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FIFTEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, January 23, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard, consisting of Pages Wade Handsaker and Michelle Harlow, presented the Colors. Jim Cammack of the Baha'i Assembly of Tumwater, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 19, 1995
SB 5001 Prime Sponsor, Senator Sheldon: Affecting senior citizens' and persons retired because of physical disabilities property taxation. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5001 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Bauer, Drew, Finkbeiner, Gaspard, Hargrove, Johnson, Long, McDonald, Moyer, Snyder, Strannigan, Sutherland, West, Winsley and Wojahn.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5074 Prime Sponsor, Senator Fraser: Changing the limitations on the use of wood stoves. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5087 Prime Sponsor, Senator Fraser: Revising appeals involving environmental and land use boards. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules for second reading.
January 19, 1995
SB 5131 Prime Sponsor, Senator Spanel: Revising account names and accounting procedures of the IAC. Reported by Committee on Ecology and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 5131 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; C. Anderson, Vice Chair; McAuliffe, McDonald, Spanel and Swecker.
Passed to Committee on Rules for second reading.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
January 19, 1995
GA 9013 CRAIG COLE, appointed October 28, 1994, for a term ending June 17, 1995, as a member of the Human Rights Commission.
Reported by Committee on Law and Justice
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin and Schow.
Passed to Committee on Rules.
January 19, 1995
GA 9014 PAULA T. CRANE, appointed August 29, 1994, for a term ending September 25, 1996, as a member of the Clemency and Pardons Board.
Reported by Committee on Law and Justice
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin and Schow.
Passed to Committee on Rules.
January 19, 1995
GA 9088 DR. HELEN DONIGAN, reappointed March 13, 1993, for a term ending June 30, 1998, as a member of the Human Rights Commission.
Reported by Committee on Law and Justice
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Haugen, Johnson, Long, McCaslin and Schow.
Passed to Committee on Rules.
MESSAGE FROM STATE OFFICES
STATE OF WASHINGTON
DEPARTMENT OF REVENUE
P.O. BOX 47450
OLYMPIA, WASHINGTON 98504-7450
January 10, 1995
Honorable Members of the Washington State Legislature
Ladies and Gentlemen:
Enclosed are copies of the Executive Summary and Volume One of The Manufacturing Tax Study. It delineates the impact of state taxes on the manufacturing industry. Last week, an advance copy of this report was distributed to the Chairs of the legislative fiscal committees. I am hereby ensuring that all members have access to this information. Formal printed copies of Volumes One and Two (which contain over 500 pages of supporting data) will be available from the State Printer by the end of January.
The 1994 Study was conducted pursuant to Senate Bill No. 6573 -- enacted during the 1994 Legislative Session. This report includes findings of both the bipartisan Advisory Committee appointed to examine this important tax policy issue, and the Department of Revenue.
It features a comparative analysis of tax burdens on manufacturing firms and concludes that existing taxes in Washington impose a relatively heavy burden for many types of manufacturers. The Study also examined literature regarding factors businesses consider important when making locational decisions. The consensus is that tax differentials can be a significant criterion when most other factors are similar.
Recommendations for expanded tax incentives for the manufacturing industry are contained in the report, in addition to a comprehensive package of exemptions recommended by the Advisory Committee. More limited proposals which I advocate are detailed in the first chapter.
Should you require additional information on the report or legislation as it is considered during the course of this legislative session, please contact me directly at 206/753-5574.
Thank you.
Sincerely,
LEN McCOMB
Director
The Report from the Department of Revenue is on file in the Office of the Secretary of the Senate.
MESSAGE FROM THE HOUSE
January 20, 1995
MR. PRESIDENT:
The Speaker has signed HOUSE CONCURRENT RESOLUTION NO. 4402, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE CONCURRENT RESOLUTION NO. 4402.
INTRODUCTION AND FIRST READING
SB 5376 by Senators Moyer, Franklin, Deccio, Winsley, Oke, Wood, Pelz, Hale, Prince, Quigley, Rasmussen, Bauer and McCaslin
AN ACT Relating to property tax relief for senior citizens and persons retired by reason of physical disability; amending RCW 84.36.383 and 84.36.383; creating a new section; and providing a contingent effective date.
Referred to Committee on Ways and Means.
SB 5377 by Senators Quigley and Fairley (by request of Department of Social and Health Services)
AN ACT Relating to physician referral; and amending RCW 74.09.240.
Referred to Committee on Health and Long-Term Care.
SB 5378 by Senators Haugen, Morton and Winsley (by request of Community, Trade, and Economic Development)
AN ACT Relating to disbursement of funds to border areas; amending RCW 66.08.190, 66.08.195, and 43.63A.190; adding a new section to chapter 66.08 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SB 5379 by Senators Fairley, Hargrove, Long, C. Anderson, McCaslin, Schow, Johnson, Kohl and Winsley
AN ACT Relating to restitution; amending RCW 9.94A.142; and creating a new section.
Referred to Committee on Law and Justice.
SB 5380 by Senator Franklin
AN ACT Relating to licensing legal assistants under the direction and supervision of active members of the Washington state bar association; adding new sections to chapter 43.131 RCW; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.
Referred to Committee on Law and Justice.
SB 5381 by Senators Loveland, Finkbeiner, Deccio, Bauer, Sellar, Snyder, West and Winsley
AN ACT Relating to sales and distribution of magazines by subscription; adding a new section to chapter 82.08 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5382 by Senators Prentice, Hochstatter, C. Anderson, Kohl, Franklin and Spanel
AN ACT Relating to medical rehabilitation services; and amending RCW 43.72.130 and 70.47.060.
Referred to Committee on Health and Long-Term Care.
SB 5383 by Senator Hochstatter
AN ACT Relating to the business and occupation tax on collection agencies; and amending RCW 82.04.260.
Referred to Committee on Ways and Means.
SB 5384 by Senators Quigley, Franklin, C. Anderson and Wojahn (by request of Health Care Authority)
AN ACT Relating to implementation of health care authority responsibilities; amending RCW 41.05.011, 41.05.021, 41.05.022, 41.05.065, 41.04.205, and 43.72.230; repealing RCW 41.05.200 and 41.05.240; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5385 by Senators Quigley, Franklin, C. Anderson and Wojahn (by request of Health Care Authority)
AN ACT Relating to health care authority contracts with school districts; amending RCW 28A.400.350; and adding a new section to chapter 28A.400 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5386 by Senators Quigley, Franklin, C. Anderson and Wojahn (by request of Health Care Authority)
AN ACT Relating to the basic health plan; amending RCW 70.47.060 and 70.47.020; repealing RCW 70.47.065; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5387 by Senators Wojahn, Winsley, Franklin, Haugen, Rasmussen, McCaslin and West
AN ACT Relating to taxation of new and rehabilitated multiple-unit housing in urban centers; and adding a new chapter to Title 84 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5388 by Senators Swecker, Haugen, Oke, Sutherland, Owen, Morton, Hochstatter, Snyder, Winsley and Roach
AN ACT Relating to salmon enhancement projects for public fisheries; amending RCW 75.08.420, 75.08.430, and 75.50.110; and adding new sections to chapter 75.50 RCW.
Referred to Committee on Natural Resources.
SB 5389 by Senators Prentice, Long, Fraser and Wood (by request of Department of Licensing)
AN ACT Relating to the regulation of escrow agents; and amending RCW 18.44.010, 18.44.080, 18.44.145, 18.44.208, 18.44.290, 18.44.380, 43.320.011, 43.320.013, 43.320.050, 43.320.060, 43.320.100, and 43.320.110.
Referred to Committee on Financial Institutions and Housing.
SB 5390 by Senators Fairley, Long, Pelz, Kohl and Quigley
AN ACT Relating to interest on past due child support; and amending RCW 26.23.030.
Referred to Committee on Law and Justice.
SB 5391 by Senators Owen, Prince, Sheldon and Wood
AN ACT Relating to state ferry bonds; and amending RCW 47.60.800.
Referred to Committee on Transportation.
SB 5392 by Senators Owen, Prince and Wood
AN ACT Relating to state highway bonds; and adding new sections to chapter 47.02 RCW.
Referred to Committee on Transportation.
SB 5393 by Senators Owen, Prince and Wood
AN ACT Relating to funding for two high occupancy vehicle lane projects; amending RCW 47.10.819; and declaring an emergency.
Referred to Committee on Transportation.
SB 5394 by Senators Franklin, Moyer, Long, Wood, Pelz, Winsley, Kohl, Fairley, Prince, Sellar, Quigley, Prentice, Bauer, Loveland, Fraser and Newhouse
AN ACT Relating to health insurance; and adding a new section to chapter 41.04 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5395 by Senators Pelz, Fraser and Franklin (by request of Department of Labor and Industries)
AN ACT Relating to industrial insurance benefits; amending RCW 51.32.020, 51.32.040, 51.32.050, 51.32.067, 51.32.080, and 51.32.095; and adding a new section to chapter 51.60 RCW.
Referred to Committee on Labor, Commerce and Trade.
SB 5396 by Senators Pelz, Deccio, Franklin and Palmer (by request of Department of Labor and Industries)
AN ACT Relating to inspections of conveyances; and amending RCW 70.87.120.
Referred to Committee on Labor, Commerce and Trade.
SB 5397 by Senators Franklin and Pelz (by request of Department of Labor and Industries)
AN ACT Relating to asbestos certification; and amending RCW 49.26.013, 49.26.016, 49.26.100, 49.26.110, 49.26.115, 49.26.120, and 49.26.125.
Referred to Committee on Labor, Commerce and Trade.
SB 5398 by Senators Franklin, Pelz and Wojahn (by request of Department of Labor and Industries)
AN ACT Relating to reporting of personal service contracts; and amending RCW 39.29.040.
Referred to Committee on Government Operations.
SB 5399 by Senators Pelz and Franklin (by request of Department of Labor and Industries)
AN ACT Relating to refining industrial insurance actions; and amending RCW 51.12.120, 51.24.030, 51.24.050, 51.24.060, 51.24.090, and 51.52.060.
Referred to Committee on Labor, Commerce and Trade.
SB 5400 by Senators Smith, C. Anderson, Haugen and Winsley (by request of Department of Labor and Industries)
AN ACT Relating to compensation for victims of crimes; and amending RCW 7.68.120, 7.68.125, and 7.68.130.
Referred to Committee on Law and Justice.
SB 5401 by Senators Quigley, Winsley, Moyer and C. Anderson (by request of Department of Labor and Industries)
AN ACT Relating to extending deadlines for studies of medical benefits for injured workers under a consolidated health care system; and amending RCW 43.72.850 and 43.72.860.
Referred to Committee on Health and Long-Term Care.
SB 5402 by Senators Pelz and Franklin (by request of Department of Labor and Industries)
AN ACT Relating to industrial insurance penalties; amending RCW 51.16.200, 51.48.020, 51.48.120, and 51.48.150; adding a new section to chapter 43.22 RCW; and prescribing penalties.
Referred to Committee on Labor, Commerce and Trade.
SB 5403 by Senators Fraser, A. Anderson, Rasmussen, Prince, Spanel, Morton, Loveland, Swecker, Snyder, Palmer, Owen, Quigley and Roach
AN ACT Relating to the Washington state horse park; amending RCW 41.06.070 and 43.19.190; adding a new section to chapter 41.04 RCW; adding a new section to chapter 41.05 RCW; adding a new section to chapter 41.40 RCW; adding a new section to chapter 43.01 RCW; adding a new chapter to Title 67 RCW; and creating a new section.
Referred to Committee on Ecology and Parks.
SB 5404 by Senators Heavey, Deccio, Fraser, Newhouse, Kohl, Hale, Franklin, McCaslin, Palmer and Wojahn
AN ACT Relating to commercial real estate broker's liens; and adding a new chapter to Title 60 RCW.
Referred to Committee on Labor, Commerce and Trade.
SB 5405 by Senators Wood, Bauer, Kohl, Loveland, McAuliffe, Finkbeiner, Morton, Winsley, Franklin, Sellar, Long and C. Anderson
AN ACT Relating to the governing board of the state's higher education institutions; amending RCW 28B.20.100, 28B.30.100, and 28B.35.100; adding a new section to chapter 28B.20 RCW; adding a new section to chapter 28B.30 RCW; and providing an effective date.
Referred to Committee on Higher Education.
SB 5406 by Senators Prentice, Sellar and C. Anderson
AN ACT Relating to continuing market interest rates for consumer credit transactions; repealing RCW 63.14.135; repealing 1992 c 193 s 4 (uncodified); and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 5407 by Senators Winsley, Haugen, Oke and Wojahn
AN ACT Relating to allowing voters to approve ballot propositions protecting a portion of metropolitan park district property taxes from prorationing; amending RCW 84.52.010 and 84.52.043; and adding a new section to chapter 84.52 RCW.
Referred to Committee on Government Operations.
SB 5408 by Senators McAuliffe, Johnson, Quigley and Long (by request of Office of Financial Management)
AN ACT Relating to school bus acquisitions; amending RCW 28A.160.200 and 43.19.637; adding a new section to chapter 28A.160 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Education.
SB 5409 by Senators Owen and Oke
AN ACT Relating to compensation for injured fish and wildlife enforcement officers; and amending RCW 75.08.208.
Referred to Committee on Natural Resources.
SB 5410 by Senators C. Anderson, Rasmussen, Gaspard, Newhouse, Snyder, Bauer, Kohl, Pelz, Fraser, Sellar, Wood and Roach
AN ACT Relating to the Washington park arboretum; and adding a new section to chapter 1.20 RCW.
Referred to Committee on Ecology and Parks.
SB 5411 by Senator Kohl
AN ACT Relating to higher education tuition fees; amending RCW 28B.15.012, 28B.15.066, 28B.15.067, and 28B.15.076; adding new sections to chapter 28B.15 RCW; creating new sections; repealing RCW 28B.15.202, 28B.15.402, and 28B.15.502; providing an effective date; and declaring an emergency.
Referred to Committee on Higher Education.
SB 5412 by Senators Kohl, Prentice, Fairley and Heavey
AN ACT Relating to daycare employees; adding a new chapter to Title 74 RCW; and making an appropriation.
Referred to Committee on Human Services and Corrections.
SB 5413 by Senators Franklin, Heavey, Drew, Pelz, Prentice, Quigley and Kohl
AN ACT Relating to public employees' licenses and certifications; and adding a new section to chapter 43.03 RCW.
Referred to Committee on Law and Justice.
SB 5414 by Senators Winsley, Franklin, Wood, Quigley, Fairley and Roach
AN ACT Relating to temporary employees; and amending RCW 41.05.011.
Referred to Committee on Health and Long-Term Care.
SB 5415 by Senators Kohl, Wood, McAuliffe, Drew, Roach, Prentice, Fairley, Franklin and Bauer
AN ACT Relating to roadside safety rest areas; and adding a new section to chapter 47.38 RCW.
Referred to Committee on Transportation.
SB 5416 by Senators Fraser, Smith, Winsley, Wood, C. Anderson, Kohl and Rasmussen
AN ACT Relating to antiharassment and domestic violence restraining orders; amending RCW 9A.46.080, 10.14.080, 26.50.060, and 40.24.010; adding new sections to chapter 10.14 RCW; adding a new section to chapter 18.165 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5417 by Senators Fraser, Winsley, Wojahn, Oke and Kohl
AN ACT Relating to abandonment of dependent persons; adding a new section to chapter 9A.42 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5418 by Senators Fraser, Wood, Wojahn and Prentice
AN ACT Relating to weights and measures enforcement for scanners; amending RCW 19.94.165 and 19.94.175; adding new sections to chapter 19.94 RCW; and creating a new section.
Referred to Committee on Agriculture and Agricultural Trade and Development.
SB 5419 by Senators Fairley and Quigley (by request of Department of Social and Health Services)
AN ACT Relating to federal financial participation related to health insurer's and children's health care; amending RCW 48.01.180, and 48.41.100, and 26.18.170; adding new sections to chapter 48.01 RCW; and adding a new section to chapter 74.09 RCW.
Referred to Committee on Health and Long-Term Care.
SB 5420 by Senators Deccio, Hargrove, Hochstatter, Prince, Palmer and McCaslin
AN ACT Relating to corporal punishment in common schools; adding a new section to chapter 28A.150 RCW; and repealing RCW 28A.150.300.
Referred to Committee on Education.
SB 5421 by Senator Fraser
AN ACT Relating to background checks; and amending RCW 43.43.830.
Referred to Committee on Human Services and Corrections.
SB 5422 by Senator Fraser
AN ACT Relating to requiring that an individualized education program for deaf, deaf-blind, and hard-of-hearing children fully consider the communication needs of the individual child; adding new sections to chapter 28A.155 RCW; and creating a new section.
Referred to Committee on Education.
SB 5423 by Senator Winsley
AN ACT Relating to sewer and water district sewer and water extension contracts; and amending RCW 56.22.020 and 57.22.020.
Referred to Committee on Government Operations.
SB 5424 by Senators Kohl, Pelz, Fairley and Prentice (by request of Insurance Commissioner Senn)
AN ACT Relating to the use of driving records by insurers; and adding a new section to chapter 48.30 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5425 by Senators Pelz, Fairley, Kohl and Prentice (by request of Insurance Commissioner Senn)
AN ACT Relating to insurer provision of replacement transportation when a claimant's vehicle is totaled; and adding a new section to chapter 48.22 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5426 by Senators Fraser, Pelz, Fairley, Prentice and Kohl (by request of Insurance Commissioner Senn)
AN ACT Relating to criteria to be used when rating senior citizens for private passenger automobile insurance; adding a new section to chapter 48.19 RCW; and providing an effective date.
Referred to Committee on Financial Institutions and Housing.
SB 5427 by Senators Kohl, Pelz, Fairley and Prentice (by request of Insurance Commissioner Senn)
AN ACT Relating to the simplification and improved clarity of property and casualty insurance policies; and adding new sections to chapter 48.18 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5428 by Senators Fraser, Pelz, Fairley, Prentice and Kohl (by request of Insurance Commissioner Senn)
AN ACT Relating to declinations or terminations of automobile insurance applications or policies; and adding a new section to chapter 48.30 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5429 by Senator Haugen (by request of Insurance Commissioner Senn)
AN ACT Relating to authorizing the insurance commissioner to designate a deputy to act on behalf of the commissioner; and amending RCW 70.37.030.
Referred to Committee on Financial Institutions and Housing.
SB 5430 by Senators Prentice and Hale (by request of Insurance Commissioner Senn)
AN ACT Relating to the capital and surplus requirements of insurance companies; amending RCW 48.05.340; and adding new sections to chapter 48.05 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5431 by Senators Prentice and Hale (by request of Insurance Commissioner Senn)
AN ACT Relating to rural health care; and repealing RCW 48.45.005, 48.45.010, 48.45.020, and 48.45.030.
Referred to Committee on Health and Long-Term Care.
SB 5432 by Senators Prentice and Hale (by request of Insurance Commissioner Senn)
AN ACT Relating to unearned premium, loss, and loss expense reserves of insurance companies; and amending RCW 48.12.040, 48.12.090, 48.12.100, 48.12.120, and 48.12.130.
Referred to Committee on Financial Institutions and Housing.
SB 5433 by Senators Prentice, Hale and Fraser (by request of Insurance Commissioner Senn)
AN ACT Relating to prohibited investments by insurers; and amending RCW 48.13.270.
Referred to Committee on Financial Institutions and Housing.
SB 5434 by Senators Prentice, Hale and Fraser (by request of Insurance Commissioner Senn)
AN ACT Relating to the licensing of general agents; and amending RCW 48.05.310.
Referred to Committee on Financial Institutions and Housing.
SB 5435 by Senators Prentice, Hale, Fraser, Franklin, C. Anderson and Kohl (by request of Insurance Commissioner Senn)
AN ACT Relating to preexisting condition limitations in medicare supplement policies or certificates; amending RCW 48.66.020 and 48.66.130; adding a new section to chapter 48.66 RCW; and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 5436 by Senators Prentice, Hale, Fraser, Wojahn, C. Anderson, Kohl, Sheldon, Franklin, Drew, Winsley, Wood, Rasmussen, Loveland, Deccio, Heavey, Snyder, Fairley, Oke and Spanel (by request of Insurance Commissioner Senn)
AN ACT Relating to insurer discrimination against victims of abuse; adding a new section to chapter 48.30 RCW; and adding a new section to chapter 19.86 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5437 by Senator Prentice (by request of Insurance Commissioner Senn)
AN ACT Relating to the disclosure of material transactions of insurance companies, certified health plans, health service contractors, and health maintenance organizations; adding new sections to chapter 48.05 RCW; adding new sections to chapter 48.43 RCW; adding new sections to chapter 48.44 RCW; adding new sections to chapter 48.46 RCW; and adding a new section to chapter 42.17 RCW.
Referred to Committee on Financial Institutions and Housing.
SB 5438 by Senators Fairley, Prentice and C. Anderson (by request of Insurance Commissioner Senn)
AN ACT Relating to the application of the insurer holding company act to certified health plans, health care service contractors, and health maintenance organizations; amending RCW 48.31B.005 and 48.31B.030; and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 5439 by Senators Hargrove, Long, Franklin, Smith, Schow, Owen, Moyer, Oke, Strannigan, Gaspard, Snyder, Heavey, Haugen, Rasmussen, Quigley, Wojahn, Loveland, Bauer, Winsley, Deccio, Spanel, Hale, Hochstatter and Palmer
AN ACT Relating to revising procedures for nonoffender at-risk youth and their families; amending RCW 13.32A.010, 13.32A.030, 13.32A.060, 13.32A.130, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.177, 13.32A.180, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.196, 13.32A.250, 70.96A.095, 74.13.032, 71.34.030, 74.13.034, 82.14.300, 82.14.320, 28A.175.010, 28A.225.010, 28A.225.050, 28A.225.060, 28A.225.070, 28A.225.090, 28A.225.100, 28A.225.110, 28A.225.120, 28A.225.130, and 28A.225.140; adding new sections to chapter 13.32A RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.150 RCW; and making an appropriation.
Referred to Committee on Human Services and Corrections.
SB 5440 by Senators McAuliffe, Pelz, C. Anderson, Smith, Gaspard, Quigley, Fairley, Rasmussen, Bauer and Palmer
AN ACT Relating to students with firearms on school property; and amending RCW 9.41.280.
Referred to Committee on Education.
MOTIONS
On motion of Senator Spanel, the Committee on Law and Justice was relieved of further consideration of Senate Bill No. 5326.
On motion of Senator Spanel, Senate Bill No. 5326 was referred to the Committee on Human Services and Corrections.
MOTIONS
On motion of Senator Spanel, the Committee on Rules was relieved of further consideration of Senate Bill No. 5038.
On motion of Senator Spanel, the rules were suspended, Senate Bill No. 5038 was advanced to second reading and placed on the second reading calendar.
MOTION
At 10:10 a.m., on motion of Senator Spanel, the Senate recessed until 11:10 a.m.
The Senate was called to order at 11:10 a.m. by President Pritchard.
There being no objection, the President declared the Senate to be at ease.
The members of the Senate retired to the House Chamber for the purpose of a joint session.
JOINT SESSION
The Sergeant at Arms announced the arrival of the Senate at the bar of the House.
Speaker Ballard instructed the Sergeants at Arms of the House and Senate to escort the President of the Senate, Lieutenant Governor Joel Pritchard, President Pro Tempore R. Lorraine Wojahn, Vice President Pro Tempore Rosa Franklin, Majority Leader Marcus S. Gaspard, and Minority Leader Dan McDonald to seats on the rostrum.
The Speaker invited the Senators to seats within the House Chamber.
The Speaker presented the gavel to President Pritchard.
APPOINTMENT OF SPECIAL COMMITTEES
The President of the Senate appointed Senators Prentice and Strannigan and Representatives Thomas and Tokuda as a special committee to escort Governor Mike Lowry from the State Reception Room to the House Rostrum.
The President of the Senate appointed Senators Snyder and Palmer and Representatives Sehlin, Hankins, Poulsen and Regala as a special committee to escort the State Elected Officials from the State Reception Room to seats within the House Chamber.
The President of the Senate appointed Senators Hargrove, Pelz, Cantu and Hale and Representatives Casada, Chandler, Mastin and Kessler as a special committee to escort the Supreme Court Justices from the State Reception Room to seats within the House Chamber.
The President of the Senate appointed Senators Loveland and Ann Anderson and Representatives Ballasiotes and Veloria as a special committee to advise Her Honor, the Chief Justice of the Supreme Court, Barbara Durham, that the Joint Session had assembled, and to escort her from the State Reception Room to the House Rostrum.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Mr. Bernard Gagosz, Consul General from Canada, who was seated in the gallery.
The President welcomed Governor Mike Lowry, who was seated on the rostrum.
The President of the Senate welcomed and introduced the State Elected Officials who were in attendance: Ralph Munro, Secretary of State; Dan Grimm, State Treasurer; Christine Gregoire, State Attorney General; Deborah Senn, State Insurance Commissioner; and Brian Sonntag, State Auditor.
The President of the Senate welcomed and introduced the Justices of the Supreme Court who were in attendance: Justice Robert Utter, Justice James M. Dolliver; Justice Charles Z. Smith; Justice Richard Guy; Justice Charles Johnson; Justice Barbara Madson; Justice Gerry Alexander; and Justice Phil Talmadge.
The President of the Senate called the Joint Session to order.
The Clerk of the House called the roll of the House.
The Secretary of the Senate called the roll of the Senate.
INTRODUCTION OF CHIEF JUSTICE DURHAM
Speaker Ballard: "Thank you, Mr. President. Ladies and gentlemen of the House and Senate, Honorable Members of the Supreme Court of Washington, distinguished visitors and friends. It is my high honor and privilege today to introduce to you the new Chief Justice of the State Supreme Court, the Honorable Barbara Durham. As you are all aware, Chief Justice Durham's swearing in this month was noteworthy, not only for the leadership she will bring to our state's judiciary, it was also historic because she is the first woman to serve as Chief Justice of the Washington Supreme Court. You may not know Chief Justice Durham made judicial history before--in 1980, as the first woman appellate judge in state history, and in 1984, as the first woman Chief Judge in the State Appellate Court System.
"Today, Chief Justice Durham is the only sitting member of the State Supreme Court who has served at all four levels of our judiciary. Chief Justice Durham began her judicial career with appointment to the Mercer Island District Court in 1977, and she was elected to the King County Superior Court. In 1980, she was appointed to the State Court of Appeals and since 1985, she has sat on the Supreme Court.
Chief Justice Durham has distinguished herself not only on the bench but throughout her legal career serving in numerous public and private leadership roles.
"It is my pleasure to present to you, the Honorable Barbara Durham, Chief Justice of the Washington State Supreme Court."
STATE OF THE JUDICIARY ADDRESS
BY CHIEF JUSTICE BARBARA DURHAM
Justice Durham: "Thank you very much for inviting me here today. I am honored to stand before you to report on the state of the judiciary. You are about to hear not only where the judiciary has been, but also where we aspire to go. I will describe not only what we have accomplished, but how, by working together as Legislature and Judiciary, we can renew our common commitment to justice. We will also revitalize our state's own judicial branch of government in the process.
"When I reviewed what our judges have accomplished in the past year, I was amazed. We have nearly four hundred judges in our state courts. Last year, they disposed of more than two million cases. That's an average of eight thousand cases every working day. They also sentenced some two hundred seventy-five thousand defendants. What I admire most about these hard working women and men is their dedication to justice. To them, justice is a duty, a responsibility and a public trust.
"Now, let me turn to three pressing issues that you in this Legislature can help us resolve. They are the process by which judges are selected, the optimum size of the Supreme Court, and the way in which the Chief Justice is chosen. First, let's look at the way we select our judges. As we all know, the integrity of the justice system depends upon the quality of its members. Yet, how we choose quality members has become a source of confusion. In a poll conducted last week by telephone, two-thirds of the voters polled said they lacked sufficient information to intelligently choose judicial candidates. The question is how can we increase this information so that the voters know for whom they are voting? Judges themselves aren't able to provide this information. Our state's Code of Judicial Conduct states clearly that judges cannot announce their views on disputed legal and political issues. Some states have recommended that judges be elected on the basis of a complicated merit system. Others suggest that citizens can get information from a judicial voter's pamphlet. I believe that what we need to do is to give this matter careful and thoughtful consideration.
"Therefore, in order to reduce the confusion and improve the selection process, Governor Lowry and I are announcing today the formation of a Judicial Election Reform Commission. This citizens-based commission will work with legislative leaders, judges and others to review all aspects of judicial selection. Their charge will be to hold meetings, take testimony and review methods used in other states. We will request the report and recommendations by the end of next year. I will work closely with Representative Ballard, Senator Gaspard, Governor Lowry, and others to appoint a commission as soon as possible. Just recently, I've heard from Representative Jennifer Dunn and from city of Seattle Mayor Norman Rice --both of whom support the concept of a commission. As Representative Dunn stated, 'Voters want and deserve more information about judicial elections. A review of the alternatives by a thoughtful Judicial Election Commission would provide some much needed perspective.'
"The second issue I wish to bring to your attention is the size of the state's Supreme Court. Presently, we have a court made up of nine members, as do supreme courts in only six other states. However, the majority of states in the country have fewer members. Alaska has five, Oregon has seven and California has seven. Twenty-five years ago in our state, former Senator Wes Ulhman and then Justice Walter McGovern suggested that our Supreme Court could operate more efficiently with just seven members. Just last Thursday, in Seattle, speaking to the University of Washington Law School, Justice Robert Utter, our senior justice, urged that the state of the Supreme Court be reduced from nine to seven judges. I concur in these recommendations. According, I have been working with House and Senate leadership to draft a constitutional amendment to provide for this reduction through normal attrition. If passed by the voters, the next two vacancies to occur on the bench would not be filled. This reduction to seven justices would improve the court's communication, circulation and administration, and eventually save the taxpayers one point two million dollars a biennium. This reduction effort, however, will require serious leadership to place this issue before the public in November and to sponsor the necessary legislation. Both the House and Senate have already demonstrated leadership. Senator Adam Smith and Representative Mike Padden are the prime sponsors and many others have signed on to the bills.
"A third fundamental change in our court structure, which I propose, is the way in which the Chief Justice is chosen. Currently, the role of the Chief Justice is automatically assigned to a member of the court based on a combination of timing, seniority, and matriculation. The American Bar Association has recommended that the Supreme Court members choose the Chief Justices of this country on the basis of legal competence and administrative ability. In 1990, the Washington Commission for Trial Courts, chaired by William Gates, who is present today, and is a former past president of the State Bar Association, recommended a change in the method of selection of the Chief Justice and to change the Constitution accordingly. The Commission stated, 'Changing the way in which the Chief Justice is selected and extending the Chief Justice's term could have far-reaching effects on the overall management of the court system.' In a recent survey of all Washington State judges, seventy percent preferred a method of selecting the Chief Justice other than rotation. In the Court of Appeals and in most of our trial courts, the presiding judges are elected by their peers. Therefore, in addition to the constitutional amendment to reduce the size of the Supreme Court, we are also submitting a proposal to change the manner in which the Chief Justice is selected. You, as Representatives and Senators, can assist us in accomplishing these important pieces of legislation. I understand that the bills were delivered to the Bill Room this morning and are available in each chamber. I would invite each of you to join our renewal effort by signing on as co-sponsor.
"As you all know, as long as there have been courts, there have been both supporters and critics of the judicial system. Shakespeare's Hamlet bemoaned the law's delay. Dickens wrote about the seemingly endless chancery cases. I'm proud to say that our judiciary has already taken many bold and innovative projects to improve the administration of justice in this state. I'd like to take some time to enumerate these projects for you. We are improving our Supreme Court circulation procedures, especially with regard to opinion filings. As Gladstone noted, 'Justice delayed is justice denied.' Justice is truly denied when litigants have to wait years for resolution of their appeal. Two weeks ago in my inaugural remarks, I proposed that the opinions of the Supreme Court should be published within the same year that they are argued. This is in keeping with the United States Supreme Court, which files all its cases heard that year, by the end of the Spring Term. We should be able to do likewise.
"Therefore, we will consider reducing the length of appellate opinions, shortening the time for circulation and consolidating our hearing schedules. We will continue to search for ways to improve the appellate process, as we did recently in expediting more than two hundred DUI cases, saving virtually one year of appellate time. In our effort to make improvements, we consider nothing too sacred to be reviewed, and no alternative unworthy of consideration. Another priority we must tackle is to face the issue of domestic violence. Domestic violence is a pervasive and systemic problem, and it is the number one cause to injury of women in this country. The number of domestic violence petitions filed in our courts in the past five years has increased by more than four hundred percent. No other case type has increased at this level.
"The branches of government must work together to combat and eradicate this devastating scourge. Two weeks ago, I met with Justice Richard Guy--who is also present--the chairperson of the Gender and Justice Commission, to lay a foundation for a Domestic Violence Summit. With the cooperation of our Attorney General Christine Gregoire, the Domestic Violence Summit can provide a forum for the exchange of information, for identifying ways to reinforce services already available, and to adopt an action plan for what needs to be done. Invitations will be sent to participants from all three branches of government, both state and local. We can and must work together to combat family violence.
"And now a third project, during my term as Chief Justice, I intend to launch two major initiatives to improve the access to our justice system. How many of you know which cases in this state command the most attention? Ninety percent of all cases in the courts come from the courts of limited jurisdiction--the district and municipal court. And yet, our survey indicates a growing concern among judges that the services provided by these courts vary widely across the state. Therefore, I propose a comprehensive assessment of the services and operation of the district and municipal courts. Our objective is to inventory these courts to ensure that all citizens in this state have equal access to justice. We'll take a look, for example, at how probation services are monitoring defendant behavior, and thereby ensuring public safety. We'll examine these court's procedures for getting protection orders in domestic violence cases, to make sure that in rural areas, these courts have the ability to readily recommend persons in need of protection.
"Another thing we will do to further citizen access to justice is to televise, for the first time, Supreme Court oral arguments. In conjunction with T.V.W.--a state level C-Span in effect--we will also invite the public into the courtroom. I hope to follow these broadcasts with informal citizen roundtables to explain the appellate process and to answer their questions. Yet another project, in our effort to streamline and reduce expenditures, is our attempt to continue to contain the rise of indigent defense. Our Constitution requires that every person charged with a crime has the right to have an attorney. If a defendant cannot afford an attorney, one is provided at governmental expense. If people are to maintain their respect for the courts and the constitutional right to have an attorney, we must demonstrate that defendants who are able to pay their own way, do so, and that those who can pay only part of the way, will at least contribute. Other states are already doing this.
"We are preparing, for your consideration, legislation to establish cost recovery programs. Every person who has a legitimate right to a public attorney will continue to be represented. We want to be able to show, however, that these persons are, in fact, in need. The Supreme Court is also examining ways to streamline how we do business. One recommendation from the National Center for State Courts is to privatize some of the services. Particularly, in the area of the Court Reporter's Office. The Reporter's Office is responsible for issuing written opinions of the Washington Supreme Court and the Court of Appeals. We've been able to re-organize the Reporter's office, reduce staff, and we hope to be able to publish reports more expeditiously. We will be seeking your approval for a bill to recover the costs of producing these reports. Currently, for example, statute requires that the Supreme Court purchase three hundred copies of each published volume and provide them at no cost to a variety of governmental users. We are proposing legislation that would dramatically reduce that number.
"As you know, the decisions the judge makes are only as good as the evidence and information before the court. Particularly important, for example in DUI cases, the judge needs to know whether the defendant being sentenced has an outstanding warrant or is on a deferred probation prosecution program. This year, we expanded the statewide database to all misdemeanor defendants within our Judicial Information System. Courts and criminal justice agencies across the state, can now access the database and make sure that defendants are being sentenced appropriately. We will soon have nearly ninety percent of all misdemeanant criminal history in this state accessible on the JIS system.
"A project we are also proud of is our new method of recruiting juries. Sometimes our jury system is viewed skeptically. As Robert Frost once noted, 'A jury consists of twelve persons chosen to decide who has the better lawyer.' While this might be true in Los Angeles, we have taken steps in Washington to improve our system. If citizens are to maintain respect for justice, our jury system must reflect the diversity and the faces of our society. Since September, our trial courts have begun drawing jurors from a combined list of registered voters and licensed drivers. This basic change in jury composition came about through authority granted jointly by the Legislature, through statute, and by the Supreme Court, through court rule. The two results of this change are a much larger pool of citizens from which to draw jurors, and a more diverse representation of the community. I am pleased to report on this cooperative effort between the courts, our Secretary of State Ralph Munro, numerous executive branch agencies, local officials, and others that led to this major improvement in our judicial system.
"This past year, our judicial system took a long look in the mirror and did some careful soul searching. Last spring, every judge in this state was invited to participate in a first-ever judicial survey. This rigorous one hundred fifty-questionnaire survey aimed to find out how the judiciary is working, what it is doing well, and what can be improved. A total of sixty-three percent of the state judges all responded. Here are some of their tabulated responses. Ninety-three percent of the judges indicated that the Sentencing Reform Act should be re-evaluated. The same number noted that we face increased demands from pro se litigants--those without attorneys. Ninety-two percent believe that excessive litigation costs diminished the public confidence in our courts. Eighty-two percent felt that our courts could become more efficient by using telephonic motions and video assignments. Already, our judges are taking advantage of computer technology. Starting in March, district and municipal courts will begin issuing computer-generated snapshots of DUI cases. For the first time, judges will have reports to show the person's conviction and dismissal rate, plus the success and failure rates of deferred prosecution treatment programs. This means that judges will be able to match their cases with cases filed in other courts, to see how the sentencing and fining practices compare with others.
"These reports will help all of us better understand how we make decisions, how prosecutors charge, how attorneys defend, and how judges sentence. And yes, this information will be available to you and to the public. I am proud of our district and municipal court judges. They have demonstrated their willingness to be accountable for their decisions in this important area of law. That, in a nutshell, is the state of the judiciary. As we enter this final half decade of this century, I think we can all be proud of the accomplishments and encouraged by the prospect that we are being able to render even greater justice to the citizens of Washington State. I personally look forward to working with all of you to further the cause that have brought us all here to serve.
"In the words of a great American jurist, 'The court's only armor is the cloak of public trust; its sole ammunition, the collective hope of our society.' I look forward to increasing that public trust, and keeping alive in all our citizens, their hope for justice. Thank you."
The President of the Senate instructed the special committee to escort Chief Justice Barbara Durham to the State Reception Room.
The President of the Senate instructed the special committee to escort Governor Mike Lowry to the State Reception Room.
The President of the Senate instructed the special committee to escort the other Supreme Court Justices from the House Chamber.
The President of the Senate instructed the special committee to escort the State Elected Officials from the House Chamber.
MOTION
On motion of Representative Foreman, the Joint Session was dissolved.
The President of the Senate returned the gavel to the Speaker of the House of Representatives.
The Speaker instructed the Sergeants at Arms of the House and Senate to escort the President of the Senate, Lieutenant Governor Joel Pritchard, President Pro Tempore R. Lorraine Wojahn, Vice President Pro Tempore Rosa Franklin, Majority Leader Marcus S. Gaspard and Minority Leader Dan McDonald and members of the Senate from the House Chamber.
The Senate was called to order at 11:54 a.m. by President Pritchard.
MOTION
At 11:54 a.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, January 24, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate