a.m., January 6, 1995, at the Cowlitz County Administration Building, Commissioners' Hearing Room, 207 Fourth Avenue North, Kelso, Washington, to select a successor for the Senate seat vacated by the resignation of Senator Linda Smith (R), in the 18th Legislative District.
Pursuant to Article II, Section 15 of the Washington State Constitution as amended by Amendment 52, the Boards of Commissioners of Clark, Lewis, and Cowlitz Counties do hereby appoint Hal Palmer to fill the 18th Legislative District Senate vacancy created by the resignation of Linda Smith.
Sincerely,
BOARD OF COMMISSIONERS BOARD OF COMMISSIONERS
COWLITZ COUNTY, WASHINGTON CLARK COUNTY, WASHINGTON
Jon A. Taylor John Magnano
Van A. Youngquist Dave Sturdevant
Joan L. LeMieux
BOARD OF COMMISSIONERS
LEWIS COUNTY, WASHINGTON
Carl Hemenway
Richard Graham
Glenn Aldrich
OATH OF OFFICE FOR UNEXPIRED TERM
OATH OF SENATOR FOR THE STATE OF WASHINGTON
18th LEGISLATIVE DISTRICT
I do solemnly swear that I will uphold the Constitution and Laws of the United States of America, the Constitution and Laws of the state of Washington, and the rules of the Washington State Senate, and that I will faithfully perform the duties of State Senator to the best of my ability, so help me God.
SENATOR HAROLD L. (HAL) PALMER, JR.
Subscribed and sworn to before me this 6th day of January, 1995
RANDOLPH FURMAN,
Superior Court Judge, COWLITZ COUNTY
MESSAGE FROM THE SECRETARY OF STATE
The Honorable President of the Senate
The Legislature of the State of Washington
Olympia, Washington
Mr. President:
I, Ralph Munro, Secretary of State of the state of Washington, do hereby certify that the following is a full, true and correct list of persons elected to the office of State Senator at the State General Election held in the state of Washington on the eighth day of November, 1994, as shown by the official returns of said election now on file in the office of the Secretary of State, together with a list of "holdover" Senators:
SENATORS ELECTED NOVEMBER 8, 1994
DISTRICT NAME COUNTIES REPRESENTED
No. 6 West (R) Spokane (part)
No. 7 Morton (R) Ferry, Lincoln, Okanogan (part), Pend Oreille, Spokane (part), Stevens
No. 8 Hale (R) Benton (part)
No. 13 Hochstatter (R) Benton (part), Grant (part), Kittitas, Yakima (part)
No. 15 Newhouse (R) Benton (part), Klickitat, Skamamia (part), Yakima (part)
No. 21 Wood (R) Snohomish (part)
No. 26 Oke (R) Kitsap (part), Pierce (part)
No. 29 Franklin (D) Pierce (part)
No. 30 Schow (R) King (part), Pierce (part)
No. 31 Roach (R) King (part), Pierce (part)
No. 32 Fairley (D) King (part)
No. 33 Smith (D) King (part)
No. 34 Heavey (D) King (part)
No. 35 Owen (D) Grays Harbor (part), Kitsap (part), Mason, Thurston (part)
No. 36 Kohl (D) King (part)
No. 37 Pelz (D) King (part)
No. 38 Strannigan (R) Snohomish (part)
No. 42 Anderson (R) Whatcom (part)
No. 43 Anderson (D) King (part)
No. 44 Long (R) Snohomish (part)
No. 45 Finkbeiner (R) King (part)
No. 46 Rinehart (D) King (part)
No. 47 Johnson (R) King (part)
No. 48 McDonald (R) King (part)
STATE SENATE "HOLDOVERS"
DISTRICT NAME COUNTIES REPRESENTED
No. 1 McAuliffe (D) King (part), Snohomish (part)
No. 2 Rasmussen (D) Pierce (part)
No. 3 Moyer (R) Spokane (part)
No. 4 McCaslin (R) Spokane (part)
No. 5 Drew (D) King (part)
No. 9 Prince (R) Adams, Asotin (part), Spokane (part), Whitman
No. 10 Haugen (D) Island, Skagit (part), Snohomish (part)
No. 11 Prentice (D) King (part)
No. 12 Sellar (R) Chelan, Douglas, Grant (part), Okanogan (part)
No. 14 Deccio (R) Yakima (part)
No. 16 Loveland (D) Asotin (part), Columbia, Franklin, Garfield, Walla Walla
No. 17 Sutherland (D) Clark (part), Skamania (part)
No. 18 Palmer (R) Clark (part), Cowlitz (part), Lewis (part)
No. 19 Snyder (D) Cowlitz (part), Grays Harbor (part), Pacific, Wahkiakum
No. 20 Swecker (R) Lewis (part), Pierce (part), Thurston (part)
No. 22 Fraser (D) Thurston (part)
No. 23 Sheldon (D) Kitsap (part)
No. 24 Hargrove (D) Clallam, Grays Harbor (part), Jefferson
No. 25 Gaspard (D) King (part), Pierce (part)
No. 27 Wojahn (D) Pierce (part)
No. 28 Winsley (R) Pierce (part)
No. 39 Quigley (D) King (part), Snohomish (part)
No. 40 Spanel (D) San Juan, Skagit (part), Whatcom (part)
No. 41 Cantu (R) King (part)
No. 49 Bauer (D) Clark (part)
IN TESTIMONY WHEREOF, I have hereunto set my hand,
and affixed the Seal of the state of Washington at Olympia,
this ninth day of January, 1995.
(Seal)
RALPH MUNRO
Secretary of State
FURTHER MESSAGE FROM THE SECRETARY OF STATE
The Honorable President of the Senate
Washington State Senate
Olympia, Washington
I, Ralph Munro, Secretary of State of the state of Washington, do hereby certify that according to the provisions of RCW 29.62.130, I have canvassed the returns of the 1,733,471 votes cast by the 2,896,519 registered voters of the state for and against the initiatives, referendums, federal offices, joint-judicial offices and joint-legislative offices which were submitted to the vote of the people at the state general election held on November 8, 1994, as received from the County Auditors.
INITIATIVE TO THE PEOPLE 607
"Shall persons other than dentists be licensed to make and sell dentures to the public, as regulated by a new state board of denture technology?"
YES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 955,960
NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703,619
REFERENDUM BILL 43
"Shall taxes on sales of cigarettes, liquor, and pop syrup be extended to fund violence reduction and drug enforcement programs?"
YES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 947,847
NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712,575
U.S. SENATE
Ron Sims (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 752,352
Slade Gorton (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .947,821
U.S. REPRESENTATIVE, 1st District
Maria Cantwell (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94,110
Rick White (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,554
U.S. REPRESENTATIVE, 2nd District
Harriet A. Spanel (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89,096
Jack Metcalf (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,430
U.S. REPRESENTATIVE, 3rd District
Jolene Unsoeld (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85,826
Linda Smith (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,188
Caitlin Davis Carlson (GC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6,620
U.S. REPRESENTATIVE, 4th District
Jay Inslee (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81,198
Doc Hastings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92,828
U.S. REPRESENTATIVE, 5th District
Thomas S. Foley (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106,074
George Nethercutt (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110,057
U.S. REPRESENTATIVE, 6th District
Norm Dicks (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105,480
Benjamin Gregg (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75,322
U.S. REPRESENTATIVE, 7th District
Jim McDermott (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148,353
Keith Harris (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49,091
U.S. REPRESENTATIVE, 8th District
Jim Wyrick (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44,165
Jennifer Dunn (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .140,409
U.S. REPRESENTATIVE, 9th District
Mike Kreidler (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72,451
Randy Tate (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77,833
STATE SUPREME COURT JUSTICE, Position 1
Richard Guy (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,104,579
STATE SUPREME COURT JUSTICE, Position 2
Gerry Alexander (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .731,090
Janice Niemi (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .653,131
STATE SUPREME COURT JUSTICE, Position 3
Phil Talmadge (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804,669
Jeanette Burrage (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .607,560
COURT OF APPEALS, DIVISION I, DISTRICT 3, Position 1
(Island, San Juan, Skagit, and Whatcom)
Mary Kay Becker (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71,978
COURT OF APPEALS, DIVISION II, DISTRICT 3, Position 1
(Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum)
J. Dean Morgan (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95,489
COURT OF APPEALS, DIVISION III, DISTRICT 1, Position 1
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens)
John A. Schultheis (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134,673
SUPERIOR COURT JUDGE, POSITION 1
(Benton and Franklin)
Philip M. Rodriguez (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4,198
George F. Wolcott (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,589
Vic L. VanderSchoor (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12,472
Phil Raekes (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,326
Bill Cameron (NP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,582
STATE REPRESENTATIVE, District 1, Position 1
(King and Snohomish)
Barbara S. Cothern (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15,321
Ian Elliot (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16,027
Alan Negrin (NL). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .666
STATE REPRESENTATIVE, District 1, Position 2
(King and Snohomish)
Linda S. Johnson (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,472
Mike Sherstad (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16,691
Amy Kolve (NL). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 714
STATE SENATOR, District 7
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens)
Bob Morton (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34,963
STATE REPRESENTATIVE, District 7, Position 1
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens)
Jack McLean (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,761
Steve Fuhrman (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31,573
STATE REPRESENTATIVE, District 7, Position 2
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens)
John McLaughlin (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13,200
Cathy McMorris (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28,470
STATE REPRESENTATIVE, District 9, Position 1
(Adams, Asotin, Sopkane and Whitman)
Larry Sheahan (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23,676
John Gearhart (LB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6,386
STATE REPRESENTATIVE, District 9, Position 2
(Adams, Asotin, Spokane and Whitman)
Mark Schoesler (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26,651
STATE REPRESENTATIVE, District 10, Position 1
(Island, Skagit and Snohomish)
Sue Karahalios (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18,333
Barney Beeksma (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20,727
STATE REPRESENTATIVE, District 10, Position 2
(Island, Skagit and Snohomish)
Juanita Wagner (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13,943
Barry Sehlin (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24,220
STATE REPRESENTATIVE, District 12, Position 1
(Chelan, Douglas, Grant and Okanogan)
W. Gordon Edgar (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8,924
Clyde Ballard (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25,635
STATE REPRESENTATIVE, District 12, Position 2
(Chelan, Douglas, Grant and Okanogan)
Dale Foreman (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27,617
STATE SENATOR, District 13
(Benton, Grant, Kittitas and Yakima)
Mike Williams (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,612
Harold Hochstatter (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23,072
STATE REPRESENTATIVE, District 13, Position 1
(Benton, Grant, Kittitas and Yakima)
Pamela Kursave (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,163
Gary Chandler (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25,326
STATE REPRESENTATIVE, District 13, Position 2
(Benton, Grant, Kittitas and Yakima)
Mike Hansen (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,374
Joyce Mulliken (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20,153
STATE SENATOR, District 15
(Benton, Klickitat, Skamania and Yakima)
Kevin L. Jackson (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,576
Irv Newhouse (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,436
STATE REPRESENTATIVE, District 15, Position 1
(Benton, Klickitat, Skamania and Yakima)
Elmer J. Ward (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7,078
Jim Honeyford (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,606
STATE REPRESENTATIVE, District 15, Position 2
(Benton, Klickitat, Skamania and Yakima)
Barb Lisk (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19,032
STATE REPRESENTATIVE, District 16, Position 1
(Asotin, Columbia, Franklin, Garfield and Walla Walla)
Dave Mastin (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18,988
Bob Hershman (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,482
STATE REPRESENTATIVE, District 16, Position 2
(Asotin, Columbia, Franklin, Garfield and Walla Walla)
Bill Grant (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18,656
Dennis J. Schilling (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,953
STATE REPRESENTATIVE, District 17, Position 1
(Clark and Skamania)
Kim Peery (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15,771
Marc Boldt (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,799
STATE REPRESENTATIVE, District 17, Position 2
(Clark and Skamania)
Jim Davis (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,099
Don Benton (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17,893
STATE REPRESENTATIVE, District 18, Position 1
(Clark, Cowlitz and Lewis)
Betty Sue Morris (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18,728
Joseph Zarelli (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,631
STATE REPRESENTATIVE, District 18, Position 2
(Clark, Cowlitz and Lewis)
Jim Springer (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15,078
John Pennington (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20,937
STATE REPRESENTATIVE, District 19, Position 1
(Cowlitz, Grays Harbor, Pacific and Wahkiakum)
Brian Hatfield (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20,193
Mark Obtinario (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11,762
STATE REPRESENTATIVE, District 19, Position 2
(Cowlitz, Grays Harbor, Pacific and Wahkiakum)
Bob Basich (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16,132
Brian Shay (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,954
STATE REPRESENTATIVE, District 20, Position 1
(Lewis, Pierce and Thurston)
Dave Chappel (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20,301
Ron Laeger (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,364
STATE REPRESENTATIVE, District 20, Position 2
(Lewis, Pierce and Thurston)
Bill Brumsickle (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27,463
STATE REPRESENTATIVE, District 24, Position 1
(Clallam, Grays Harbor and Jefferson)
Evan Jones (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20,292
Jim Buck (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22,242
STATE REPRESENTATIVE, District 24, Position 2
(Clallam, Grays Harbor and Jefferson)
Lynn Kessler (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24,513
Ray W. Freeman (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16,143
STATE REPRESENTATIVE, District 25, Position 1
(King and Pierce)
Marc F. Brouillet (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,114
Sarah M. Casada (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20,060
STATE REPRESENTATIVE, District 25, Position 2
(King and Pierce)
Barbara Skinner (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,014
Grant Owen Pelesky (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17,720
Mark Downey (PP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1,089
STATE SENATOR, District 26
(Kitsap and Pierce)
Ron Hanna (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,350
Bob Oke (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24,445
STATE REPRESENTATIVE, District 26, Position 1
(Kitsap and Pierce)
Ron Meyers (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,871
Lois McMahan (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19,749
STATE REPRESENTATIVE, District 26, Position 2
(Kitsap and Pierce)
Mary Ann Huntington (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,157
Tom Huff (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22,203
STATE SENATOR, District 30
(King and Pierce)
Jean Marie Brough (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14,046
Ray Schow (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,610
STATE REPRESENTATIVE, District 30, Position 1
(King and Pierce)
Tracey J. Eide (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13,529
Tim Hickel (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,858
STATE REPRESENTATIVE, District 30, Position 2
(King and Pierce)
Helen E. Myrick (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10,323
Maryann Mitchell (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18,677
STATE SENATOR, District 31
(King and Pierce)
Tina Aguilar (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,723
Pam Roach (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19,554
STATE REPRESENTATIVE, District 31, Position 1
(King and Pierce)
Judi Roland (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12,277
Eric Robertson (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,796
STATE REPRESENTATIVE, District 31, Position 2
(King and Pierce)
Lee Valenta (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11,568
Les Thomas (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17,398
STATE SENATOR, District 35
(Grays Harbor, Kitsap, Mason and Thurston)
Brad Owen (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24,265
Meta Heller (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11,736
STATE REPRESENTATIVE, District 35, Position 1
(Grays Harbor, Kitsap, Mason and Thurston)
Barbara J. Holm (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,222
Peggy Johnson (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20,575
STATE REPRESENTATIVE, District 35, Position 2
(Grays Harbor, Kitsap, Mason and Thurston)
Tim Sheldon (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28,489
STATE REPRESENTATIVE, District 39, Position 1
(King and Snohomish)
Steve Hobbs (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12,425
Val Stevens (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21,936
STATE REPRESENTATIVE, District 39, Position 2
(King and Snohomish)
Hans Dunshee (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16,324
John Koster (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18,185
STATE REPRESENTATIVE, District 40, Position 1
(Skagit, San Juan and Whatcom)
Dave Quall (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22,969
Mark L. Hulst (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17,581
STATE REPRESENTATIVE, District 40, Position 2
(Skagit, San Juan and Whatcom)
Kris Molesworth (D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19,640
Cheryl Hymes (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21,196
IN WITNESS WHEREOF, I have set my hand
and affixed the Seal of the state of Washington,
this eighth day of December, 1994.
(Seal) RALPH MUNRO
Secretary of State
EDITOR'S NOTE: Senator West, District 6; Senator Hale, District 8; Senator Wood, District 21; Senator Franklin, District 29; Senator Fairley, District 32; Senator Smith, District 33; Senator Heavey, District 34; Senator Kohl, District 36; Senator Pelz, District 37; Senator Strannigan, District 38; Senator Ann Anderson, District 42; Senator Cal Anderson, District 43; Senator Long, District 44; Senator Finkbeiner, District 45; Senator Rinehart, District 46, Senator Johnson, District 47; and Senator McDonald, District 48; all representing single counties, were certified by their county election officials.
APPOINTMENT OF SPECIAL COMMITTEE
The President of the Senate appointed a committee of honor consisting of Senators Spanel and Winsley to escort the Honorable Mary Kay Becker, Judge of the Washington State Court of Appeals, District 3, to the Senate Chamber and a seat upon the rostrum.
The President welcomed and introduced the Honorable Mary Kay Becker who will administer the oath of office to the newly elected, newly re-elected and newly appointed Senators.
ROLL CALL
The Acting Secretary called the roll of the following holdover members of the Senate and all were present: Senators Albert Bauer, Emilio Cantu, Alex A. Deccio, Kathleen Drew, Karen Fraser, Marcus S.Gaspard, Jim Hargrove, Mary Margaret Haugen, Valoria H. Loveland, Rosemary McAuliffe, Bob McCaslin, John Moyer, Margarita Prentice, Eugene A. Prince, Kevin Quigley, Marilyn Rasmussen, George L. Sellar, Betti L. Sheldon, Sid Snyder, Harriet A. Spanel, Dean Sutherland, Shirley J. Winsley and R. Lorraine Wojahn.
ROLL CALL
The Acting Secretary called the roll of the following newly re-elected Senators and all were present: Senators Ann Anderson, Rosa Franklin, Harold Hochstatter, Dan McDonald, Bob Morton, Irv Newhouse, Bob Oke, Brad Owen, Dwight Pelz, Nita Rinehart, Pam Roach, Ray Schow, Adam Smith and Jim West.
The Acting Sergeant at Arms escorted each of the newly re-elected members of the Senate to the bar of the Senate to receive the oath of office.
Judge Mary Kay Becker of the Washington State Court of Appeals thereupon administered the oath of office to each of the newly re-elected members.
The President presented each of the newly re-elected Senators a certificate of election.
The Acting Sergeant at Arms escorted each of the newly re-elected members to their seats in the Senate Chamber.
ROLL CALL
The Acting Secretary of the Senate called the roll of the following newly elected members of the Senate and all were present: Cal Anderson, Darlene Fairley, Bill Finkbeiner, Patricia S. Hale, Michael Heavey, Stephen L. Johnson, Jeanne Kohl, Jeannine Long, Gary Strannigan and Jeannette Wood.
The Acting Sergeant at Arms escorted each of the newly elected members of the Senate to the bar of the Senate to receive their oath of office.
Judge Mary Kay Becker of the Washington State Court of Appeals thereupon administered the oath of office to each of the newly elected members.
The President presented to each of the newly elected Senators a certificate of election.
The Acting Sergeant at Arms escorted each of the newly elected members to their seats in the Senate Chamber.
ROLL CALL
The Acting Secretary of the Senate called the roll of the following newly appointed members of the Senate and all were present: Harold L. (Hal) Palmer, Jr. and Daniel P. Swecker.
The Acting Sergeant at Arms escorted each of the newly appointed members of the Senate to the bar of the Senate to receive their oath of office.
Judge Mary Kay Becker of the Washington State Court of Appeals thereupon administered the oath of office to each of the newly appointed members.
The President presented to each of the newly appointed Senators a certificate of appointment.
The Acting Sergeant at Arms escorted each of the newly appointed members to their seats in the Senate Chamber.
ELECTION OF PRESIDENT PRO TEMPORE
The President declared nominations to be open for President Pro Tempore of the Senate.
REMARKS BY SENATOR GASPARD
Senator Gaspard: "Mr. President and members of the Senate. I would like to place in nomination the name of a Senator from the Twenty-seventh Legislative District, Senator Lorraine Wojahn as President Pro Tempore. Senator Wojahn has served as our President Pro Tempore for the last two years and has distinguished herself by a great amount of patience in dealing with all of us. She is a long-time friend, but more importantly, a long-time member of not only the Senate, but of the Legislature, because she started her career in the House of Representatives. She has distinguished herself throughout her career as being on the forefront of many of the issues that were not popular at the time that she brought them before us, such as consumer protection and the womens' rights movement.
"She has been a very distinguished member of this body and we have recognized that, because we have elected her as our President Pro Tempore of the Senate. She has done an outstanding service, not only to the Senate, but also to the state of Washington and to her district. It gives me great pride and great honor to recommend the nomination of Senator Lorraine Wojahn to once again serve as our President Pro Tempore of the Senate."
MOTION
On motion of Senator Spanel, the nominations for President Pro Tempore were closed.
ROLL CALL
The Acting Secretary called the roll and Senator R. Lorraine Wojahn was elected President Pro Tempore by the following vote: Wojahn, 49.
Voting Wojahn: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Bauer and Deccio as a committee of honor to escort Senator Wojahn to the rostrum.
Judge Mary Kay Becker of the Washington State Court of Appeals administered the oath of office to Senator Wojahn.
The committee of honor escorted President Pro Tempore Wojahn to her seat in the Senate Chamber and the committee was discharged.
ELECTION OF VICE PRESIDENT PRO TEMPORE
The President declared nominations to be open for Vice President Pro Tempore of the Senate.
REMARKS BY SENATOR LOVELAND
Senator Loveland: "Thank you, Mr. President and members of the Senate. It is my pleasure to place in nomination the name of Senator Rosa Franklin for the office of Vice President Pro Tempore. Senator Franklin is from the Twenty-ninth District and what I have found her to be is a fair, gentle, but strong woman, who has assisted us in our caucus. She will be able to stand in very well for either the President or President Pro Tempore. I would very much encourage you to support Senator Franklin. Senator Franklin, I love you and I want you to hold this most important office. Thank you."
MOTION
On motion of Senator Spanel, the nominations for Vice President Pro Tempore were closed.
ROLL CALL
The Acting Secretary called the roll and Senator Rosa Franklin was elected Vice President Pro Tempore by the following vote: Franklin 49.
Voting Franklin: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Owen and Moyer as a committee of honor to escort Senator Franklin to the rostrum.
Judge Mary Kay Becker of the Washington State Court of Appeals administered the oath of office to Senator Franklin.
The committee of honor escorted Vice President Pro Tempore Franklin to her seat in the Senate Chamber and the committee was discharged.
ELECTION OF SECRETARY OF THE SENATE
The President declared nominations to be open for Secretary of the Senate.
REMARKS BY SENATOR SNYDER
Senator Snyder: "Mr. President, I would like to place in nomination for Secretary of the Senate, the name of Marty Brown. I asked my wife, Betti, this morning what I could say about Marty as I had to nominate him. She said, 'Well, you always said that nobody could take your place as Secretary of the Senate, but Marty is trying.' Then, I thought maybe I would list all of the attributes that it takes to be Secretary of the Senate and after I listed a few, I thought, 'Well, probably there isn't anybody, past, present or future that could meet all of the qualifications that are necessary to be Secretary of the Senate.'
"At times, it is kind of a tough job serving all forty-nine members of the Senate, but Marty does an outstanding job. He has made lots of improvements the last two years; there have been lots of improvements made since I left that office. I am sure that any of us that have had any contact with Marty knows that he does an extremely great job in that position. When he is dealing with forty-nine egos, it isn't always easy, but again he is well qualified to continue in the job as Secretary of the Senate and I am pleased and delighted to stand here and nominate him for that position."
MOTION
On motion of Senator Spanel, the nominations for Secretary of the Senate were closed.
Marty Brown was elected Secretary of the Senate by a voice vote.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Drew and Prince as a committee of honor to escort Marty Brown to the rostrum.
Judge Mary Kay Becker of the Washington State Court of Appeals administered the oath of office to Marty Brown.
The committee of honor escorted Secretary of the Senate Marty Brown to his seat in the Senate Chamber and the committee was discharged.
ELECTION OF SERGEANT AT ARMS
The President declared nominations to be open for Sergeant at Arms of the Senate.
REMARKS BY SENATOR PRENTICE
Senator Prentice: "Mr. President, I wish to place the name of Richard Fisher for the position of Sergeant at Arms. Richard Fisher has been a friend of mine for over twenty-five years, as I am sure you are all tired of hearing. He and I first met when I was a night nurse at Valley Medical Hospital and he was a State Trooper. We used to always let him know that he was taking care of us in South King County. He did that job exactly.
"It was my pleasure to place his name in nomination two years ago and in those two years he has conducted this office in a professional manner, bringing the skills that I knew he had, as I knew he would to this office. This is one of those offices where, when things are running smoothly, you don't hear much about it. He has quietly lead the staff as they have performed their duties, taking care of most problems before we knew they had even gone on. I urge your support for Richard Fisher for Sergeant at Arms."
MOTION
On motion of Senator Spanel, the nominations for Sergeant at Arms of the Senate were closed.
Richard Fisher was elected Sergeant At Arms of the Senate by a voice vote.
APPOINTMENT OF SPECIAL COMMITTEE
The President appointed Senators Haugen and McCaslin as a committee of honor to escort Richard Fisher to the rostrum.
Judge Mary Kay Becker of the Washington State Court of Appeals administered the oath of office to Richard Fisher.
The committee of honor escorted Sergeant at Arms Fisher to his seat in the Senate Chamber and the committee was discharged.
The committee of honor, consisting of Senators Smith and Roach, escorted the Honorable Mary Kay Becker from the Senate Chamber.
PERSONAL PRIVILEGE
Senator Gaspard: "Mr. President, a point of personal privilege if I may. We have gone through the opening ceremonies of this Fifty-fourth Legislature and I would like to extend a strong welcome to those newly elected members, but also the members who have served in this chamber before, as well as our newly appointed members. We have a great task before us, today, in representing the citizens of the state of Washington. They have entrusted with us the responsibility of developing both sound and reasonable policy and legislation. We have great challenges before us, but we also have great opportunities. I would suggest that now is the time for us to put behind us the campaigns of the old, to not be the candidates of old, but to be the State Senators of New. Our citizens expect nothing less of us--to be state's men, to be state's women. They expect us to work together for the good of our state. They expect us not to just identify problems, but to seek solutions. We have a great state. We cherish our quality of life here and the opportunities we all have. Let us, always, continue to work to make this state a great place to live.
"Our task as lawmakers is to meet the critical needs of this state, to create opportunities for our citizens and to assure public safety. Let us all join together to accomplish these tasks and to do so with dignity and humility, but also with understanding and compassion. I wish us all a very successful and accomplished legislative session."
MOTION
On motion of Senator Spanel, the following resolution was adopted:
SENATE RESOLUTION 1995-8600
By Senators Gaspard, Snyder, McDonald and Sellar
BE IT RESOLVED, That a committee of four be appointed to notify the House that the Senate is now organized and ready to transact business.
APPOINTMENT OF SPECIAL COMMITTEE
In accordance with Senate Resolution 1995-8600, the President appointed Senators Heavey, Finkbeiner, Kohl and Wood to notify the House of Representatives that the Senate is organized and ready to transact business.
MOTION
On motion of Senator Spanel, the appointments were confirmed.
The committee retired to the House of Representatives.
MOTION
On motion of Senator Spanel, the Senate reverted to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8401 by Senator Gaspard
Notifying the governor that the legislature is prepared to conduct business.
MOTIONS
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8401 was advanced to second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8401 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
SENATE CONCURRENT RESOLUTION NO. 8401 was adopted by voice vote.
APPOINTMENT OF SPECIAL COMMITTEE
In accordance with Senate Concurrent Resolution No. 8401, the President appointed Senators Cal Anderson, Long, McAuliffe and Oke to join a like committee from the House of Representatives to notify the Governor that the Legislature is organized and ready to conduct business.
MOTION
On motion of Senator Spanel, the appointments were confirmed.
The committee retired to the office of the Governor.
MOTION
On motion of Senator Spanel, the following 1995 Senate Standing Committee Assignments were approved:
Membership of
Senate Standing Committees
1995
Agriculture and Agricultural Trade and Development (7) -- Rasmussen, Chair; Loveland, Vice Chair; A. Anderson, Bauer, *Morton, Newhouse, Snyder.
Ecology and Parks (6) -- Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel, *Swecker.
Education (7) -- McAuliffe, Chair; Pelz, Vice Chair; Finkbeiner, Gaspard, Hochstatter, *Johnson, Rasmussen.
Energy, Telecommunications and Utilities (5) -- Sutherland, Chair; Loveland, Vice Chair; *Finkbeiner, Hochstatter, Owen.
Financial Institutions and Housing (7) -- Prentice, Chair; Fraser, Vice Chair; *Hale, Roach, Sellar, Smith, Sutherland.
Government Operations (7) -- Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin, *Winsley.
Health and Long-Term Care (9) -- Quigley, Chair; Wojahn, Vice Chair; C. Anderson, Deccio, Fairley, Franklin, *Moyer, Winsley, Wood.
Higher Education (9) -- Bauer, Chair; Kohl, Vice Chair; A. Anderson, Drew, McAuliffe, Prince, Sheldon, West, *Wood.
Human Services and Corrections (11) -- Hargrove, Chair; Franklin, Vice Chair; Fairley, Kohl, *Long, Moyer, Palmer, Prentice, Schow, Smith, Strannigan.
Labor, Commerce and Trade (9) -- Pelz, Chair; Heavey, Vice Chair; *Deccio, Franklin, Fraser, Hale, Newhouse, Palmer, Wojahn.
Law and Justice (11) -- Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Rinehart, *Roach, Schow.
Natural Resources (11) -- Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, *Oke, Owen, Snyder, Strannigan, Swecker.
Rules (19) **Pritchard, Chair; Wojahn, Vice Chair; C. Anderson, Bauer, Cantu, Deccio, Franklin, Gaspard, Heavey, Kohl, Loveland, McDonald, Newhouse, Oke, Schow, Sellar, Sheldon, Snyder, Spanel.
Transportation (13) -- Owen, Chair; Heavey, Vice Chair; Fairley, Haugen, Kohl, Morton, Oke, Prentice, *Prince, Rasmussen, Schow, Sellar, Wood.
Ways and Means (25) -- Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Gaspard, Hargrove, Hochstatter, Johnson, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, *West, Winsley,
Wojahn.
* Ranking Republican Member
** Lt. Governor Pritchard is a voting member
INTRODUCTION AND FIRST READING
SB 5000 by Senators Loveland, Snyder, Wojahn, Sheldon, Gaspard, Franklin, Haugen, Rasmussen, Quigley, Owen, McAuliffe, Winsley, McCaslin, Drew, Morton, Prentice, Bauer, Spanel, Hale and Deccio
AN ACT Relating to property tax reductions; amending RCW 43.135.045; reenacting and amending RCW 43.84.092; adding a new section to chapter 84.48 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5001 by Senators Sheldon, Snyder, Haugen, Winsley, Quigley, Franklin, Rasmussen and Prentice
AN ACT Relating to the property taxation of senior citizens and persons retired because of physical disability; amending RCW 84.36.381 and 84.36.381; adding a new section to chapter 84.40 RCW; creating a new section; repealing 1994 1st sp.s. c 8 s 3 (uncodified); providing effective dates; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5002 by Senators Smith, Haugen, Winsley, McCaslin, Wojahn, C. Anderson, Rasmussen, Moyer, Prentice, Rinehart, Long, Quigley, McAuliffe and Kohl
AN ACT Relating to assault; amending RCW 9A.36.031; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5003 by Senators Rasmussen, Newhouse, Loveland, Sellar, Snyder, Hochstatter, Prince, Bauer, Morton, Haugen, Winsley and A. Anderson
AN ACT Relating to the deposit of interest earnings from agricultural funds and accounts; amending RCW 15.36.551, 16.38.060, 17.21.280, 17.24.131, and 69.07.120; reenacting and amending RCW 43.84.092; adding a new section to chapter 43.84 RCW; adding a new section to chapter 43.23 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5004 by Senators Rasmussen, Gaspard, Newhouse, Snyder, Sellar, Bauer, Winsley and C. Anderson
AN ACT Relating to the collection, conservation, and appreciation of diversified horticultural plant species; and adding a new section to chapter 1.20 RCW.
Referred to Committee on Ecology and Parks.
SB 5005 by Senators Sheldon, Snyder, Wojahn, Haugen, Winsley and Kohl
AN ACT Relating to interest on property tax refunds; amending RCW 84.69.100; and creating a new section.
Referred to Committee on Ways and Means.
SB 5006 by Senators Winsley, Haugen, McCaslin and Rasmussen
AN ACT Relating to lowering the state-authorized property tax rate; amending RCW 84.52.065; and creating a new section.
Referred to Committee on Ways and Means.
SB 5007 by Senators Roach, Johnson, Long, Schow, Quigley, Drew, McAuliffe, C. Anderson, Rasmussen and Finkbeiner
AN ACT Relating to approval of toll facilities; adding a new section to chapter 47.46 RCW; and declaring an emergency.
Referred to Committee on Transportation.
SB 5008 by Senators Winsley, Haugen, McCaslin, Rasmussen and Schow
AN ACT Relating to property tax relief for senior citizens and persons retired by reason of physical disability; amending RCW 84.36.381 and 84.36.381; creating a new section; providing a contingent effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5009 by Senator McCaslin
AN ACT Relating to drugs for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or other ailment in humans; amending RCW 82.08.0281 and 82.12.0275; and providing an effective date.
Referred to Committee on Ways and Means.
SB 5010 by Senators McCaslin and Fraser
AN ACT Relating to disposal of remains of indigent persons; and amending RCW 36.39.030.
Referred to Committee on Government Operations.
SB 5011 by Senator Owen
AN ACT Relating to forest products; amending RCW 76.48.020, 76.48.030, 76.48.040, 76.48.050, 76.48.060, 76.48.070, 76.48.075, 76.48.096, 76.48.098, 76.48.100, 76.48.110, 76.48.120, and 76.48.130; adding new sections to chapter 76.48 RCW; and repealing RCW 76.48.092.
Referred to Committee on Natural Resources.
SB 5012 by Senator Snyder
AN ACT Relating to transfer of fishery licenses; and amending RCW 75.28.011.
Referred to Committee on Natural Resources.
SB 5013 by Senator Snyder
AN ACT Relating to the definition of food fish and enhanced food fish; and amending RCW 75.08.011 and 82.27.010.
Referred to Committee on Natural Resources.
SB 5014 by Senators Snyder and Oke
AN ACT Relating to sale of salmon eggs; adding a new section to chapter 75.08 RCW; and repealing RCW 75.08.245.
Referred to Committee on Natural Resources.
SB 5015 by Senators Gaspard, McDonald and Schow (by request of Office of the Forecast Council)
AN ACT Relating to economic assumptions for state retirement systems; amending RCW 41.45.030 and 41.45.060; repealing RCW 41.45.040 and 41.45.0601; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5016 by Senator Snyder
AN ACT Relating to special base years for unemployed persons directly affected by the salmon fishing disaster; adding a new chapter to Title 50 RCW; creating a new section; providing an expiration date; and declaring an emergency.
Referred to Committee on Labor, Commerce and Trade.
SB 5017 by Senator Snyder
AN ACT Relating to commercial fishery licenses; and adding a new section to chapter 75.28 RCW.
Referred to Committee on Natural Resources.
SB 5018 by Senators Snyder, McCaslin and Schow
AN ACT Relating to personal property taxes; and amending RCW 84.44.080.
Referred to Committee on Ways and Means.
SB 5019 by Senator Snyder
AN ACT Relating to industrial developments; adding a new section to chapter 36.70A RCW; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5020 by Senators Snyder, McCaslin, Rasmussen, Bauer and Schow
AN ACT Relating to the issuance of a permit and a variance by the department of labor and industries upon finding that the terms of employment are sufficient to protect the health, safety, and welfare of employed minors; amending RCW 49.12.124; and repealing RCW 26.28.060.
Referred to Committee on Labor, Commerce and Trade.
SB 5021 by Senators Snyder, Owen and Rasmussen
AN ACT Relating to the regulation of certain outdoor fires; and amending RCW 70.94.743, 70.94.745, 70.94.750, 70.94.755, 70.94.775, and 70.94.780.
Referred to Committee on Ecology and Parks.
SB 5022 by Senators Fairley and Winsley
AN ACT Relating to identification cards for liquor purchases; and amending RCW 66.16.040.
Referred to Committee on Labor, Commerce and Trade.
SB 5023 by Senators Fairley, Wojahn, C. Anderson and Pelz
AN ACT Relating to pistol safety; reenacting and amending RCW 9.41.090; and adding a new section to chapter 9.41 RCW.
Referred to Committee on Law and Justice.
SB 5024 by Senators Hargrove, Long, Smith, Winsley, McCaslin, Rasmussen, Bauer, Schow and Oke (by request of Department of Corrections)
AN ACT Relating to health care services for offenders; amending RCW 72.10.020; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5025 by Senators Smith, Rasmussen and Schow
AN ACT Relating to removing the repealer of the criminal profiteering act; repealing RCW 9A.82.903; and declaring an emergency.
Referred to Committee on Law and Justice.
SB 5026 by Senator Smith
AN ACT Relating to separating the duties of coroner and prosecuting attorney; and amending RCW 36.16.030, 36.17.020, and 36.24.175.
Referred to Committee on Government Operations.
SB 5027 by Senators Smith, McCaslin, Rasmussen, Prentice, Kohl and Schow
AN ACT Relating to the statute of limitations for homicide by abuse; and amending RCW 9A.04.080.
Referred to Committee on Law and Justice.
SB 5028 by Senator Smith
AN ACT Relating to possession of firearms; amending RCW 9.41.040 and 9.41.047; reenacting and amending RCW 9.41.010; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5029 by Senators Hargrove, Fraser and Winsley (by request of Department of Social and Health Services)
AN ACT Relating to the children's services advisory committee; and amending RCW 74.13.031.
Referred to Committee on Human Services and Corrections.
SB 5030 by Senators Hargrove, Fraser, Winsley and Schow (by request of Department of Corrections)
AN ACT Relating to offenders' noncompliance with conditions or requirements of sentences; amending RCW 9.94A.200; and prescribing penalties.
Referred to Committee on Human Services and Corrections.
SB 5031 by Senators Hargrove, Winsley and Prentice (by request of Department of Social and Health Services)
AN ACT Relating to methadone treatment; and amending RCW 70.96A.400, 70.96A.410, and 70.96A.420.
Referred to Committee on Human Services and Corrections.
SB 5032 by Senators Hargrove and Fraser (by request of Department of Social and Health Services)
AN ACT Relating to adoption support; and amending RCW 74.13.118 and 74.13.121.
Referred to Committee on Human Services and Corrections.
SB 5033 by Senators Rasmussen, Morton, Snyder, Loveland, Newhouse, A. Anderson and Hochstatter
AN ACT Relating to the commission on pesticide registration; amending RCW 15.92.010 and 15.92.060; adding new sections to chapter 15.92 RCW; and making an appropriation.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SB 5034 by Senators Quigley, Haugen, Winsley, Rasmussen and Oke
AN ACT Relating to decreasing business and occupation tax rates; amending RCW 82.04.255 and 82.04.290; creating a new section; repealing RCW 82.04.2201 and 82.04.055; providing effective dates; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5035 by Senators Quigley, Winsley, McCaslin, Rasmussen and Oke
AN ACT Relating to decreasing business and occupation tax rates; amending RCW 82.04.255 and 82.04.290; repealing RCW 82.04.055 and 82.04.2201; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5036 by Senators Quigley, Haugen and Winsley
AN ACT Relating to expanding access to higher education; amending RCW 28B.10.808; and adding new sections to chapter 28B.10 RCW.
Referred to Committee on Higher Education.
SB 5037 by Senators Quigley and Winsley
AN ACT Relating to higher education; reenacting and amending RCW 28B.15.202 and 28B.15.402; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28B.35 RCW; adding a new section to chapter 28B.40 RCW; adding a new section to chapter 28B.30 RCW; adding a new section to chapter 28B.20 RCW; and creating a new section.
Referred to Committee on Higher Education.
SB 5038 by Senator Quigley
AN ACT Relating to modifying time periods for adoption of health benefits and standards; amending RCW 43.72.090, 43.72.180, 70.47.020, and 70.47.060; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5039 by Senator Fairley
AN ACT Relating to luring; and amending RCW 9A.40.090.
Referred to Committee on Law and Justice.
SB 5040 by Senators Haugen and Winsley
AN ACT Relating to district court districting committee; and rennacting and amending RCW 3.38.010.
Referred to Committee on Government Operations.
SB 5041 by Senators Winsley, Haugen and McCaslin
AN ACT Relating to temporary absences in local elective offices; amending RCW 35.18.020, 35.18.190, 35.23.191, 35.27.140, and 35.27.160; and reenacting and amending RCW 35.23.101.
Referred to Committee on Government Operations.
SB 5042 by Senators Winsley and Haugen
AN ACT Relating to ordinance information pooling; amending RCW 35A.39.010; and adding a new section to chapter 35.21 RCW.
Referred to Committee on Government Operations.
SB 5043 by Senators Winsley and Haugen
AN ACT Relating to adoption of codes and statutes by reference by code cities; and amending RCW 35A.12.140.
Referred to Committee on Government Operations.
SB 5044 by Senators Haugen and Winsley
AN ACT Relating to initiative petition requirements for cities and towns; and amending RCW 35.17.270.
Referred to Committee on Government Operations.
SB 5045 by Senators Haugen and Winsley
AN ACT Relating to the vacation by a city or town of streets abutting bodies of water; and amending RCW 35.79.035.
Referred to Committee on Government Operations.
SB 5046 by Senator Haugen
AN ACT Relating to filing requirements for interlocal agreements; amending RCW 39.34.040; and repealing RCW 39.34.120.
Referred to Committee on Government Operations.
SB 5047 by Senators Haugen, Winsley and Pelz
AN ACT Relating to state procurement practices; and amending RCW 43.19.1906.
Referred to Committee on Government Operations.
SB 5048 by Senators Haugen, Winsley and Pelz
AN ACT Relating to disclosure of compensation for local government chief administrative officers; adding a new section to chapter 42.16 RCW; and creating new sections.
Referred to Committee on Government Operations.
SB 5049 by Senators Haugen and Winsley
AN ACT Relating to county research services; amending RCW 82.14.200, 43.88.114, 43.110.030, and 43.110.010; reenacting RCW 82.44.160; and adding a new section to chapter 36.32 RCW.
Referred to Committee on Government Operations.
SB 5050 by Senators Morton, Smith, Rasmussen and Schow
AN ACT Relating to burglary in the first degree; and amending RCW 9A.52.020.
Referred to Committee on Law and Justice.
SB 5051 by Senator Smith
AN ACT Relating to vocational training for students with disabilities; and amending RCW 18.16.020.
Referred to Committee on Labor, Commerce and Trade.
SB 5052 by Senators Winsley and Haugen
AN ACT Relating to deleting obsolete provisions related to the printing and duplicating center; and repealing RCW 43.19.640, 43.19.645, 43.19.650, 43.19.655, 43.19.660, and 43.19.665.
Referred to Committee on Government Operations.
SB 5053 by Senators Haugen and Winsley
AN ACT Relating to real estate disclosure; and amending RCW 64.06.010, 64.06.020, 64.06.030, 64.06.040, 64.06.050, and 64.06.070.
Referred to Committee on Government Operations.
SB 5054 by Senators Winsley and Haugen
AN ACT Relating to advancements for travel expenses; and repealing RCW 42.24.130.
Referred to Committee on Government Operations.
SB 5055 by Senators Winsley and Haugen
AN ACT Relating to filing and recording of instruments, papers, and notices; and amending RCW 65.04.090.
Referred to Committee on Government Operations.
SB 5056 by Senators Haugen and Winsley
AN ACT Relating to employee safety award programs; and amending RCW 36.32.460.
Referred to Committee on Government Operations.
SB 5057 by Senators Haugen, Winsley and Fraser
AN ACT Relating to creating a county optional code study commission; creating new sections; and making an appropriation.
Referred to Committee on Government Operations.
SB 5058 by Senators Haugen and Winsley
AN ACT Relating to the use of locally imposed real estate excise tax proceeds for financing capital projects; and reenacting and amending RCW 82.46.035.
Referred to Committee on Government Operations.
SB 5059 by Senators Haugen, Winsley and Snyder
AN ACT Relating to minimum qualifications for the office of sheriff; and amending RCW 36.28.025.
Referred to Committee on Government Operations.
SB 5060 by Senators Haugen and Winsley
AN ACT Relating to publication of legal notices by political subdivisions; and amending RCW 65.16.160.
Referred to Committee on Government Operations.
SB 5061 by Senators Haugen, Winsley and Fraser
AN ACT Relating to law enforcement officers and fire fighters plan I disability board operating expenses; and amending RCW 41.26.110.
Referred to Committee on Government Operations.
SB 5062 by Senator Fairley
AN ACT Relating to side marker lamps; and amending RCW 46.37.210.
Referred to Committee on Transportation.
SB 5063 by Senators Fairley, Haugen, McCaslin, Quigley, Hochstatter and Oke
AN ACT Relating to persistent offenders; amending RCW 9.94A.030; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5064 by Senators Owen, Drew and Oke
AN ACT Relating to regional fisheries enhancement program; amending RCW 75.52.035, 75.50.110, and 75.50.120; reenacting and amending RCW 75.50.100; adding new sections to chapter 75.50 RCW; adding a new section to chapter 90.58 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Natural Resources.
SB 5065 by Senators Smith, Winsley and Schow (by request of Department of Corrections)
AN ACT Relating to sentences for additional crimes by felons; amending RCW 9.94A.200 and 9.94A.400; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5066 by Senators Fraser, Newhouse, Loveland, Rasmussen and Hochstatter
AN ACT Relating to property tax reform; amending RCW 84.33.035 and 84.33.170; and creating a new section.
Referred to Committee on Ways and Means.
SB 5067 by Senators Snyder and Sellar
AN ACT Relating to distribution and pricing of session laws, legislative journals, and supreme court and court of appeals reports; and amending RCW 40.04.030, 40.04.035, 40.04.040, and 40.04.090.
Referred to Committee on Government Operations.
SB 5068 by Senators Sheldon and Haugen
AN ACT Relating to limits on executory conditional sales contracts entered into by local governments; amending RCW 39.30.010, 35A.64.010, and 39.44.210; and adding a new section to chapter 39.30 RCW.
Referred to Committee on Government Operations.
SB 5069 by Senators Haugen, Winsley and Sheldon
AN ACT Relating to property tax billings; amending RCW 84.40.380; reenacting and amending RCW 84.56.020; and creating a new section.
Referred to Committee on Government Operations.
SB 5070 by Senators Haugen, Winsley, Drew, Sheldon and Fraser
AN ACT Relating to the study of the impact of growth management requirements on property values; amending RCW 36.70A.370; and creating a new section.
Referred to Committee on Government Operations.
SB 5071 by Senators Haugen, Winsley and Sheldon
AN ACT Relating to local voters' pamphlets; and amending RCW 29.81A.020.
Referred to Committee on Government Operations.
SB 5072 by Senators Haugen and Winsley
AN ACT Relating to open public meetings; amending RCW 42.30.120; and prescribing penalties.
Referred to Committee on Government Operations.
SB 5073 by Senators McCaslin, Haugen, Sheldon and Schow
AN ACT Relating to valuation of new construction; amending RCW 36.21.070; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5074 by Senator Fraser
AN ACT Relating to wood burning devices; and amending RCW 70.94.473 and 70.94.477.
Referred to Committee on Ecology and Parks.
SB 5075 by Senators Owen, Sheldon and Oke
AN ACT Relating to emergency school construction; making an appropriation; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5076 by Senators Oke, Owen and Drew
AN ACT Relating to wildlife habitat corridors; adding new sections to chapter 77.12 RCW; and creating a new section.
Referred to Committee on Natural Resources.
SB 5077 by Senators Oke and Owen
AN ACT Relating to commercial bottom trawling; amending RCW 75.12.390, 75.28.120, and 75.28.130; and providing an effective date.
Referred to Committee on Natural Resources.
SJM 8000 by Senators Rasmussen, Morton, Snyder, Newhouse, A. Anderson and Hochstatter
Petitioning Congress to introduce legislation on pesticide use for minor crops.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SJM 8001 by Senators Rasmussen, Morton, Snyder, Newhouse, A. Anderson and Hochstatter
Petitioning Congress to amend the food, drug, and cosmetic act to establish a negligible risk standard for pesticide residue in processed foods.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SJR 8200 by Senators Haugen, Winsley and Fraser
Amending the Constitution to provide an alternative method of framing a county charter.
Referred to Committee on Government Operations.
SJR 8201 by Senators Haugen and Winsley
Amending the Constitution to revise the method of altering county boundaries.
Referred to Committee on Government Operations.
SJR 8202 by Senators Haugen, Winsley, Drew, Sheldon and C. Anderson
Amending the Constitution to authorize the state to collect property tax for the purpose of funding state fire protection services.
Referred to Committee on Ways and Means.
SCR 8400 by Senators Haugen, Winsley, Owen, C. Anderson and Oke
Creating the Joint Select Committee on Veterans and Military Personnel Affairs.
Referred to Committee on Government Operations.
There being no objection, the President returned the Senate to the third order of business.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Joel Pritchard
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
MR. PRESIDENT:
We respectfully transmit for your consideration the following bills which were vetoed by the Governor, together with the official veto message of the Governor setting forth his objections to the bills as required by Article III, section 12, of the Washington State Constitution:
ENGROSSED SENATE BILL NO. 5018
SENATE BILL NO. 6003
SENATE BILL NO. 6023
SENATE BILL NO. 6254
IN TESTIMONY WHEREOF, I have hereunto set my hand,
and affixed the Seal of the state of Washington at Olympia,
this ninth day of January, 1995.
(Seal) RALPH MUNRO
Secretary of State
VETOED BILLS
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON ENGROSSED SENATE BILL NO. 5018
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval Engrossed Senate Bill No. 5018 entitled:
"AN ACT Relating to service of process;"
This bill would amend current law relating to service of process, by allowing a notice of legal action against one or both spouses of a marital community to be served to either spouse personally, or by leaving a copy of the summons at their home with a resident who is of suitable age and discretion.
The bill's intended purpose is to make service of process easier in cases against the marital community by allowing service of process on either spouse even if they are away from home. An issue is raised in this situation when the spouses are not living together. The legislation attempts to address this concern by providing that where the spouses do not reside together, process must be made upon each personally.
However, the bill's language not only makes it easier to serve process on cases against the marital community but, as written, also makes it easier to serve process on cases against a spouse's separate property. Specifically, the language would allow a process server, in a case involving one spouse's separate property, to serve the other spouse at work. This raises serious due process concerns that I believe justify a veto. It is inconsistent with the purpose of service of process, which is to effect due process so that a court may exercise jurisdiction over the person and property of a defendant in an action. This language represents a significant departure from current law on cases against individual/separate property which require some kind of personal notice or that notice be delivered to your home.
For these reasons, I have vetoed Engrossed Senate Bill No. 5018 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SENATE BILL NO. 6003
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Senate Bill No. 6003 entitled:
"AN ACT Relating to the well-being of Children;"
Senate Bill No. 6003 attempts to clarify obscenity laws in our state as they apply to minors. The issue of pornography is one of the most emotionally charged issues before our courts and lawmakers. We must protect our most valuable resource--our children--and I know that was the legislature's well meant intention. However, that is not what Senate Bill No. 6003 does, and it also endangers some of our most important freedoms.
Presently the Washington State Supreme Court has a case before it based on a 1992 statute which added "sound recordings" to the list of materials able to be classified as erotic. The Court has not yet rendered its opinion in this case. This decision is expected to offer guidance and interpretation to the constitutionality of our present law.
Until we hear from the State Supreme Court, a number of questions remain as to the constitutionality of the present laws and, therefore, the appropriateness of any attempted revisions to those laws. Senate Bill No. 6003 is overly broad, vague and ambiguous in a number of respects. This raises important questions as to the bill's constitutional survivability.
The bill also contains provisions which are troubling and, by all signs, unintended. Senate Bill No. 6003, as well as present law, offer special protections to minors. However, the current law defines a minor as anyone under eighteen years of age, while this bill changes the definition to anyone under seventeen years of age. Senate Bill No. 6003 would actually allow more children to be exposed legally to the very material where access is sought to be limited. Further, under the provisions of Senate Bill No. 6003, an individual store clerk could be held criminally liable for selling material later held to be harmful to minors, while those who actually profit from such materials would be explicitly protected from liability.
We must make every effort to protect our children, and we must be likewise vigilant in protecting the fundamental freedoms they will grow to cherish. While there may be disagreement on the particular materials or circumstances from which our children require protection, there is widespread agreement on the need to adequately insulate our children from the proliferation of violence and other obscenity permeating our society. I look forward to working with the legislature, scholars, prosecutors, and citizens to craft, as necessary, changes or additions to current law which are narrowly tailored to address the problem in an enforceable, practical, and constitutionally sound manner.
For these reasons, I am vetoing Senate Bill No. 6003 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SENATE BILL NO. 6023
April 2, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Senate Bill No. 6023 entitled:
"AN ACT Relating to emergency management;"
This legislation would transfer the emergency management function from the Department of Community, Trade and Economic Development to the Military Department.
The state role in emergency management is an extremely important one. Under state law, local governments have prime responsibility for protecting the public's health and safety. The state's role is to assist local governments in planning, for responding to, and recovering from emergencies and disasters of all kinds. As governor, I have responsibility for public health and safety statewide, and I take this responsibility seriously. Actions that affect the state's capacity to plan for and respond to emergencies are of critical importance to me.
I believe that a review of how to best organize the state's ability to plan for and respond to emergencies and other public safety needs is both reasonable and appropriate. The Department of Community Development was given responsibility for emergency management in 1986 because of the need to better coordinate state emergency management activities with local governments and with other agencies and to provide a more effective emergency planning, response, and recovery capability for the state in the event of an emergency.
While the Military Department is both capable and responsive, it is not clear that simply transferring emergency management responsibilities from the Department of Community, Trade and Economic Development, in and of itself, will significantly improve the ability of the state to plan or respond to emergencies.
Effective emergency management requires extensive state and local planning. It involves the highest degree of readiness and effectiveness when an emergency occurs, backing up local response with state resources and personnel if needed. It involves the ability to quickly identify local losses and needs, to fund recovery as rapidly as possible and to cover these costs until federal reimbursement arrives. All of these activities require close coordination between state and local emergency managers and between many state agencies.
Rather than transferring the existing division from one agency to another, the state should review all of these issues and other public safety concerns as well to assure that the state has the best capacity to respond to emergencies and the strongest ability to protect the public safety.
For these reasons, I have vetoed Senate Bill No. 6023 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
VETO MESSAGE ON SENATE BILL NO. 6254
April 2, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Senate Bill No. 6254 entitled:
"AN ACT Relating to funeral or burial expenses of indigent persons;"
This bill allows the county to file a claim for funeral or burial expenses against any escheat property which reverts to the state when the county has paid burial expenses of the decedent.
The bill duplicates current law. Presently a county may file a claim against a deceased person's estate for any burial or funeral expenses it has incurred when family, friends, and/or organizations do not come forward to claim the body. The language in this bill is vague and may be misleading. A county might read this as empowering it to make a claim to the state for payment of the funeral expenses of any indigent person. I am vetoing this bill and directing the Department of Revenue to provide additional information and guidance to county councils and commissioners about how counties may make claims for payment of burial or funeral expenses of persons who die without heirs or a will.
For these reasons, I have vetoed Senate Bill No. 6254 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
FURTHER MESSAGE FROM THE SECRETARY OF STATE
The Honorable Joel Pritchard
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Mr. President:
We respectfully transmit for your consideration the following bills which have been partially vetoed by the Governor, together with the official veto message of the Governor setting forth his objections to the sections or items of each of the bills as required by Article III, section 12, of the Washington State Constitution.
Section 3, Substitute Senate Bill No. 6006, the remainder of which has been designated Chapter 8, Laws of 1994 Regular Session;
Sections 1, 3 and 4, Substitute Senate Bill No. 6561, the remainder of which has been designated Chapter 47, Laws of 1994 Regular Session;
Sections 513(28) and 513(50), Substitute Senate Bill No. 6096, the remainder of which has been designated Chapter 143, Laws of 1994 Regular Session;
Section 11, Engrossed Substitute Senate Bill No. 6068, the remainder of which has been designated Chapter 253, Laws of 1994 Regular Session;
Sections 15, 16, 17, 18, 19, 20 and 21, Engrossed Substitute Senate Bill No. 6125, the remainder of which has been designated Chapter 255, Laws of 1994 Regular Session;
Section 50, Senate Bill No. 6285, the remainder of which has been designated Chapter 256, Laws of 1994 Regular Session;
Section 10, Engrossed Substitute Senate Bill No. 6339, the remainder of which has been designated Chapter 257, Laws of 1994 Regular Session;
Section 35, Substitute Senate Bill No. 6047, the remainder of which has been designated Chapter 275, Laws of 1994 Regular Session;
Sections 3, 5 and 6, Second Substitute Senate Bill No. 6107, the remainder of which has been designated Chapter 284, Laws of 1994 Regular Session;
Section 2, Engrossed Second Substitute Senate Bill No. 5468, the remainder of which has been designated Chapter 302, Laws of 1994 Regular Session;
Section 2, page 2, lines 6 through 9; Section 2(2); Section 5, page 4, lines 8 through 10; Section 5(4); Section 6, page 4, line 37 and page 5, lines 1 and 2, Section 7, page 5, lines 18 and 19; Section 7(1), 7(2), 7(3); Section 25; Section 29(2); Section 34; and Section 45; Engrossed Substitute Senate Bill No. 6084, the remainder of which has been designated Chapter 303, Laws of 1994 Regular Session;
Section 2, Senate Bill No. 6220, the remainder of which has been designated Chapter 306, Laws of 1994 Regular Session;
Sections 122(10); 122(12); 123; 132(3); 135(9); 145(15); 204(4)(h); 228(19); 303(8)(b); 305, page 87, lines 3 and 4; 305(1); 311, page 92, line 31; 311(5); 603, page 127, lines 17 and 18; and 610(5)(a), Engrossed Substitute Senate Bill No. 6244, the remainder of which has been designated Chapter 6, Laws of 1994, First Special Session.
IN TESTIMONY WHEREOF, I have hereunto set my hand,
and affixed the Seal of the state of Washington at Olympia,
this ninth day of January, 1995.
(Seal) RALPH MUNRO
Secretary of State
PARTIALLY VETOED BILLS
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468
April 2, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 2, Engrossed Second Substitute Senate Bill No. 5468 entitled:
"AN ACT Relating to private business entities receiving public assistance;"
This legislation would direct the Department of Revenue and the Department of Community, Trade and Economic Development to prepare a study of firms that have participated in state sales tax deferral, business and occupation tax credit, and development loan fund programs. The departments would be required to collect information to measure the effect of these tax provisions and loans on businesses. The departments would also be directed to measure whether the firms participating in the programs have followed a wide range of federal and state requirements under other statutes and have met other standards of conduct not required under current law. Firms applying for participation in these programs would be required to prepare employment impact estimates for the departments.
I understand and agree with the premise that the state has an interest in determining whether its economic development programs are achieving their intended effect. I also agree that the goal of state economic development activities is to encourage a sustainable high wage, high skill economy in the state for all of the state's citizens.
I continue to believe that the state should maintain high environmental, health and safety, and employment standards implemented in a way that minimize bureaucracy, duplication, and confusion for the state's businesses. High standards should be enacted in the laws that govern these subjects. However, if compliance with existing standards in these areas is to be examined by the study, the Department of Revenue and the Department of Community, Trade and Economic Development are not the proper agencies to conduct the study.
I am also concerned that the private business information to be collected from businesses under this legislation would be subject to public disclosure. Because we believe that public business should take place in the open, our state has one of the strongest public disclosure statutes in the nation. The only way for publicly collected information to remain confidential is to amend our public disclosure statutes to specifically exempt such information from disclosure requirements. Despite the effort in the legislation to ensure that information collected from individual firms will remain confidential, I believe that information collected would be subject to disclosure.
As a result of these two concerns, I am vetoing section 2 of Engrossed Second Substitute Senate Bill No. 5468. However, I also believe that it is in the state's long-term interest to promote a sustainable high wage, high skill economy and to maintain high environmental, health and safety, and employment standards. As a result, I am asking the directors of state agencies with responsibility for environmental protection, employment, economic development, and workplace health and safety to identify threshold criteria that the state should consider applying in the future as eligibility criteria for state assistance programs. If businesses are willful repeat violators of existing statutes in these areas, these businesses should be removed from the benefits of the state's economic development programs. I am also directing these agencies to involve interested parties in the process of identifying such criteria. I will examine the results of these actions and consider requesting changes in state law and regulations to implement them.
With the exception of section 2, Engrossed Second Substitute Senate Bill No. 5468 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6006
March 21, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to Section 3, Substitute Senate Bill No. 6006 entitled:
"AN ACT Relating to the judicial information system;"
This bill amends current law relating to the judicial information system and allows the Supreme Court to increase by rule fines, penalties and assessments for deposit into the judicial information system account. Funds from these increases will be dedicated to upgrading the computer information network utilized by the courts.
Section 3 of this bill is an emergency clause. Immediate implementation as provided by this section would not provide sufficient time for all jurisdictions to effect changes necessary to fully implement this legislation. For this reason, I have vetoed section 3.
With the exception of section 3, Substitute Senate Bill No. 6006 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6047
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 35, Substitute Senate Bill No. 6047 entitled:
"AN ACT relating to crimes involving alcohol, drugs, or mental problems;"
Section 35 of Substitute Senate Bill No. 6047 is in conflict with section 19 of the same bill and contradicts the intent of the bill to maintain records for deferred prosecution for ten years.
With the exception of section 35, Substitute Senate Bill No. 6047 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6068
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 11, Engrossed Substitute Senate Bill No. 6068 entitled:
"AN ACT Relating to appeals involving boards within the Environmental Hearings Office;"
This is a thoughtful piece of legislation helping to reduce the time it takes for the Environmental Hearings Office and its constituent boards to resolve environmental disputes consistent with maintaining the quality of the state's environment. It is a part of larger efforts at regulatory reform designed to maintain the state's environmental quality and high standards while simplifying the regulatory and dispute resolution process.
Section 11 directs the Environmental Hearings Office to review and make recommendations as to whether the Pollution Control Hearings Board, the Growth Planning Hearings Boards, the Shorelines Hearings Boards, the Hydraulic Appeals Board, and the Forest Practices Appeals Board should be consolidated into a single board with jurisdiction over land use and environmental decisions.
While I am always interested in efforts to increase governmental efficiency, I do not agree with the provision as drafted. It is not clear why a study to consolidate state environmental boards should be conducted by the office managing some of the functions to be consolidated. Any such review should be undertaken independently if it is to achieve the desired results. It is also not clear to me that consolidation of these boards, of itself, would reduce any backlogs or delays which are a function of workload and resources.
The Regulatory Reform Task Force is currently reviewing the relationship between the State Environmental Policy Act, the Growth Management Act, the Shoreline Management Act, and other statutes. The goal of its efforts is to provide recommendations for ways to integrate land use and environmental review statutes so that they will continue to protect the state's environment and quality of life while simplifying and unifying regulations. I believe that it is better to allow this task force to complete its review and to make recommendations before approving an additional study of this topic.
For these reasons, I have vetoed section 11 of Engrossed Substitute Senate Bill No. 6068.
With the exception of section 11, Engrossed Substitute Senate Bill No. 6068 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6084
April 2, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 2, page 2, lines 6 through 9; 2(2); 5, page 4, lines 8 through 10; 5(4); 6, page 4, line 37, and page 5, lines 1 and 2; 7, page 5, lines 18 and 19; 7(1); 7(2); 7(3); 25; 29(2); 34; and 45 of Engrossed Substitute Senate Bill No. 6084 entitled:
"AN ACT Relating to transportation appropriations;"
My reasons for vetoing these sections are as follows:
Sections 2, page 2, lines 6 through 9; 2(2); 7, page 5, lines 18 and 19; and 7(1), Abolishment of the Traffic Safety Commission and Transfer of Responsibility to the State Patrol
These sections of the supplemental transportation budget would abolish the Traffic Safety Commission as of July 1, 1994 and place the Commission's responsibilities in the State Patrol. I agree with the legislature that a decision should be made whether the effectiveness of state traffic safety activities would be improved by placing these functions in some other agency. I also believe this discussion should be complete and a decision made in the next session. I am vetoing these sections now to provide the opportunity for further consideration of this matter. Also, veto of section 7(1) is necessary to prevent the loss of over $2.5 million in federal funds because Senate Bill No. 6523, referred to in the proviso, was not enacted.
It is my intention that the State Patrol make these Highway Safety Fund appropriations available to the Traffic Safety Commission to perform the Commission's authorized responsibilities in the fiscal year beginning July 1, 1994. This veto also prevents the transfer of a $300,000 Transportation Fund appropriation from the Traffic Safety Commission to the State Patrol but reverses the planned $12,000 reduction from that fund. As the $12,000 was reduced, because it was identified as unnecessary, I am directing the Traffic Safety Commission to place this amount in reserve status.
I am also directing the Traffic Safety Commission and OFM to work with the legislature to identify the alternatives for placement of traffic safety activities and to address any substantive concerns regarding Traffic Safety Commission service delivery approaches and staffing levels. My recommendations on these matters will be presented to the next session of the legislature.
Section 5, page 4, lines 8 through 10, Reductions in Field Operations Bureau and the Elimination of the Safety Education Officer Program
This veto restores approximately $2 million in State Patrol Highway Account funding that contains several budget actions including the elimination of the patrol's Safety Education Officer program (SEO), commonly known as Trooper Bob. The SEO program staff provides training and education to the state's school age population regarding pedestrian, bicycle and highway safety, drug and alcohol prevention, and youth violence prevention. Last year Trooper Bobs contacted approximately 380,000 students. They are an important element in the state's effort to prevent the problems that plague our schools and our communities.
I concur with the other priorities assumed in this appropriation including savings identified by reducing the number of vehicle replacements, selected staffing reductions, and increasing expenditures for alcohol breath test equipment. These actions will be accomplished through the allotment process.
Section 5(4), Limitations on Vehicle Assignment
This section states that "Only commissioned officers and commercial vehicle enforcement officers involved directly and primarily in traffic enforcement activities will be assigned vehicles by the Washington State Patrol." This language limits the patrol's ability to provide vehicles required to effectively respond to emergency calls. These assigned vehicles contain specialized equipment such as sirens, radio equipment, emergency lights, and first aid equipment that are essential to reaching emergency scenes in an expeditious manner and to being fully equipped to provide assistance upon arrival.
While these problems illustrate the defects of the proviso as it was enacted, I share the legislature's concern over the assignment of state vehicles. I am directing the Washington State Patrol to complete a thorough review of its policy regarding vehicle assignment, and to present a plan to me and to the legislature by June 30, 1994 detailing how the number of individually assigned vehicles will be significantly decreased from the current level. I fully expect that only those employees who have a clear need connected to the safety of the public will be assigned a state vehicle.
Section 6, page 4, line 37, and page 5, line 1 through 2, Crime Lab Reduction and Fund Shift of Motor Vehicle Funds with State Patrol Highway Account Funds
This section reduces State Patrol Highway Account funding for the Investigative Services Bureau by $749,000. This amount is a combination of a $900,000 reduction in crime lab funding, a net increase of $121,000 in ACCESS funding, and a $30,000 increase in staffing for microanalysis work performed by the crime labs. The cut in the crime labs of $900,000 represents a 23 percent reduction and would result in service cutbacks that would hinder law enforcement and the ability of prosecuting attorneys to investigate and prosecute criminal cases. The severity of this reduction was recognized by the Legislature when it provided a partial restoration through the addition of $200,000 from the Transportation Fund in Section 402 of the operating budget. Even with the partial restoration, the crime lab would be reduced by 18 percent if not for this veto. This would result in approximately 3,750 fewer cases being analyzed with a corresponding impact on the effectiveness of prosecutions.
This veto has the effect of preserving essential crime lab activities.
Section 7(2), State Patrol Management Study
This section allows the Washington State Patrol to spend up to $100,000 for a study of current management programs and staffing of management positions. I agree that a study of management staffing levels is appropriate, but the expenditure of $100,000 for this effort is not necessary. Therefore, I am directing the Washington State Patrol to design a study as described in this section in cooperation with the Office of Financial Management. The results of this study will be presented to the legislature when the study is complete and incorporated into my budget recommendations for the next biennium.
Section 7(3), Forbidding Cadet Classes and Maintaining Field Force Levels through Management Reductions
This section requires the Washington State Patrol to maintain a field force level of 700 troopers and sergeants through reductions in management, and prohibits a cadet class for the remainder of this biennium. While I agree that it is important to maintain the field force level to protect the citizens of the state, this proviso does not accomplish the goal for two reasons. First, there will simply not be enough administrative staff that could reasonably be transferred to the field force sufficient to offset the projected level of field force retirements and attrition. Second, the prohibition of a cadet class eliminates the other avenue of acquiring replacement troopers.
The legislature acknowledges the first problem in Section 7(2) of this bill when it authorizes funds to "conduct a study of current management programs and levels of staffing for management positions within the Washington State Patrol". If is was clear that sufficient administrative staff transfers to the field were available without damaging the agency's operations, a study would be unnecessary.
I believe a more effective approach to maintaining an adequate field force level is to conduct an academy class for existing cadets and, wherever appropriate, to undertake the transfer of administrative staff to the field. I am directing the patrol to take both of these actions as soon as possible.
Section 25, Project Funding Priorities
This section directs the Transportation Commission to reduce or eliminate projects in a specified order should revenues fall below the level assumed in the supplemental transportation budget. This veto removes the language which specified the order of reduction--restoring the responsibility to make these choices to the Transportation Commission. The commission needs flexibility in exercising its responsibility to make project priority selections and to balance highway construction program expenditures with available resources.
Section 29(2), Horse Racing Track Infrastructure
This section specifies that $5 million in the Community Economic Revitalization Board (CERB) fund is dedicated solely for transportation infrastructure related to a new race track once it is approved by the Horse Racing Commission. This proviso sidesteps the CERB policy for selection of projects through competitive application. With this veto, the $5 million appropriation remains for use on CERB approved projects. If and when a race track location is approved by the Horse Racing Commission, the horse racing track project can compete for transportation infrastructure funding along with other projects through the regular CERB process.
Section 34, Charges From Other Agencies
The Motor Vehicle Fund (MVF) appropriation for DOT revolving fund charges is reduced and the section is restructured as separate line items for each of the eight different revolving fund charges. This reduction in the total amount provided means the agency cannot pay the charges for basic custodial and utility services. This veto restores the flexibility of the single line item approach and prevents the reduction in the total amount available. Even though the original appropriation does not provide the full amount needed for all anticipated revolving fund charges, the flexibility provided by the single line item format allows DOT to meet minimum obligations for the Department of General Administration facilities and services costs and for the Office of Minority and Women Business Enterprises expenses.
Section 45, Treasury Loan
This section provides for a treasury loan to the Motor Vehicle Fund should a temporary cash deficiency be projected. This section is not necessary. Treasury loans automatically occur for short term cash deficits for all funds and accounts.
With the exceptions of sections 2, page 2, lines 6 through 9; 2(2); 5, page 4, lines 8 through 10; 5(4); 6, page 4, line 37, and page 5, lines 1 and 2; 7, page 5, lines 18 and 19; 7(1); 7(2); 7(3); 25; 29(2); 34; and 45, Engrossed Substitute Senate Bill No. 6084 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6096
March 28, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 513 (28) and 513 (50), Substitute Senate Bill No. 6096 entitled:
"AN ACT Relating to milk and milk products;"
Section 513 of Substitute Senate Bill No. 6096 repeals 103 separate sections of the RCW. The 103 individual sections of law repealed in section 513 are contained in a single section of the bill for clerical ease. Two of these repealers, sections 513 (28) and 513 (50), would repeal sections of the code which are amended elsewhere in Substitute Senate Bill No. 6096.
Section 207 of the bill amends RCW 15.32.590 and makes substantive changes to the requirements for sampling, testing, weighing, and grading done by licensed dairy technicians by expanding the requirement for these actions from "milk or cream" to "milk and milk products" and specifying that no unfair, fraudulent, or manipulated sample shall be taken or delivered for analysis. This same RCW section is repealed in section 513 (28).
Section 402 of the bill amends RCW 15.36.090 and makes substantive changes to labeling and marking requirements and specifically provides requirements concerning raw milk products and pasteurizing. This same RCW section is repealed in section 513 (50).
Veto of these discreet repealer sections cures the problem of internal inconsistency in Substitute Senate Bill No. 6096 and clarifies the substantive intent of this bill. For these reasons, I have vetoed sections 513 (28) and 513 (50) of Substitute Senate Bill No. 6096.
With the exception of sections 513 (28) and 513 (50), Substitute Senate Bill No. 6096 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SECOND SUBSTITUTE SENATE BILL NO. 6107
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 3, 5, and 6, Second Substitute Senate Bill No. 6107 entitled:
"AN ACT Relating to fees for services for the department of community, trade and economic development;"
Sections 1 through 8 of Second Substitute Senate Bill No. 6107 grant authority to assess fees for services provided by various economic development programs.
Section 3 would require the Office of Financial Management to approve a fee schedule proposed by the Department of Community, Trade and Economic Development. I am concerned that the section would set an inappropriate precedent for the Office of Financial Management's review of fees. Currently OFM approves certain internal revolving fund rates because of the effect these charges have on other state agency budgets. It does not approve specific fee schedules for the various fees assessed by other agencies. The section would establish an unnecessary oversight role for OFM.
Section 5 would grant authority to the Clean Washington Center to assess fees for services rendered. It prohibits fees to be assessed to any person who pays assessments imposed under chapter 82.18 or 82.19 RCW. I am concerned that the language is written so broadly that it would apply to nearly every citizen of the state who purchases a product upon which these taxes are levied. In effect, the Clean Washington Center would be denied the ability to assess fees. In the process of setting fees by rule, the department shall take into account any assessments paid by a firm participating in the program.
Section 6 of the bill creates a Clean Washington Center fee account in the state treasury. I believe that it is more appropriate for the department to maintain these funds in a subaccount as they have authority to do under current law. For this reason, I am vetoing this section.
With the exception of sections 3, 5, and 6, Second Substitute Senate Bill No. 6107 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6125
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 15, 16, 17, 18, 19, 20, and 21, Engrossed Substitute Senate Bill No. 6125 entitled:
"AN ACT Relating to the creation of a combined recreational fish and hunting license document;"
Engrossed Substitute Senate Bill No. 6125 creates a sports recreational license that combines recreational fishing and hunting licenses and consolidates license categories into one document. These changes will provide more efficient service and will be less confusing to the public.
However, sections 15, 16, 17, 18, 19, 20, and 21 of Engrossed Substitute Senate Bill No. 6125 would direct the Department of Fish and Wildlife to create an expanded warm-water fisheries enhancement program financed by a new $5.00 (five dollar) fee to be imposed on those who fish for most species of warm-water fish.
In a time of fiscal constraint, I do not think it is wise to increase the cost of fishing licenses. Beyond that, in a time of problems emerging from endangered-species findings, from declining cold-water fisheries, from habitat loss, and from a host of other difficulties afflicting our fish and wildlife, I do not believe it is wise to earmark another fee to support only one program in the Department of Fish and Wildlife. The newly merged department already has a great number of special, earmarked funding mechanisms. Until there is a general review of the new department's programs and funding needs, I hesitate to establish yet another fund, and with it a new fisheries program. For these reasons, I am vetoing sections 15, 16, 17, 18, 19, 20, and 21.
With the exception of sections 15, 16, 17, 18, 19, 20, and 21, Engrossed Substitute Senate Bill No. 6125 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SENATE BILL NO. 6220
April 2, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 2, Senate Bill No. 6220 entitled:
"AN ACT Relating to quality awards;"
Senate Bill No. 6220 creates the Quality Award Council to be appointed by the Governor. The council would promote attention to producing quality products and services in the private and public sectors through educational activities and an annual award. The Quality Award Council is modeled on the national Malcolm Baldridge Award and the International Deming Award.
I am very supportive of the ideals expressed in this bill. I have committed my administration to continuously improving the quality of public sector services as evidenced by cabinet level appointments to the Quality Service Network, by the newly merged Department of Fish and Wildlife and Department of Community, Trade and Economic Development with their development of outcome based measures of service, quality and effectiveness, and my participation with the legislature in the Washington Performance Partnership initiative.
Although I strongly support the creation of an award which would recognize excellence in quality, I am concerned about the vehicle used to establish the award. Senate Bill No. 6220 creates a council in statute at a time when I have been working with the legislature to minimize statutory boards and commissions. Moreover, the awkward organizational structure created by this bill seems an unnecessary and complicated means toward an otherwise laudable goal.
Nonetheless, with the exception of section 2 which would provide for an immediate implementation of this bill, I am signing Senate Bill No. 6220 because I am comfortable that the Quality Award Council and the quality achievement award program can be structurally tailored to meet the objectives of recognizing quality and improving competitiveness. I have directed my staff to work with the Quality Service Network, the legislature, and other interested parties to improve the award process contained in this bill and to minimize impacts on state government while maintaining visibility for quality production and service delivery in both the public and private sectors.
With the exception of section 2, Senate Bill No. 6220 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6244
April 6, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 122(10); 122(12); 123; 132(3); 135(9); 145(15); 204(4)(h); 228(19); 303(8)(b); 305, page 87, lines 3 and 4; 305(1); 311, page 92, line 31; 311(5); 603, page 127, lines 17 and 18; and 610(5)(a), Engrossed Substitute Senate Bill No. 6244 entitled:
"AN ACT Relating to fiscal matters;"
My reasons for vetoing these sections are as follows:
Section 122(10), pages 18 and 19, Long-Term Care Ombudsman Program (Department of Community Development)
Section 122(10) provides additional resources for a long-term care ombudsman in Kitsap County; requires a minimum of $10,000 be allocated to each of the 14 long-term care regions; limits the amount of the appropriation that can be spent on administration; and prohibits any reductions in existing contracts. It further requires the Department of Community Development to report to the fiscal committees of the legislature on the allocation of funding for Long-Term Care Ombudsman (LTCO) services, including recommendations for changes in the distribution of funding.
I am concerned that the limitations on administrative expenditures would reduce direct support for the regions currently provided by the LTCO central office. The central office would likely have to adopt a fee-for-service approach to pay for those services to the regions. Simply accounting for these transactions would drain resources from direct services in the regional and central offices. In addition, the cap on administrative expenditures by the central office would not provide sufficient funding for federally mandated programs.
For these reasons, I have vetoed this proviso. I am directing the new Department of Community, Trade and Economic Development to ensure that residents of long-term care facilities in Kitsap County have improved access to the ombudsman program using the additional funding provided for that purpose. I am also directing the department, in cooperation with the LTCO program and other interested parties, to prepare a comprehensive evaluation of the program for presentation to the fiscal and human services committees of the legislature in the 1995 session. The evaluation will include a specific analysis of the funding allocation method used by the program, including possible ways to increase the proportion of funding available to the regional offices consistent with existing law.
Section 122(12), page 19, State Environmental Policy Act/Growth Management Act Integration Grants (Department of Community Development)
The proviso arbitrarily requires a minimum of three grants of not less than $300,000 each. The language appears to be intended to ensure that grants made by the Department of Community Development for this purpose be of sufficient scale to achieve meaningful results. I am concerned that the specific dollar amounts are overly restrictive and would unnecessarily limit the prudent management of the funding provided by the legislature. Because the new Department of Community, Trade and Economic Development will seek participation in these projects from private and local sources, the state commitment necessary for any one project could be less than the minimum amount provided in the language. The department should not be limited to a requirement to spend at least $300,000 for each project if it can effectively satisfy project objectives for less.
In keeping with the intent of the language, I have directed the department to support at least three large scale integration projects of at least $300,000 total cost per project including private and local contributions. I have also directed the department to limit its budget for technical assistance to the amount stated in the proviso and to report to the legislature in December of 1994.
Section 123, page 20, Fire Protection Policy Board (Department of Community Development)
Section 123 would reduce the Department of Community Development's appropriation from the Oil Spill Administration Account by $130,000. The magnitude of this budget reduction, which represents 39 percent of the department's funding for oil spill training, would significantly impair oil spill training programs in this state. Therefore, I am vetoing this proviso and directing the new Department of Community, Trade and Economic Development to place $61,000 of the Oil Spill Administration Account into reserve to restore the funding to the level recommended in my supplemental budget proposal.
Section 132(3), page 25, Engrossed Second Substitute Senate Bill No. 5468 (Department of Revenue)
Section 132(3) allocates funds for a Department of Revenue study of firms that have participated in sales tax deferral, business and occupation tax credit, and development loan fund programs. The department would be required to collect information to measure the effect of these programs and to assess whether participants have followed a wide range of federal and state requirements. This study was also mandated by Engrossed Second Substitute Senate Bill No. 5468.
Engrossed Second Substitute Senate Bill No. 5468 would have required the department to examine the compliance of businesses with environmental, health and safety, and employment standards. If compliance with existing standards in these areas is to be reviewed, the Department of Revenue is not the proper agency to conduct the study. I am also concerned that this provision does not ensure adequate protection against disclosure of proprietary business information.
I am vetoing section 132(3) of the supplemental operating budget to be consistent with my veto of section 2 of Engrossed Second Substitute Senate Bill No. 5468. The Department of Revenue is directed to place the funding in reserve status.
I have also asked directors of state agencies with responsibility for environmental protection, employment, economic development, and workplace health and safety, to coordinate in identifying eligibility criteria that the state might establish for participation in assistance programs.
Section 135(9), page 27, State-wide Collocation Efforts (Department of General Administration)
I have vetoed this proviso in order to enable the Department of General Administration to test the findings of collocation and consolidation studies with $75,000 of the new appropriation contained in the capital budget for further collocation effort. The $171,000 of appropriation from the General Administration Facilities and Services Revolving Fund will be placed in reserve and may be allotted to support collocation costs in excess of $75,000 upon presentation of adequate justification as defined by the Office of Financial Management.
Section 145(15), page 34, Associate Development Organizations (Department of Trade and Economic Development)
While I am supportive of the intent of the language in this section to provide continuing support for Associate Development Organizations (ADOs) in distressed and rural areas of the state, I am concerned that the proviso limits the new Department of Community, Trade and Economic Development's flexibility to manage these funds most effectively. In keeping with the spirit of the proviso, I have directed the department to provide full funding to those counties in timber and distressed areas that are most in need and to provide funds to rural and distressed counties that would otherwise be excluded from funding under this language.
Section 204(4)(h), pages 49 and 50, Community Residential Services Efficiencies (Developmental Disabilities, Department of Social and Health Services)
This proviso directs the Department of Social and Health Services to develop and implement a plan for increasing the efficiency of the community residential services programs within the Division of Developmental Disabilities. The plan must specifically address strategies and timelines for (1) increasing the number of individuals not currently receiving state-funded residential services during 1995-97 by at least 220 adults, and (2) reducing the General-Fund state costs of providing these residential services in 1995-97 by at least $2.9 million.
While I am generally supportive of the intent of this language, which is to reduce the average daily cost of residential services, the specific targets are overly prescriptive, particularly as they relate to the next biennium. I am vetoing the proviso, but I am directing the division to complete its currently planned evaluation of all residential services, including those in the community, the residential habilitation centers, and the state operated living alternatives in time for the 1995 legislative session. This plan will also address potential costs savings related to residential reconfiguration and methods of providing services to those currently unserved.
Section 228(19), page 79, Unemployment Insurance Compensation (Employment Security Department)
Section 228(19) directs the Employment Security Department to use $80,000 of the Unemployment Compensation Administration Fund to study computer technology that could be used to improve various compensation procedures, as specified in Engrossed Senate Bill No. 6480. Since that bill was not approved by the legislature, I am vetoing this section of the supplemental budget bill.
Section 303(8)(b), page 84, Water Rights Permit Processing (Department of Ecology)
The legislature structured the funding for the Water Rights Permitting program so that 50 percent of the program's Fiscal Year 1995 funding would be eliminated if a water rights permit fee bill was not passed in the 1994 legislative session. It was the legislature's expectation that 50 percent of the funding for the Water Rights Permitting program, including data management, would be supported from water rights permit fees. The failure of the legislature to pass the water rights permit fee bill, Engrossed Second Substitute Senate Bill No. 6291, will mean that a significant portion of the department's water rights permit processing activities will be eliminated. Consequently, the ability of the department to administer a vital resource will be greatly impaired. However, there is much in the water resources program that still needs to be done. Among those activities are the continued implementation of the data management program and instream flow determinations.
In addition, section 303(8)(b) contains a technical error which would reduce the department's General Fund-State appropriation for water rights permit administration activities by $654,000, when only $279,000 in new General Fund-State was provided. For these reasons, I am vetoing this section and directing the department to use the $279,000 of new funding to augment other water resource activities not directly related to the processing of water rights permits.
Section 305, page 87, lines 3 and 4, Oil Spill Administration Account Appropriation (State Parks and Recreation Commission)
The legislative budget reduced the State Parks and Recreation Commission's appropriation from the Oil Spill Administration Account by $16,000. The magnitude of the legislative budget reduction will mean that the training provided to park rangers and educational efforts designed to prevent oil spills by small vessels will be curtailed. Therefore, I am vetoing this appropriation.
Section 305(1), page 87, line 23 through line 26, State Parks Fees (State Parks and Recreation Commission)
Section 305(1), page 87, line 23 through line 26, requires the State Parks and Recreation Commission to implement fees that generate at least $3 million of additional revenue for the 1993-95 Biennium. A veto of this requirement will allow the commission to eliminate the day use parking fees scheduled to begin on May 1, 1994. While I feel that such charges may be necessary at some point in the future, user concerns have convinced me that we need more time to evaluate the impact of these fees on public access to state parks.
Section 804 of this act requires the transfer of $22.3 million from the Trust Land Purchase Account, where park fees are deposited, to the state General Fund. My veto of the language in Section 305 will result in an estimated $2.7 million in loss in revenue to the Trust Land Purchase Account, thus reducing the amount available for transfer to the General Fund. I will ask the legislature to address this issue in the 1995 legislative session.
Section 311, page 92, line 31, and Section 311(5), page 93, Warm Water Fish Enhancement (Department of Wildlife)
I am vetoing section 311, page 92, line 31, to remove the appropriation for the Warm Water Fish Account and section 311(5), which provides funding for the implementation for Engrossed Substitute Senate Bill No. 6125, combined recreational hunting and fishing license and warm water fisheries enhancement. While I support the consolidation of the recreational hunting and fishing license documents, I do not support the implementation of an expanded warm water fisheries enhancement program. Engrossed Substitute Senate Bill No. 6125 imposes a $5 surcharge on all who fish for warm water species. My primary concern is that until a general review of the new Department of Fish and Wildlife's program funding needs occurs, I am opposed to imposing yet another earmarked fund and with it a new fisheries program. I vetoed the sections of Engrossed Substitute Senate Bill No. 6125 dealing with the warm water fisheries enhancement program, and therefore, the program's appropriation and proviso contained in section 311 of the supplemental budget bill are no longer required. However, I am directing the new Department of Fish and Wildlife to expend $53,000 from the Wildlife Fund-State appropriation to implement the recreational licensing component of Engrossed Substitute Senate Bill No. 6125.
Section 603, page 127, lines 17 and 18, Oil Spill Administration Account Appropriation (University of Washington)
The legislative budget reduced the appropriation for the University of Washington's (UW) appropriation from the Oil Spill Administration Account by $136,000. A reduction of this magnitude would eliminate funding for the UW's oil spill education programs in Fiscal Year 1995, hampering the state's efforts to inform operators of small commercial vessels and shoreside facilities about ways to prevent oil spills. Therefore, I am vetoing this appropriation and directing the UW to place $89,000 of the Oil Spill Administration Account into reserve. This restores the funding to the level recommended in my supplemental budget proposal.
Section 610(5)(a), page 134, Financial Aid (State Need Grant) Money for Post Secondary Education Resource Centers (Higher Education Coordinating Board)
I am vetoing the proviso contained in section 610(5)(a) permitting the use of $249,000 of current state need-grant funding to help create post-secondary education resource centers. Under this proviso, the legislature directed that these funds be used as matching funds for an equal amount of federal dollars to create these centers. Last year I worked hard to double the amount of state money available for direct grants to low-income, higher education students. I believe it is inappropriate to reduce the number of financial assistance grants made directly to students who are in need in order to set up an information service for other potential applicants. If the legislature wanted to establish this administrative unit, new money should have been provided. This veto will ensure that the original level of grants to needy students is maintained.
With the exception of sections 122(10); 122(12); 123; 132(3); 135(9); 145(15); 204(4)(h); 228(19); 303(8)(b); 305, page 87, lines 3 and 4; 305(1); 311, page 92, line 31; 311(5); 603, page 127, lines 17 and 18; and 610(5)(a), Engrossed Substitute Senate Bill No. 6244 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SENATE BILL NO. 6285
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 50, Senate Bill No. 6285 entitled:
"AN ACT Relating to the strengthening and reform of the regulation of financial institutions and securities;"
This is excellent legislation designed to simplify the regulation of financial institutions and securities while maintaining effective regulation to safeguard the state's financial markets. It is another effort by the state to reform the regulatory structure to reduce paperwork and unnecessary costs for the state's businesses while continuing to safeguard the public and the solvency of financial institutions.
Section 50 would eliminate an existing requirement for banks to publish statements of condition three times a year in local newspapers. The section is intended to reduce the costs of such publication for commercial banks. Statements of condition are prepared three times a year and are available from state-chartered banks and from the Department of Financial Institutions.
However, the current statute protects the public right to know the status of state-chartered institutions without requiring the public to go to extra lengths to seek such information. As such, it is a worthwhile requirement and should be maintained. Therefore, I am vetoing section 50 of Senate Bill No. 6285.
With the exception of section 50, Senate Bill No. 6285 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6339
April 1, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 10, Engrossed Substitute Senate Bill No. 6339 entitled:
"AN ACT Relating to facilitating growth management planning and decisions, integration with related environmental laws, and improving procedures for clean-up of hazardous waste sites;"
This is very valuable legislation introduced as part of the state's efforts at regulatory reform. It increases the authority of Growth Planning Hearings Boards to use hearings examiners and allows the Department of Ecology to enter into agreed orders with potentially liable parties under the Model Toxics Control Act. It allows local governments to continue to impose impact fees to pay for needed public facilities and requires local governments to adopt time limits for development permitting and to notify applicants for permits. The legislation has the effect of making the regulatory process more flexible for businesses while retaining the state's ability to protect the environment and local decision-making. It also pushes local governments to increase the predictability of local permitting while retaining local flexibility over how to meet these requirements.
Section 10 of the legislation amends RCW 70.105D.020 of the Model Toxics Control Act which is also amended in section 2 of Engrossed Substitute Senate Bill No. 6123. While both sections include identical definitions of the term "agreed order," the amendment in Engrossed Substitute Senate Bill No. 6123 contains additional new language. To avoid a double amendment of this statute, I am vetoing section 10 of Engrossed Substitute Senate Bill No. 6339.
With the exception of section 10, Engrossed Substitute Senate Bill No. 6339 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6561
March 21, 1994
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 1, 3 and 4, Substitute Senate Bill No. 6561 entitled:
"AN ACT Relating to the marketplace program;"
Substitute Senate Bill No. 6561 makes two separate amendments to RCW 43.31.526, section 1 to be effective immediately and section 2 to be effective on July 1, 1994. The purpose of this dual amendment was to make the bill conform with the scheduled merger of the Departments of Fisheries and Wildlife. At the time that Substitute Senate Bill No. 6561 was passed, the merger of these agencies was scheduled to occur on July 1, 1994. With the passage of Senate Bill No. 6346, the merger of these agencies was moved up to March 1, 1994. Therefore, the provisions of section 1 and the related effective dates in sections 3 and 4 are no longer necessary, and for these reasons, I am vetoing sections 1, 3 and 4 of Substitute Senate Bill No. 6561.
With the exception of sections 1, 3 and 4, Substitute Senate Bill No. 6561 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
FURTHER MESSAGE FROM THE SECRETARY OF STATE
The Honorable Joel Pritchard
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Mr. President:
We herewith respectfully transmit for your consideration a copy of Initiative to the Legislature Number 159, originally filed with this office on April 8, 1994. On December 30, 1994, the sponsor of the proposed initiative filed 20,747 petition sheets in support of the measure. We have completed our preliminary canvass of these petition sheets and have determined that they contain 235,993 signatures.
Accordingly, pursuant to the provisions of Article 2, section 1 of the State Constitution, we are provisionally certifying Initiative to the Legislature Number 159 to you at this time. We expect to complete verification of signatures no later than February 13, 1995, and we will provide the Legislature with a final certification as soon as possible thereafter.
IN TESTIMONY WHEREOF, I have set my hand, and
affixed the Seal of the state of Washington at Olympia,
this ninth day of January, 1995.
(Seal) RALPH MUNRO
Secretary of State
INITIATIVE MEASURE NO. 159
AN ACT Relating to increasing penalties for armed crimes; amending RCW 9.94A.310, 9.94A.150, 9A.36.045, 9A.52.020, 9A.56.---, 9A.56.030, 9A.56.040, 9A.56.150, 9A.56.160, 9.41.040, and 10.95.020; reenacting and amending RCW 9.94A.320; adding new sections to chapter 9.94A RCW; adding a new section to chapter 9A.56 RCW; creating new sections; repealing 1994 1st sp.s. c 7 s 510; repealing 1994 1st sp.s. c 7 s 511; repealing 1994 1st sp.s. c 7 s 512; and prescribing penalties.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The people of the state of Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including: Forcing the victim to comply with their demands; injuring or killing anyone who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use of deadly weapons by criminals, and far too often there are no deadly weapon enhancements provided for many felonies, including murder, arson, manslaughter, and child molestation and many other sex offenses including child luring.
(d) Current law also fails to distinguish between gun-carrying criminals and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons by criminals and closing loopholes involving armed criminals, the people intend to:
(a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and use of the deadly weapon not worth the sentence received upon conviction.
(c) Distinguish between the gun predators and criminals carrying other deadly weapons and provide greatly increased penalties for gun predators and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by tracking individual judges and holding them accountable for their sentencing practices in relation to the state's sentencing guidelines for serious crimes.
Sec. 2. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:
FIREARM AND OTHER DEADLY WEAPON ENHANCEMENTS INCREASED.
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.
(b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.
(c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.
(d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after the effective date of this section under (a), (b), and/or (c) of this subsection or subsection (4) (a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.
(e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.
(f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.
(g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.
(4) The following additional times shall be added to the presumptive sentence for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive ((range)) sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) ((24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020))) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.
(b) ((18 months for Burglary 1 (RCW 9A.52.020))) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.
(c) ((12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense)) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.
(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after the effective date of this section under (a), (b), and/or (c) of this subsection or subsection (3) (a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.
(e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.
(f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.
(g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.
(((4))) (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence ((range)) determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(((5))) (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.
Sec. 3. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
PENALTIES INCREASED FOR OTHER CRIMES INVOLVING FIREARMS.
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
Reckless Endangerment 1 (RCW 9A.36.045)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Theft of a Firearm (RCW 9A.56.--- (section 432, chapter 7, Laws of 1994 1st sp. sess., as amended by section 10 of this act))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Possession of a Stolen Firearm (RCW 9A.56.--- (section 13 of this act))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm ((or pistol by felon (RCW 9.41.040))) in the second degree (RCW 9.41.040(1)(b))
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
((Reckless Endangerment 1 (RCW 9A.36.045)))
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
NEW SECTION. Sec. 4. PROSECUTING STANDARDS TIGHTENED FOR ARMED OFFENDERS. Notwithstanding the current placement or listing of crimes in categories or classifications of prosecuting standards for deciding to prosecute under RCW 9.94A.440(2), any and all felony crimes involving any deadly weapon special verdict under RCW 9.94A.125, any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, and any and all felony crimes as defined in RCW 9.94A.310 (3)(f) or (4)(f), or both, which are excluded from the deadly weapon enhancements shall all be treated as crimes against a person and subject to the prosecuting standards for deciding to prosecute under RCW 9.94A.440(2) as crimes against persons.
NEW SECTION. Sec. 5. ALL PLEA AGREEMENTS AND SENTENCES FOR VIOLENT, MOST SERIOUS, AND ARMED OFFENDERS MADE A PUBLIC RECORD. Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves:
(1) Any violent offense as defined in this chapter;
(2) Any most serious offense as defined in this chapter;
(3) Any felony with a deadly weapon special verdict under RCW 9.94A.125;
(4) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or
(5) The felony crimes of possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony.
NEW SECTION. Sec. 6. JUDICIAL RECORDS KEPT FOR SENTENCES OF VIOLENT, MOST SERIOUS, AND ARMED OFFENDERS. (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes kept as public records under section 5 of this act shall contain the clearly printed name and legal signature of the sentencing judge. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons for going either above or below the presumptive sentence range for any and all felony crimes covered as public records under section 5 of this act. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records.
(2) The sentencing guidelines commission shall be sent a completed copy of the judgment and sentence document upon conviction for each felony sentencing under subsection (1) of this section and shall compile a yearly and cumulative judicial record of each sentencing judge in regards to his or her sentencing practices for any and all felony crimes involving:
(a) Any violent offense as defined in this chapter;
(b) Any most serious offense as defined in this chapter;
(c) Any felony with any deadly weapon special verdict under RCW 9.94A.125;
(d) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or
(e) The felony crimes of possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony.
(3) The sentencing guidelines commission shall compare each individual judge's sentencing practices to the standard or presumptive sentence range for any and all felony crimes listed in subsection (2) of this section for the appropriate offense level as defined in RCW 9.94A.320, offender score as defined in RCW 9.94A.360, and any applicable deadly weapon enhancements as defined in RCW 9.94A.310 (3) or (4), or both. These comparative records shall be retained and made available to the public for review in a current, newly created or reworked official published document by the sentencing guidelines commission.
(4) Any and all felony sentences which are either above or below the standard or presumptive sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the presumptive sentence range and shall also indicate if the sentence was in conjunction with an approved alternative sentencing option including a first-time offender waiver, sex offender sentencing alternative, or other prescribed sentencing option.
(5) If any completed judgment and sentence document as defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2) of this section, the sentencing guidelines commission shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the sentencing guidelines commission.
Sec. 7. RCW 9.94A.150 and 1992 c 145 s 8 are each amended to read as follows:
GOOD TIME REMOVED FOR DEADLY WEAPON ENHANCEMENTS. No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender who has been convicted of a felony committed after the effective date of this section that involves any applicable deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, shall not receive any good time credits or earned early release time for that portion of his or her sentence that results from any deadly weapon enhancements. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;
(2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;
(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;
(4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
(5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing ((him)) himself or herself in the community;
(6) The governor may pardon any offender;
(7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and
(8) An offender may leave a correctional facility prior to completion of his sentence if the sentence has been reduced as provided in RCW 9.94A.160.
Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.120(4) as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.120(4).
Sec. 8. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:
RECKLESS ENDANGERMENT IN THE FIRST DEGREE. (1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm as defined in RCW 9.41.010 in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge.
(2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
(3) Reckless endangerment in the first degree is a class ((C)) B felony.
Sec. 9. RCW 9A.52.020 and 1975 1st ex.s. c 260 s 9A.52.020 are each amended to read as follows:
BURGLARY IN THE FIRST DEGREE. (1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a ((dwelling)) building and if, in entering or while in the ((dwelling)) building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person therein.
(2) Burglary in the first degree is a class A felony.
Sec. 10. RCW 9A.56.--- and 1994 1st sp.s. c 7 s 432 are each amended to read as follows:
THEFT OF A FIREARM. (1) A person is guilty of theft of a firearm if ((the person:
(a))) he or she commits a theft of ((a)) any firearm((; or
(b) Possesses, sells, or delivers a stolen firearm)).
(2) This section applies regardless of the ((stolen firearm's)) value of the firearm taken in the theft.
(3) (("Possession, sale, or delivery of a stolen firearm" as used in this section has the same meaning as "possessing stolen property" in RCW 9A.56.140)) Each firearm taken in the theft under this section is a separate offense.
(4) The definition of "theft" and the defense allowed against the prosecution for theft under RCW 9A.56.020 shall apply to the crime of theft of a firearm.
(5) As used in this section, "firearm" means any firearm as defined in RCW 9.41.010.
(6) Theft of a firearm is a class ((C)) B felony.
Sec. 11. RCW 9A.56.030 and 1975 1st ex.s. c 260 s 9A.56.030 are each amended to read as follows:
THEFT IN THE FIRST DEGREE OTHER THAN A FIREARM. (1) A person is guilty of theft in the first degree if he or she commits theft of:
(a) Property or services which exceed(s) one thousand five hundred dollars in value other than a firearm as defined in RCW 9.41.010; or
(b) Property of any value other than a firearm as defined in RCW 9.41.010 taken from the person of another.
(2) Theft in the first degree is a class B felony.
Sec. 12. RCW 9A.56.040 and 1994 1st sp.s. c 7 s 433 are each amended to read as follows:
THEFT IN THE SECOND DEGREE OTHER THAN A FIREARM. (1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value other than a firearm as defined in RCW 9.41.010, but does not exceed one thousand five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of a value less than one thousand five hundred dollars.
(2) Theft in the second degree is a class C felony.
NEW SECTION. Sec. 13. A new section is added to chapter 9A.56 RCW to read as follows:
POSSESSING A STOLEN FIREARM. (1) A person is guilty of possessing a stolen firearm if he or she possesses, carries, delivers, sells, or is in control of a stolen firearm.
(2) This section applies regardless of the stolen firearm's value.
(3) Each stolen firearm possessed under this section is a separate offense.
(4) The definition of "possessing stolen property" and the defense allowed against the prosecution for possessing stolen property under RCW 9A.56.140 shall apply to the crime of possessing a stolen firearm.
(5) As used in this section, "firearm" means any firearm as defined in RCW 9.41.010.
(6) Possessing a stolen firearm is a class B felony.
Sec. 14. RCW 9A.56.150 and 1975 1st ex.s. c 260 s 9A.56.150 are each amended to read as follows:
POSSESSING STOLEN PROPERTY IN THE FIRST DEGREE OTHER THAN A FIREARM. (1) A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds one thousand five hundred dollars in value.
(2) Possessing stolen property in the first degree is a class B felony.
Sec. 15. RCW 9A.56.160 and 1994 1st sp.s. c 7 s 434 are each amended to read as follows:
POSSESSING STOLEN PROPERTY IN THE SECOND DEGREE OTHER THAN A FIREARM. (1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars.
(2) Possessing stolen property in the second degree is a class C felony.
Sec. 16. RCW 9.41.040 and 1994 1st sp.s. c 7 s 402 are each amended to read as follows:
UNLAWFUL POSSESSION OF A FIREARM IN THE FIRST AND SECOND DEGREE--OWNERSHIP, POSSESSION OF FIREARMS PROHIBITED FROM CERTAIN PERSONS. (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm((:
(a))) after having previously been convicted in this state or elsewhere of ((a)) any serious offense((, a domestic violence offense enumerated in RCW 10.99.020(2), a harassment offense enumerated in RCW 9A.46.060, or of a felony in which a firearm was used or displayed)) as defined in this chapter, residential burglary, reckless endangerment in the first degree, any felony violation of the uniform controlled substances act, chapter 69.50 RCW, classified as a class A or class B felony, or with a maximum sentence of at least ten years, or both, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (3) or (4) of this section;
(b) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under (a) of this subsection for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
(i) After having previously been convicted of any remaining felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction not specifically listed as prohibiting firearm possession under (a) of this subsection, any remaining felony in which a firearm was used or displayed and the felony is not specifically listed as prohibiting firearm possession under (a) of this subsection, any domestic violence offense enumerated in RCW 10.99.020(2), or any harassment offense enumerated in RCW 9A.46.060, except as otherwise provided in subsection (3) or (4) of this section;
(((c))) (ii) After having previously been convicted on three occasions within five years of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.--- (section 404, chapter 7, Laws of 1994 1st sp. sess.);
(((e))) (iii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.--- (section 404, chapter 7, Laws of 1994 1st sp. sess.); and/or
(iv) If the person is under eighteen years of age, except as provided in RCW 9.41.--- (section 403, chapter 7, Laws of 1994 1st sp. sess.).
(2)(a) Unlawful possession of a firearm in the first degree is a class ((C)) B felony, punishable under chapter 9A.20 RCW.
(b) Unlawful possession of a firearm in the second degree is a class C felony, punishable under chapter 9A.20 RCW.
(3) As used in this section, a person has been "convicted" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(4) Notwithstanding subsection (1) of this section, a person convicted of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) of this section and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:
(a) Under RCW 9.41.--- (section 404, chapter 7, Laws of 1994 1st sp. sess.); and/or
(b) After five or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360.
(((6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.
(b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.
(c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.))
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.
(6) Nothing in chapter . . ., Laws of 1995 (this act) shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.
(7) Each firearm unlawfully possessed under this section shall be a separate offense.
Sec. 17. RCW 10.95.020 and 1981 c 138 s 2 are each amended to read as follows:
DEATH PENALTY AUTHORIZED FOR DRIVE-BY SHOOTERS, MURDERS FOR GROUP MEMBERSHIP, AND RESIDENTIAL BURGLARS WHO KILL. A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board ((of prison terms and paroles)); or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(((7))) (9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(((8))) (10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(((9))) (11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(((10))) (12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim.
NEW SECTION. Sec. 18. OFFENDER NOTIFICATION AND WARNING. Any and all law enforcement agencies and personnel, criminal justice attorneys, sentencing judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders either written or oral notice, or both, of the sanctions imposed and criminal justice changes regarding armed offenders, including but not limited to the subjects of:
(1) Felony crimes involving any deadly weapon special verdict under RCW 9.94A.125;
(2) Any and all deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, as well as any federal firearm, ammunition, or other deadly weapon enhancements;
(3) Any and all felony crimes requiring the possession, display, or use of any deadly weapon as well as the many increased penalties for these crimes including the creation of theft of a firearm and possessing a stolen firearm;
(4) New prosecuting standards established for filing charges for all crimes involving any deadly weapons;
(5) Removal of good time for any and all deadly weapon enhancements; and
(6) Providing the death penalty for those who commit first degree murder: (a) To join, maintain, or advance membership in an identifiable group; (b) as part of a drive-by shooting; or (c) to avoid prosecution as a persistent offender as defined in RCW 9.94A.030.
NEW SECTION. Sec. 19. REPEALER. The following acts or parts of acts are each repealed:
a. 1994 1st sp.s. c 7 s 510;
b. 1994 1st sp.s. c 7 s 511; and
c. 1994 1st sp.s. c 7 s 512.
NEW SECTION. Sec. 20. CODIFICATION. Sections 4 through 6 of this act are each added to chapter 9.94A RCW.
NEW SECTION. Sec. 21. SHORT TITLE. This act shall be known and cited as the hard time for armed crime act.
NEW SECTION. Sec. 22. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 23. CAPTIONS. Captions as used in this act do not constitute any part of the law.
MOTION
On motion of Senator Spanel, the Messages from the Secretary of State regarding Initiative to the Legislature Number 159 and bills that the Governor vetoed and partially vetoed in the 1994 Session were held on the desk.
MESSAGES FROM THE GOVERNOR
March 14, 1994
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.
Sam Kinville, appointed March 14, 1994, for a term ending September 8, 1998, as a member of the Public Employment Relations Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Government Operations.
March 15, 1994
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.
Gregory J. Ochoa, reappointed March 15, 1994, for a term ending December 5, 1996, as a member of the State Hospital, Eastern Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
March 15, 1994
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.
Don Simmonson, appointed March 15, 1994, for a term ending July 1, 1997, as a member of the Board of Trustees for the State School for the Blind.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Education.
March 16, 1994
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.
Dr. Dennis Dyck, appointed March 16, 1994, for a term ending December 31, 1999, as a member of the State Hospital, Eastern Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
March 16, 1994
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.
John Murphy, reappointed March 16, 1994, for a term ending December 5, 1996, as a member of the State Hospital, Eastern Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
March 18, 1994
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.
Gary Moore, reappointed March 18, 1994, for a term ending December 31, 1996, as a member of the State Investment Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Financial Institutions and Housing.
March 23, 1994
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.
Bruce F. Baker, appointed March 23, 1994, for a term ending September 30, 1998, as a member of the Board of Trustees for Bellevue Community College District No. 8.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
March 23, 1994
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.
Mary Ann Huntington, appointed March 23, 1994, for a term ending December 31, 1995, as a member of the Interagency Committee for Outdoor Recreation.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Ecology and Parks.
March 23, 1993
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.
Karen Keiser, appointed March 23, 1994, for a term ending September 30, 1995, as a member of the Board of Trustees for Highline Community College District No. 9.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
March 23, 1994
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.
Bob Royer, appointed March 23, 1994, for a term ending June 13, 1996, as a member of the Washington Public Power Supply System Executive Board of Directors.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Energy, Telecommunications and Utilities.
April 5, 1994
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.
Mary Swenson, appointed April 5, 1994, for a term ending September 30, 1996, as a member of the Board of Trustees for Western Washington University.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
April 7, 1994
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.
Paul Hirai, reappointed April 7, 1994, for a term ending September 30, 1998, as a member of the Board of Trustees for Big Bend Community College District No. 18.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
April 7, 1994
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.
James D. Horton, appointed April 7, 1994, for a term ending September 30, 1997, as a member of the Board of Trustees for Yakima Valley Community College District No. 16.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
April 7, 1994
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.
Ann Miller, appointed April 7, 1994, for a term ending September 30, 1998, as a member of the Board of Trustees for Yakima Valley Community College District No. 16.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
April 7, 1994
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.
Felix Ramon, appointed April 7, 1994, for a term ending September 30, 1996, as a member of the Board of Trustees for Big Bend Community College District No. 18.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
April 25, 1994
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.
Julia L. Garratt, appointed April 25, 1994, for a term ending April 15, 1999, as a member of the Indeterminate Sentence Review Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Law and Justice.
May 2, 1994
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.
Charles Alexander, appointed December 30, 1993, for a term ending July 26, 1995, as a member of the Personnel Appeals Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Government Operations.
May 4, 1994
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.
Elling B. Halvorson, appointed May 4, 1994, for a term ending September 30, 1996, as a member of the Board of Trustees for Lake Washington Technical College District No. 26.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
May 6, 1994
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.
Shirley A. Smith, reappointed May 6, 1994, for a term ending at the pleasure of the Governor as Director of the Department of Services for the Blind.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
May 10, 1994
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.
Alberta J. Canada, appointed May 10, 1994, for a term ending September 30, 1995, as a member of the Board of Trustees for Tacoma Community College District No. 22.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
May 10, 1994
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.
Donald V. Rhodes, appointed May 10, 1994, for a term ending September 30, 1995, as a member of the Board of Trustees for South Puget Sound Community College District No. 24.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
June 1, 1994
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.
Frederick S. Adair, appointed June 1, 1994, for a term running concurrent with the Governors as Chair of the Energy Facility Site Evaluation Council. Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Energy, Telecommunications and Utilities.
June 8, 1994
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.
Donald H. Brazier, appointed June 8, 1994, for a term ending December 31, 1998, as a member of the Public Disclosure Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Law and Justice.
June 9, 1994
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.
James A. Tupper, Jr., reappointed for a term beginning July 1, 1994, and ending June 30, 2000, as a member of the Pollution Control Shorelines/Hearings Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Ecology and Parks.
June 9, 1994
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.
Art Wang, appointed for a term beginning August 24, 1994, and ending July 26, 1997, as a member of the Personnel Appeals Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Government Operations.
June 14, 1994
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.
Wanda Mosbarger, reappointed for a term beginning July 1, 1994, and ending June 30, 2000, as a member of the Gambling Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Labor, Commerce and Trade.
June 15, 1994
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.
David Schodde, appointed June 15, 1994, for a term ending September 30, 1995, as a member of the Board of Trustees for Green River Community College District No. 10.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
June 16, 1994
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.
Kathryn S. Bail, reappointed June 16, 1994, for a term ending April 15, 1999, as Chair of the Indeterminate Sentence Review Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Law and Justice.
June 17, 1994
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.
Dr. Dean K. Brooks, reappointed June 17, 1994, for a term ending December 5, 1997, as Chair of the State Hospital, Western Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
June 17, 1994
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.
Ruth J. Hagerott, reappointed June 17, 1994, for a term ending December 5, 1997, as a member of the State Hospital, Western Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
June 17, 1994
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.
Fran Lewis, appointed June 17, 1994, for a term ending December 5, 1995, as a member of the State Hospital, Western Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
June 17, 1994
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.
Janda B. Volkmer, appointed June 17, 1994, for a term ending December 5, 1997, as a member of the State Hospital, Western Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
June 23, 1994
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.
Dr. Jess Jamieson, appointed June 23, 1994, for a term ending December 5, 1997, as a member of the State Hospital, Western Washington Advisory Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Health and Long-Term Care.
June 30, 1994
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.
Al Link, appointed June 30, 1994, for a term ending April 30, 1998, as a member of the State Board for Community and Technical Colleges.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
July 13, 1994
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.
Tom Leschine, appointed July 13, 1994, for a term ending December 26, 1997, as a member of the Board of Pilotage Commissioners.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Transportation.
August 2, 1994
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.
Sarah Phillips, appointed August 2, 1994, for a term ending September 30, 1998, as a member of the Board of Trustees for Shoreline Community College District No. 7.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
August 8, 1994
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.
Dianne Campbell, appointed August 8, 1994, for a term ending September 30, 1998, as a member of the Board of Trustees for Cascadia Community College District No. 30.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
August 8, 1994
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.
Gloria Mitchell, appointed August 8, 1994, for a term ending September 30, 1995, as a member of the Board of Trustees for Cascadia Community College District No. 30.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
August 8, 1994
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.
Dennis Stefani, appointed August 8, 1994, for a term ending September 30, 1996, as a member of the Board of Trustees for Cascadia Community College District No. 30.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
August 8, 1994
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.
Roger Yockey, appointed August 8, 1994, for a term ending September 30, 1997, as a member of the Board of Trustees for Cascadia Community College District No. 30.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
August 10, 1994
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.
John P. Sullivan, appointed August 10, 1994, for a term ending June 15, 1997, as a member of the Marine Employees' Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Transportation.
August 22, 1994
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.
Robert J. Margulis, appointed August 22, 1994, for a term ending September 30, 1996, as a member of the Board of Trustees for Bellevue Community College District No. 8.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
August 23, 1994
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.
James S. Hattori, reappointed August 23, 1994, for a term ending August 2, 1999, as Chair of the Lottery Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Labor, Commerce and Trade.
August 24, 1994
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.
Eugene G. "Pat" Patterson, appointed August 24, 1994, for a term ending June 30, 1999, as a member of the Transportation Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Transportation.
August 24, 1994
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.
Richard Thompson, reappointed August 24, 1994, for a term ending June 30, 2000, as a member of the Transportation Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Transportation.
August 29, 1994
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.
Paula T. Crane, appointed August 29, 1994, for a term ending September 25, 1996, as a member of the Clemency and Pardons Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Law and Justice.
September 1, 1994
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.
Cyrus Vance, Jr., appointed September 1, 1994, for a term ending August 2, 1996, as a member of the Sentencing Guidelines Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Law and Justice.
October 1, 1994
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.
Dorothy L. Aiken, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Yakima Valley Community College District No. 16.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Debbie Aldrich, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Skagit Valley Community College District No. 4.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Dr. Carver Gayton, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Seattle, South Seattle and North Seattle Community College District No. 6.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Lynne Glore, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Grays Harbor Community College District No. 2.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Sally Jarvis, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Bellevue Community College District No. 8.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Charles D. Kee, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Edmonds Community College District No. 23.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Ed Mayeda, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for South Puget Sound Community College District No. 24.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
James V. Medzegian, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Renton Technical College District No. 27.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Robert Patterson, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Lake Washington Technical College District No. 26.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Philip E. Sharpe, Jr., reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Whatcom Community College District No. 21.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Barbara Stephenson, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Olympic Community College District No. 3.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 1, 1994
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.
Robert Tjossem, reappointed October 1, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Cascadia Community College District No. 30.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 3, 1994
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.
Frank Armijo, reappointed October 3, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Columbia Basin Community College District No. 19.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 3, 1994
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.
James H. Freeman, reappointed October 3, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Bellingham Technical College District No. 25.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 3, 1994
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.
Charles W. Fromhold, appointed October 3, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Clark Community College District No. 14.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 3, 1994
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.
Virginia Sprenkle, reappointed October 3, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Everett Community College District No. 5.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 3, 1994
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.
Carol Vipperman, reappointed October 3, 1994, for a term ending September 30, 2000, as a member of the Board of Trustees for The Evergreen State College.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 3, 1994
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.
William Wiley, reappointed October 3, 1994, for a term ending September 30, 2000, as a member of the Board of Regents for Washington State University.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 7, 1994
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.
Dr. Ray Tobiason, reappointed October 7, 1994, for a term ending March 26, 1998, as a member of the Higher Education Facilities Authority.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 9, 1994
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.
Judith Butler, appointed October 9, 1994, for a term ending March 26, 1995, as a member of the Higher Education Facilities Authority.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 13, 1994
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.
William S. Williams, appointed October 13, 1994, for a term ending December 26, 1995, as a member of the Board of Pilotage Commissioners.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Transportation.
October 24, 1994
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.
Grace L. Lynch, reappointed October 24, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 25, 1994
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.
Arland Lyons, reappointed October 25, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Centralia Community College District No. 12.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 25, 1994
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.
Dr. Donald S. Schwerin, reappointed October 25, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Walla Walla Community College District No. 20.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 25, 1994
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.
Dennis G. Seinfeld, reappointed October 25, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Tacoma Community College District No. 22.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
October 28, 1994
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.
Craig Cole, appointed October 28, 1994, for a term ending June 17, 1995, as a member of the Human Rights Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Law and Justice.
November 14, 1994
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.
Emmitt Jackson, appointed November 14, 1994, for a term ending September 30, 1995, as a member of the Board of Trustees for Columbia Basin Community College District No. 19.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
November 14, 1994
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.
Alison Sing, appointed November 14, 1994, for a term ending September 30, 1996, as a member of the Board of Trustees for Edmonds Community College District No. 23.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
December 16, 1994
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.
Clyde B. Anderson, reappointed December 16, 1994, for a term ending December 31, 2000, as a member of the Parks and Recreation Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Ecology and Parks.
December 16, 1994
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.
Robert C. Petersen, reappointed December 16, 1994, for a term ending December 31, 2000, as a member of the Parks and Recreation Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Ecology and Parks.
December 19, 1994
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.
Donna DeJarnatt, appointed December 19, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Lower Columbia Community College District No. 13.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
December 19, 1994
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.
William L. Hamilton, appointed December 19, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Clover Park Technical College District No. 29.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
December 19, 1994
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.
Frank R. Sanchez, reappointed December 19, 1994, for a term ending September 30, 2000, as a member of the Board of Trustees for Central Washington University.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
December 19, 1994
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.
Jack G. Skanes, appointed December 19, 1994, for a term ending September 30, 1999, as a member of the Board of Trustees for Bates Technical College District No. 28.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
December 22, 1994
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.
Dr. William R. Gillis, reappointed for a term beginning January 1, 1995, and ending January 1, 2001, as a member of the Utilities and Transportation Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Energy, Telecommunications and Utilities.
December 27, 1994
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.
Robert Helsell, reappointed December 27, 1994, for a term ending September 30, 2000, as a member of the Board of Trustees for Western Washington University.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
December 27, 1994
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.
Grace T. Yuan, reappointed December 27, 1994, for a term ending September 30, 2000, as a member of the Board of Trustees for Western Washington University.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
REPORT OF COMMITTEE
The Senate Committee composed of Senators Cal Anderson, Long, McAuliffe and Oke appeared before the bar of the Senate and reported that the Governor had been notified, under the provisions of Senate Concurrent Resolution No. 8401, that the Legislature is organized and ready to transact business.
The report was received and the committee was discharged.
PERSONAL PRIVILEGE
Senator McDonald: "Mr. President, a point of personal privilege. I think Senator Gaspard did an extremely good job of setting the tone and this is a tone that has been consistent throughout the number of times that we have had to speak before groups around the state. It is time to put the elections behind us; it is time for us to work for the good of the order. I think it is a time, very frankly, in this body that we ought to be working to blur the line that runs down the invisible line--the very real line that runs down the middle of the aisle. I really think over the last number of years that we have gotten into bad habits that way and that there is an opportunity in this coming session to form some coalitions to form the ability to move forward on a number of issues. I think it is not one party or the other, it is both of us. This is the time to do that. I think Senator Gaspard set the right tone; it is one that our caucus definitely wants to work with you to make forward progress for this state and for the people of this state. Thank you, very much."
REPORT OF COMMITTEE
The Senate Committee composed of Senators Heavey, Finkbeiner, Kohl and Wood appeared before the bar of the Senate to report that the House of Representatives had been notified that the Senate is organized and ready to transact business.
The report was received and the committee was discharged.
PERSONAL PRIVILEGE
Senator Heavey: "Thank you, Mr. President, a point of personal privilege. Eight years ago I was sworn into the House and two days prior to that my oldest daughter was born and today is her birthday. Would you please wave to everybody, Shana, upstairs in the gallery?"
MOTION
On motion of Senator Spanel, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Gaspard, the following resolution was adopted:
SENATE RESOLUTION 1995-8602
By Senators Gaspard, Snyder, McDonald, Sellar, Wojahn, Roach, A. Anderson, C. Anderson, Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood
WHEREAS, On Thursday evening, January 5, 1995, four members of the Seattle Fire Department: Lieutenant Walter D. Kilgore, Lieutenant Gregory M. Shoemaker, and Firefighters Randall R. Terlicker and James T. Brown answered their last alarm; and
WHEREAS, Their bravery, devotion to duty, and ultimate sacrifice in protecting public safety, and the lives and property of others typifies the courage, fidelity and selfless service that firefighters, police officers and other public safety workers bring to their jobs every day; and
WHEREAS, Several other members of the Seattle Fire Department were injured in the line of duty while fighting the tragic fire on January 5, 1995; and
WHEREAS, Our words cannot fully express the sorrow, gratitude and pride we hold for these fallen firefighters, their grieving families, and their faithful colleagues in these days of mourning;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honors the lives of Walter D. Kilgore, Gregory M. Shoemaker, Randall R. Terlicker and James T. Brown, and gratefully acknowledges their supreme sacrifice; and
BE IT FURTHER RESOLVED, That the Washington State Senate conveys its deepest sympathy to the families of these firefighters and its sincere condolence to their brothers and sisters of the Seattle Fire Department; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate transmit copies of this resolution to Seattle Fire Chief Claude Harris and Seattle Local 27 I.A.F.F. President John Gillis for presentation to the firefighters' families.
Senators Gaspard and Prentice spoke to Senate Resolution 1995-8602.
COMMITTEE FROM THE HOUSE
A committee from the House of Representatives consisting of Representatives Morris, Lisk, McMorris and Hatfield appeared before the bar of the Senate and notified the Senate that the House is organized and ready to transact business.
The report was received and the committee returned to the House of Representatives.
MOTION
On motion of Senator Spanel, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
January 9, 1995
MR. PRESIDENT:
The House has adopted SENATE CONCURRENT RESOLUTION NO. 8401, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
January 9, 1995
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4401, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
HCR 4401 by Representatives Foreman and Ebersole
Resolving to meet in joint session.
MOTIONS
On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4401 was advanced to second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4401 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
HOUSE CONCURRENT RESOLUTION NO. 4401 was adopted by voice vote.
MOTION
At 2:06 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, January 10, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate