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EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, January 20, 1997
The Senate was called to order at 10:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Prentice and Rasmussen. On motion of Senator Franklin, Senators Prentice and Rasmussen were excused.
The Sergeant at Arms Color Guard, consisting of Pages Amy Cline and Joseph Deccio, presented the Colors. Reverend George Sheldon, pastor of St. Benedict's Episcopal Church of Olympia, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
INTRODUCTION AND FIRST READING
SB 5192 by Senators Kohl, Wood, Haugen, Oke, Spanel, Sheldon and Prentice
AN ACT Relating to interest on retroactive compensation increases to marine employees; and amending RCW 47.64.120.
Referred to Committee on Transportation.
SB 5193 by Senators Prentice, Newhouse, Sellar, Morton, Deccio, Rasmussen, Winsley and Hale (by request of Department of Revenue)
AN ACT Relating to sales and use tax exemptions for farmworker housing; amending RCW 82.08.02745 and 82.12.02685; and declaring an emergency.
Referred to Committee on Agriculture and Environment.
SB 5194 by Senators Long, Haugen and Wood
AN ACT Relating to vehicles that have been rebuilt from salvage; amending RCW 46.32.005, 46.12.040, and 46.12.075; adding a new section to chapter 46.32 RCW; and creating a new section.
Referred to Committee on Transportation.
SB 5195 by Senators Deccio and Newhouse (by request of Department of Revenue)
AN ACT Relating to the taxation of membership sales in discount programs; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5196 by Senators Strannigan, West, Bauer, Heavey, Prentice and Wood
AN ACT Relating to business and occupation taxation; adding a new section to chapter 82.04 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5197 by Senators Kohl, Wood, Winsley, Patterson, Bauer, Goings, Jacobsen and McAuliffe (by request of Higher Education Coordinating Board)
AN ACT Relating to undergraduate fellowships for needy and meritorious students; and adding a new chapter to Title 28B RCW.
Referred to Committee on Higher Education.
SB 5198 by Senators Wood, Kohl, Winsley, Bauer, Hale, Sheldon, Horn and Oke (by request of Higher Education Coordinating Board)
AN ACT Relating to financial aid account flexibility between state work study and state need grant programs; and adding a new section to chapter 28B.85 RCW.
Referred to Committee on Higher Education.
SB 5199 by Senators Wood, Kohl, Winsley, Bauer, Hale, Sheldon, Horn and Oke (by request of Higher Education Coordinating Board)
AN ACT Relating to authorizing the higher education coordinating board to conduct pilot programs in alternative tuition setting for distance education, packaging tuition and fees, and enrollment agreements with other states; and adding new sections to chapter 28B.80 RCW.
Referred to Committee on Higher Education.
SB 5200 by Senators Wood, Kohl, Winsley and Bauer (by request of Higher Education Coordinating Board)
AN ACT Relating to the state educational trust fund; and amending RCW 28B.10.821.
Referred to Committee on Higher Education.
SB 5201 by Senators Roach, Kohl, Long, Fairley, Winsley and McAuliffe (by request of Sentencing Guidelines Commission)
AN ACT Relating to juvenile offender sentencing; amending RCW 13.40.0354, 13.40.0357, 13.40.077, 13.40.160, and 13.40.193; reenacting and amending RCW 13.40.020; adding a new section to chapter 13.40 RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Law and Justice.
SB 5202 by Senators Roach, Fairley, Johnson, Winsley, Benton, Oke and Haugen
AN ACT Relating to child support enforcement; and reenacting and amending RCW 74.20A.056.
Referred to Committee on Law and Justice.
SB 5203 by Senators Roach, Johnson, Hargrove, Zarelli, Benton, Goings, Oke and Long
AN ACT Relating to capital punishment; reenacting and amending RCW 10.95.020; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5204 by Senators Roach, Fairley, Johnson, Winsley, Kohl and Oke
AN ACT Relating to restitution agreements between crime victims and offenders; amending RCW 7.69.030, 9.92.060, 9.94A.110, 9.94A.127, 9.94A.180, 13.40.135, 13.40.150, 13.40.190, and 43.43.754; reenacting and amending RCW 9.94A.030, 9.94A.120, and 13.40.020; and creating a new section.
Referred to Committee on Law and Justice.
SB 5205 by Senators Roach and Johnson
AN ACT Relating to disqualification of district judges; and amending RCW 3.34.110.
Referred to Committee on Law and Justice.
SB 5206 by Senators Wood, Kohl, Bauer, Winsley, Sheldon, Prince, Patterson, Hale and Jacobsen
AN ACT Relating to tuition differential exemptions for medical students; and amending RCW 28B.15.225.
Referred to Committee on Higher Education.
SB 5207 by Senators Swecker, Oke, Stevens, Hargrove, Snyder, Haugen, Morton, Rossi, Roach and Anderson
AN ACT Relating to habitat conservation plans; amending RCW 76.09.340; and declaring an emergency.
Referred to Committee on Natural Resources and Parks.
SB 5208 by Senators Morton, Loveland, Newhouse, Rasmussen, Swecker, Hochstatter and Hale
AN ACT Relating to environmental complaint handling; adding a new section to chapter 70.94 RCW; and adding a new section to chapter 90.48 RCW.
Referred to Committee on Agriculture and Environment.
SB 5209 by Senators Fairley, Roach, Hargrove, Patterson, Goings, Rasmussen, Haugen, Wojahn, Franklin, Winsley and Oke
AN ACT Relating to standards of conduct for adult cabarets and adult theaters; adding new sections to chapter 9.68 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5210 by Senators Swecker, Fraser, Newhouse, Goings, Rasmussen, Snyder, Morton, Hochstatter, Zarelli, Oke and McAuliffe
AN ACT Relating to the taxation of coal-fired thermal electric generating facilities placed in operation before July 1, 1975; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.16 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Agriculture and Environment.
SB 5211 by Senators Newhouse, Wojahn and Schow
AN ACT Relating to including public hospital districts as authorized self-insurers; and amending RCW 51.14.150.
Referred to Committee on Commerce and Labor.
SB 5212 by Senators Swecker, Hale, Zarelli, Johnson, McDonald, McCaslin, Deccio, West, Schow, Horn, Strannigan, Hochstatter, Benton, Sellar, Anderson and Oke
AN ACT Relating to limiting property taxes; amending RCW 84.04.030, 84.40.020, 84.40.030, 84.40.040, 84.40.045, 84.41.041, 84.48.010, 84.48.065, 84.48.075, 84.48.080, 84.12.270, 84.12.280, 84.12.310, 84.12.330, 84.12.350, 84.12.360, 84.16.040, 84.16.050, 84.16.090, 84.16.110, 84.16.120, 84.36.041, 84.52.063, 84.70.010, 84.55.005, 84.55.010, 84.55.020, 35.61.210, 70.44.060, and 84.08.115; adding a new section to chapter 84.04 RCW; adding a new section to chapter 84.40 RCW; and creating new sections.
Referred to Committee on Ways and Means.
SB 5213 by Senators Deccio and Fairley
AN ACT Relating to confidentiality of information provided to the health care policy board and the interagency quality committee; reenacting and amending RCW 42.17.310; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5214 by Senators Sheldon, Snyder, Loveland, Spanel, Jacobsen, Fairley, McAuliffe, Brown, Goings, Heavey, Patterson, Wojahn, Franklin, Thibaudeau, Hargrove, Rasmussen, Haugen, Prentice, Fraser, Swecker, Kohl, Zarelli, Oke, Wood and Hochstatter
AN ACT Relating to property tax relief; amending RCW 84.52.080, 84.56.050, 84.36.383, 84.36.385, 84.36.387, and 84.36.389; adding a new section to chapter 84.52 RCW; adding a new section to chapter 84.55 RCW; creating a new section; repealing RCW 84.55.---; repealing 1997 c . . . s 9 (uncodified); prescribing penalties; providing a contingent effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5215 by Senators Sheldon, McAuliffe, Bauer and Loveland
AN ACT Relating to delivery of beer and wine in original, sealed packages; creating a new section; and providing an expiration date.
Referred to Committee on Commerce and Labor.
SB 5216 by Senators Sheldon, McAuliffe, Loveland, Fairley, Spanel, Thibaudeau and Kohl
AN ACT Relating to adoption; and amending RCW 26.33.343, 26.33.350, and 26.33.380.
Referred to Committee on Human Services and Corrections.
SB 5217 by Senators Bauer, Winsley, Franklin, Long, Fraser, Roach, Loveland, Rasmussen, Goings, Swecker, Kohl, Oke, Patterson and Haugen (by request of Joint Committee on Pension Policy)
AN ACT Relating to death benefits in the volunteer fire fighters' relief and pension system; amending RCW 41.24.160; adding a new section to chapter 41.24 RCW; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5218 by Senators Fraser, Winsley, Long, Bauer, Franklin, Roach and Loveland (by request of Joint Committee on Pension Policy)
AN ACT Relating to restrictions on postretirement employment; amending RCW 41.26.490, 41.32.010, 41.32.480, 41.32.570, 41.32.800, 41.32.860, 41.40.150, 41.40.690, and 41.50.130; reenacting and amending RCW 41.40.010 and 41.40.023; adding new sections to chapter 41.32 RCW; adding a new section to chapter 41.40 RCW; adding a new section to chapter 41.50 RCW; creating new sections; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5219 by Senators Winsley, Long, Fraser, Bauer and Franklin (by request of Joint Committee on Pension Policy)
AN ACT Relating to transferring prior service in the law enforcement officers' and fire fighters' pension system plan I; and adding a new section to chapter 41.26 RCW.
Referred to Committee on Ways and Means.
SB 5220 by Senators Long, Fraser, Winsley, Bauer, Franklin and Patterson (by request of Joint Committee on Pension Policy)
AN ACT Relating to minimum benefits in the Washington state patrol retirement system; adding a new section to chapter 43.43 RCW; decodifying RCW 43.43.275 and 43.43.277; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5221 by Senators Long, Winsley, Fraser, Bauer, Franklin and Patterson (by request of Joint Committee on Pension Policy)
AN ACT Relating to eligibility for survivor benefits; amending RCW 41.32.520 and 41.40.270;
Referred to Committee on Ways and Means.
SB 5222 by Senators Fraser, Winsley, Long, Bauer and Franklin (by request of Joint Committee on Pension Policy)
AN ACT Relating to retirement benefits based on the definition of excess compensation; and amending RCW 41.50.150.
Referred to Committee on Ways and Means.
SB 5223 by Senators Roach, Winsley, Long, Loveland, Bauer, Franklin, Fraser and McAuliffe (by request of Joint Committee on Pension Policy)
AN ACT Relating to the teachers' retirement system plan III contribution rates; and amending RCW 41.32.8401 and 41.45.061.
Referred to Committee on Ways and Means.
SB 5224 by Senators Bauer, Winsley, Franklin, Long, Fraser, Roach and Loveland (by request of Joint Committee on Pension Policy)
AN ACT Relating to receipt of the proportionate share of investment earnings by the pension funding account; amending RCW 43.84.092; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5225 by Senators Franklin, Winsley, Bauer, Long, Fraser and Loveland (by request of Joint Committee on Pension Policy)
AN ACT Relating to retirement credit for leave for legislative service; adding a new section to chapter 43.43 RCW; and adding a new section to chapter 28B.10 RCW.
Referred to Committee on Ways and Means.
SB 5226 by Senators Wood, Loveland, Roach, Sellar, Sheldon, Johnson, Thibaudeau, Winsley, Jacobsen, Anderson, Oke and McAuliffe
AN ACT Relating to taxation of dental appliances, devices, restorations, and substitutes; amending RCW 82.04.120, 82.08.0283, and 82.12.0277; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5227 by Senators Deccio, Franklin, Patterson, Prentice, Benton, Wojahn and Long
AN ACT Relating to nonprofit hospital sales; adding a new chapter to Title 70 RCW; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5228 by Senators Deccio, Franklin, Prentice, Benton, Wojahn and Kohl
AN ACT Relating to prevention of workplace violence in health care settings; adding a new chapter to Title 49 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Health and Long-Term Care.
SB 5229 by Senators Prince, Loveland, Morton, Oke, Stevens, Fraser, Swecker, Rasmussen, Hochstatter, Johnson, Bauer, Horn, Snyder, Winsley, Roach, McDonald and Haugen
AN ACT Relating to the property taxation of assembly halls or meeting places; and amending RCW 84.36.037.
Referred to Committee on Ways and Means.
SB 5230 by Senators Rossi, Haugen, McCaslin, McDonald and Hale
AN ACT Relating to current use taxation provisions; amending RCW 84.33.120, 84.33.140, 84.33.145, and 84.34.108; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5231 by Senators Hochstatter, Finkbeiner, Goings, Long, Haugen, Rasmussen and Brown
AN ACT Relating to sales and use taxes on electrical energy imposed by the state, cities, and towns; amending RCW 82.16.010; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 35.21 RCW; creating a new section; and providing an effective date.
Referred to Committee on Energy and Utilities.
SB 5232 by Senators Wood, Prentice, Deccio, Franklin, Fairley, Thibaudeau, Kohl and McAuliffe
AN ACT Relating to completion of prescriptive authority for advanced registered nurse practitioners; amending RCW 18.79.050, 18.79.240, and 18.79.250; adding a new section to chapter 18.79 RCW; creating new sections; and providing an effective date.
Referred to Committee on Health and Long-Term Care.
SB 5233 by Senators Benton, Bauer, Winsley, Prentice, Schow, Swecker and Zarelli
AN ACT Relating to impact fees for mobile home parks; adding a new section to chapter 82.02 RCW; and adding a new section to chapter 36.70A RCW.
Referred to Committee on Government Operations.
SB 5234 by Senators Benton, Johnson, Finkbeiner, Roach, Schow, Deccio, Morton, Rossi, McDonald, West, Oke and Hale
AN ACT Relating to dedicating revenue to K through 12 education through state lottery revenues; amending RCW 67.70.040, 67.70.190, and 67.70.240; and creating a new section.
Referred to Committee on Ways and Means.
SB 5235 by Senators Benton, Prentice, Roach, Finkbeiner, Winsley, Schow, Long, Horn, Deccio, Swecker, Morton, Rossi, McDonald, Stevens, West and Hale
AN ACT Relating to delegation of authority to county auditors by the director of licensing; and adding a new section to chapter 46.20 RCW.
Referred to Committee on Transportation.
SB 5236 by Senators Benton, Finkbeiner, Stevens, Johnson and Jacobsen
AN ACT Relating to public baccalaureate institutions; and adding a new section to chapter 28B.10 RCW.
Referred to Committee on Higher Education.
SB 5237 by Senators Benton, Finkbeiner, Schow, Horn and West
AN ACT Relating to reporting of blood alcohol levels by health care providers; amending RCW 70.02.020; and adding new sections to chapter 70.02 RCW.
Referred to Committee on Law and Justice.
SB 5238 by Senators Benton, Finkbeiner, Schow and Swecker
AN ACT Relating to the sales tax on highway construction contracts; and adding a new section to chapter 82.32 RCW.
Referred to Committee on Transportation.
SB 5239 by Senators Benton, West and Zarelli
AN ACT Relating to drunk driving; amending RCW 46.61.5055, 46.61.5058, and 46.20.391; adding a new section to chapter 46.61 RCW; adding a new section to chapter 46.12 RCW; adding a new section to chapter 46.16 RCW; prescribing penalties; making an appropriation; providing an effective date; and declaring an emergency.
Referred to Committee on Law and Justice.
SB 5240 by Senators West, Anderson, Hochstatter, Hale, Morton, Oke, Johnson, Benton, McDonald, Schow, Zarelli, Long, Swecker, Haugen, Finkbeiner, Stevens, Bauer and Goings
AN ACT Relating to rule making; and amending RCW 34.05.380.
Referred to Committee on Government Operations.
SB 5241 by Senators West, McCaslin, Haugen, Swecker, Winsley, Morton, Hale, Bauer, Snyder, Goings and Fraser
AN ACT Relating to replacement of a county assessor or county auditor within counties that are not home rule charter counties; amending RCW 36.16.030; adding a new section to chapter 36.21 RCW; and adding a new section to chapter 36.22 RCW.
Referred to Committee on Government Operations.
SB 5242 by Senators Oke, McAuliffe, Snyder, Kohl, Sheldon, Winsley, Fairley, Long, Haugen, McDonald, Deccio, McCaslin, Sellar, Brown, Goings, Jacobsen and Patterson
AN ACT Relating to personal flotation devices; amending RCW 88.12.115; and prescribing penalties.
Referred to Committee on Natural Resources and Parks.
SB 5243 by Senators Oke, Rasmussen, Winsley, Morton, Benton, Prince, Stevens, Horn, Zarelli, Long, Roach, Swecker, Deccio, McCaslin, Hale, Sellar, Johnson, Bauer, McAuliffe and Haugen
AN ACT Relating to exempting disabled veterans from reservation fees for state parks; and amending RCW 43.51.055.
Referred to Committee on Natural Resources and Parks.
SB 5244 by Senators Oke, Fairley, Winsley, Deccio, Prince, Horn, Benton, Swecker, Finkbeiner, Sellar, McDonald and McAuliffe
AN ACT Relating to disabled persons' parking permits; and amending RCW 46.16.381.
Referred to Committee on Law and Justice.
SB 5245 by Senators Oke, Winsley, Sellar, Rasmussen, Anderson and Patterson
AN ACT Relating to school districts; amending RCW 28A.535.020, 28A.535.050, 84.52.053, 84.52.056, and 39.36.020; repealing RCW 28A.530.020; and providing a contingent effective date.
Referred to Committee on Education.
SB 5246 by Senators Oke, Benton, Morton, Winsley, Zarelli, Hochstatter, Swecker, Finkbeiner and Stevens
AN ACT Relating to use of public facilities and resources; adding a new section to chapter 42.23 RCW; adding a new section to chapter 42.52 RCW; and prescribing penalties.
Referred to Committee on Government Operations.
SB 5247 by Senators Oke, Rasmussen, Winsley, Prince, Horn, Zarelli, Benton, Schow, Hochstatter, Stevens, Rossi, Deccio, Hale, Johnson and Fraser
AN ACT Relating to proper lane travel for heavy vehicles; and amending RCW 46.61.100.
Referred to Committee on Transportation.
SB 5248 by Senators Fraser, Winsley, Fairley, Goings, McAuliffe, Oke, Brown, Horn, Kohl, Roach, Thibaudeau, Prentice, Sheldon, Prince, Snyder, Haugen, Spanel, Rasmussen, Franklin, Hargrove, Johnson, Loveland, Deccio, Swecker, Bauer, Hochstatter, McDonald, Sellar, Long, Schow, Patterson, Wojahn and Jacobsen
AN ACT Relating to the women in military service for America memorial; and making an appropriation.
Referred to Committee on Ways and Means.
SB 5249 by Senators Oke, Winsley and Patterson (by request of Governor Lowry)
AN ACT Relating to regulation and control of tobacco products; amending RCW 70.155.010, 70.155.030, 70.155.040, 70.155.050, 70.155.100, 70.155.110, 70.155.130, 82.24.500, and 82.24.550; adding a new section to chapter 70.155 RCW; repealing RCW 70.155.060 and 82.24.270; and prescribing penalties.
Referred to Committee on Commerce and Labor.
SJM 8003 by Senators Zarelli and Rasmussen
Honoring law enforcement officers.
Referred to Committee on Government Operations.
SJR 8207 by Senators Oke, Winsley, Sellar, Rasmussen, Patterson and Haugen
Amending the Constitution to provide for a simple majority of voters voting at a state general election to authorize school district levies.
Referred to Committee on Education.
REMARKS BY SENATOR FRANKLIN
IN OBSERVATION OF MARTIN LUTHER KING DAY
Senator Franklin: "Martin Luther King, Jr. had hoped to be a Baptist preacher in a southern city. Instead, by the age of thirty-nine, he had been awarded the Nobel Peace Prize and had led millions of people in a nonviolent movement that changed our nation forever.
"His eloquent, passionate advocacy of civil and human rights rooted in the techniques of Mahatma Gandhi, brought a new dimension of dignity to people's lives and a new hope for freedom and the community of man. He asked to be remembered as a 'drum major' for peace. Seven areas of his concerns were The Community of Man, Racism, Civil Rights, Justice and Freedom, Faith and Religion, Nonviolence and Peace.
"I will share with you, briefly, from each area. The message these words convey is as inspiring and fundamental to life today as it was in Dr. King's lifetime.
"He said:
"1) The Community of Man - An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of humanity. We must accept finite disappointment, but we must never lose finite hope.
"2) Racism - A doctrine of black supremacy is as evil as a doctrine of white supremacy. There is little hope for us until we become tough minded enough to break loose from the shackles of prejudice, half truths, and downright ignorance.
"3) Civil Rights - I often wonder whether or not education is fulfilling its purpose. A great majority of the so-called education people do not think logically and scientifically. Even the press, the classroom, the platform and the pulpit in many instances do not give us objective and unbiased truths. Education must enable one to sift and weigh evidence, to discern the truth from false, the real from the unreal and the facts from fiction.
"4) Faith and Religion - When I speak of love, I am not speaking of some sentimental and weak response. I am speaking of that force which all of the great religions have seen as the unifying principle of life. Love is somehow the key that unlocks the door which leads to ultimate reality.
"5) Nonviolence - Compassion and nonviolence help us to see the enemy's point of view, to hear his questions, to know his assessment of ourselves. For from his view, we may indeed see the basic weakness of our own condition and if we are mature, we may learn and grow and profit from the wisdom of the brothers who are called the opposition.
"6) Peace - True peace is not merely the absence of tension, it is the presence of justice.
"7) Justice and Freedom - Freedom has always been an expensive thing. History is fit testimony to the fact that freedom is rarely gained without self denial.
"Thank you, Dr. King, for giving all of us a legacy of hope and 'Happy Birthday.'"
MOTION
At 10:11 a.m., on motion of Senator Johnson, the Senate recessed until 10:30 a. m. when all joined in the back of the Chamber to go to the House of Representatives for the purpose of a joint session.
JOINT SESSION
The Sergeant at Arms of the House announced the arrival of the Senate at the bar of the House.
The Speaker asked the Sergeants at Arms of the House and Senate to escort President Pro Tempore Irv Newhouse, Majority Leader Dan McDonald and Minority Leader Sid Snyder to seats on the rostrum.
The Speaker invited the Senators to seats within the House Chamber.
The Speaker passed the gavel to President Pro Tempore Irv Newhouse.
APPOINTMENTS OF SPECIAL COMMITTEES
The President Pro Tempore appointed Representatives Backlund, Sherstad, Cooper and Wood and Senators Goings and Benton to escort the State elected officials from the State Reception Room to the House Chamber.
The President Pro Tempore appointed Representatives Zellinsky, Mulliken, Gombosky and O’Brien and Senators Long, Strannigan, Wojahn and Spanel to escort the Supreme Court Justices to the House Chamber.
The President Pro Tempore appointed Representatives Hickel and Anderson and Senators Johnson and Brown to notify Chief Justice Barbara Durham that the Joint Session had assembled, and to escort her to the House Chamber.
INTRODUCTIONS
The Sergeant at Arms announced that the State elected officials had arrived and the President Pro Tempore requested they be escorted to their seats in the front of the House Chamber. The President Pro Tempore greeted and introduced Secretary of State Ralph Munro, State Treasurer Mike Murphy, State Attorney General Christine Gregoire, Superintendent of Public Instruction Terry Bergeson, State Auditor Brian Sonntag, Commissioner of Public Lands Jennifer Belcher, and Insurance Commissioner Deborah Senn.
The Sergeant at Arms announced that the Justices of the Supreme Court had arrived and the President Pro Tempore requested they be escorted to their seats in the front of the House Chamber. The President Pro Tempore greeted and introduced Associate Chief Justice James M. Dolliver, Justice Charles Z. Smith, Justice Richard P. Guy, Justice Charles W. Johnson, Justice Barbara A. Madsen, Justice Gerry L. Alexander, Justice Philip A. Talmadge and Justice Richard B. Sanders.
The Sergeant at Arms announced that the Honorable Barbara Durham, Chief Justice of the State Supreme Court, had arrived. The President Pro Tempore requested that she be escorted to the rostrum and introduced her to the assembly.
The President Pro Tempore stated the purpose of the Joint Session was to receive a message from Chief Justice Barbara Durham.
STATE OF THE JUDICIARY
Chief Justice Durham: “I feel very honored this morning to be speaking with you on the same day we honor the memory of Dr. Martin Luther King, Jr. During his life, Dr. King spoke eloquently and often about justice. In his famous letter from a Birmingham jail, he wrote, 'Injustice anywhere. . .is a threat to justice everywhere.' Shortly before his tragic death, he suggested to some friends the wording for his own eulogy. He said, in part, 'Yes, if you want to say that I am a drum major, say that I was a drum major for justice.'
“The question before us this morning is, what are we doing to make the justice system better for all our citizens? I am pleased to report that from Bellingham to Vancouver, Aberdeen to Pullman, our courts and our judges have been working hard to make our justice system efficient. Thanks to your support in the Legislature, and the voter’s approval of Senate Joint Resolution No. 8210 two years ago, we have brought stability to judicial leadership. For more than one hundred years, chief justices in our state automatically rotated as chief justice for a single, two-year term. Today, I stand before you as the first chief justice who has been elected by the court to serve a four-year term. My colleague, Justice Jim Dolliver, our court’s most senior member and a former chief justice, has become the court’s first Associate Chief Justice, or second in command. Stabilizing judicial leadership will enable us to operate more efficiently as we sharpen our judicial vision and create our first statewide, long-range plan.
“Three of our justices have been working hard to make the courts more accessible, not only to litigants, but also to citizens, voters, and others who need our help. Justice Charles Z. Smith has served for eight years as Chair of the Washington Minority and Justice Commission. The commission has conducted groundbreaking cultural diversity studies and educational programs to ensure that all people are treated fairly and equally.
“Justice Charles Johnson chairs the Supreme Court Rules Committee, which is working on ways to streamline court procedures to make courts more 'user friendly.' Justice Johnson’s efforts include revising the rule-making process to provide for more public participation.
“Associate Chief Justice Jim Dolliver presides over our court interpreter committee. We are one of the very few state judicial systems that train and certify foreign language interpreters to work in courts with those who speak little or no English.
“Let’s now examine some of our judiciary’s exciting innovations, in the areas of television and technology. In the past, very few people visited our court to observe cases being argued--until recently. Now, friends and utter strangers stop us on the street and tell us what they thought about a case we heard two days ago--or even that morning. That’s the power of television. Our hearings, we understand, were the first gavel-to-gavel, appellate court proceedings televised live, anywhere in the world. This innovative educational tool is a two-way street--TVW takes the court to the people and it brings people to the court.
“In addition to having a presence on television, we are also taking advantage of the technology of the Internet. The Washington Court Home Page has become a popular web site. You can now find current Supreme Court opinions on-line. We also plan to put on-line the court’s past opinions in cooperation with Gonzaga Law School. Besides judicial opinions, our web pages offer a wealth of general and technical information about the courts.
“Another successful project that combined technology and cooperation, was recommended by the Walsh Commission. That was the Judicial Voter’s Pamphlet. Last year the Court directed distribution of the first, statewide judicial voter pamphlet ever published in Washington. Under the leadership of a committee chaired by Justice Gerry Alexander and Justice Phil Talmadge, and the generous cooperation of our state’s daily newspapers, we distributed nearly one and a quarter million pamphlets.
“Citizens received the pamphlets just before the September primary, the time when most judges are elected. Voters received thorough, helpful information about each judicial candidates’ qualifications. By means of this public and private endeavor, we were able to print and deliver the pamphlets for only three-and-one-half-cents a copy. The response we received was overwhelmingly positive. Many voters asked us to produce the pamphlet regularly. We also posted voter information on the Internet. More than twelve hundred individuals accessed our Internet edition.
“Improving the information voters have about judicial candidates was only one of the recommendations of the Walsh Commission. At the core of that report is a recommendation that would change the way judges are selected in our state. I believe that judges--all judges--should be elected---that voters should have the right to cast a ballot about the competence of every judge. There are, of course, many ways to achieve that goal. During the next few years, I anticipate a healthy and vigorous debate on this subject.
“I would like to now turn to our criminal justice system. I am particularly proud of the leadership the judicial branch has demonstrated in dealing with the issue of domestic violence. Domestic violence is a crime that afflicts every community, and every racial, ethnic, and economic group. How large is the problem? In 1994, the courts in our state handled nearly 31,000 petitions for domestic violence and civil-harassment protection orders. That’s about eighty-four cases a day, one every seventeen minutes. In the last legislative session alone, you considered thirty-four different measures, introduced to eliminate the problem of domestic violence. As judicial leaders, we firmly believe that domestic violence must be dealt with in a coordinated comprehensive way.
“Two years ago, Attorney General Christine Gregoire, Justice Richard Guy and I hosted the first domestic violence 'summit.' As a follow up, last month we called a second statewide summit. In that meeting, we continued to build relationships among organizations and to foster cooperation. We also heard encouraging reports from local leaders about their efforts to combat the problem. In the Tri-cities, for example, a summit was hosted by Craig Mattheson, a superior court judge in Benton–Franklin Counties who worked together with the Gender and Justice Commission. The Commission will use the Tri-cities’ mini-summit as a model for other cooperative local events.
“Next July, we will complete a project that you initiated in 1995, authorizing us to create a statewide domestic violence tracking system. With this tracking system in place, chronic spouse abusers may still run, but they won’t be able to hide their past. Arrest and conviction information will be instantly available to police, prosecutors, and judges across the state. We will know whether or not a civil protection order has been issued in any county in the state, no matter what type of proceeding.
“Violent crime is no longer confined to our streets. As you may recall, three women and an unborn child were shot and killed, two years ago, in the hallway outside a busy King County courtroom. I convened an emergency meeting of presiding judges to examine ways our courthouses could be made safer. Yakima County prosecutor, Jeff Sullivan, chaired an advisory group of county commissioners, lawyers, judges, law enforcement officers, and security experts. Together, they developed a set of safety guidelines. These guidelines form a 'blueprint for safety,' and are being adopted in many of our courts and courthouses. The personal well-being of the public is always a high priority.
“As every judge, county commissioner and each of you know, our state’s jail and prison space is severely limited. Space is especially limited for juvenile detention. The professionals in juvenile court realize that they must act early, particularly with young, high-risk offenders. Our state’s Early Intervention Program, which is in place in twelve juvenile courts, allows court officials to reach juvenile offenders early in their probation through the use of intensive monitoring.
“Our courts have worked hard to explore alternatives to incarceration. Today, throughout the state, courts are experimenting with aggressive electronic home-monitoring, weekend schooling, day-reporting-centers, and community-service work crews. Judges have long recognized the connection between crime, delinquency, and the state of health of our families. Judicial and legislative leaders are continuing to work together to help, reconcile troubled youth and their families. Last year, our courts handled more than 9,000 truancy petitions, compared to a statewide total the year before of just ninety-one. Superior court judges helped shape some of last session’s most far-reaching juvenile measures. We will continue to work with you to deal with the challenges of our criminal justice system.
“Let’s now turn to legislative and judicial cooperation. Because our functions sometimes overlap, we took another step last November, aimed at a more effective partnership with the Legislature. We sponsored a leadership workshop to discuss our mutual roles in establishing our state’s laws. Important questions were explored. For example, 'What steps can the Legislature take to ensure that its intent is preserved when constitutional questions are raised?' and, 'How can we better assure that laws are interpreted the way the Legislature intended?' We will continue to explore these and other questions that affect both civil and criminal laws.
“Another challenge we all face is the way we manage our limited resources. Local courts have found new ways, and often new resources, to meet these budget challenges. A good example of how our judicial leaders are finding innovative ways to manage their limited resources is the 'courts helping courts' program. In order to stretch employee resources, staff members from one court visit another to lend help and expertise. And, to hold down expenses, host courts accommodate visitors in their own homes. Judges from the trial courts to the appellate courts are striving to maximize limited resources. The Supreme Court voted unanimously just last week to seek your support for a bill requiring appellate judges, upon leaving the bench, to complete their opinions within sixty days.
“Last month, Judge Faith Ireland, President of the Superior Court Judges’ Association and Judge Robert McBeth, President of the District and Municipal Court Judges’ Association, held four meetings across the state to discuss funding issues. Judges recognize the growing challenges you and county commissioners face in finding ways to keep pace with the rising costs of the criminal justice system. We pledge our cooperation in trying to find new and more efficient ways to allocate scarce dollars.
“Recently, we scrutinized our entire court budget. Under the leadership of Justices Phil Talmadge and Richard Guy, the Supreme Court initiated a zero-based budget process to take a hard look at where our departments could reduce expenses. We used this process to construct our budget proposal for the upcoming biennium. We have also just completed an internal management review, coordinated by Justice Alexander. Our goal was to improve our internal communications and day-to-day operations. We have now reviewed all of our operations and evaluated our core functions. We will ask you to consider legislation to update some of our operations.
“These and others efforts will allow us to hold the line on expenses while keeping the wheels of justice turning. Another example of cooperation, is the state’s improved lawyer discipline system. The bench and the bar have been working together to improve the process by which lawyers are disciplined, and to make the process more responsive to the needs of the public. Based on recommendations made by a joint task force of judges, lawyers, and the public at large, the Washington State Bar Association significantly reorganized its discipline process. The bar underwrites the discipline system at a cost of two-point-three million dollars a year. And lawyers pay for it--no public tax money is involved.
“To do this, the state bar association has increased bar association dues; doubled the staff who review complaints; and created consumer affairs positions to serve the public. The bar may now cooperate with criminal investigations and the public can get more information on past sanctions. Already, we see dramatic improvements in the way complaints are handled. For the first time in years, more cases were closed last year than were opened. Later this month the Court will publish, for comment, these and other recommendations for improving the lawyer discipline system.
“Five individuals in particular have contributed their vision and leadership to this project. I would like to recognize their contributions. They are current bar president Tom Chambers; former chief justice Jim Andersen; former bar president Paul Stritmatter; chair of the board of Governor’s discipline committee, Peter Ehrlichman; and the association’s chief disciplinary counsel, Barrie Althoff.
“Let me share with you two examples of how we are using technology to make our courts more efficient. To make valuable court information more readily available, Judicial Information System terminals can be found in the Office of Support Enforcement, Department of Licensing, and in county prosecutor’s offices. The State Patrol and some local law enforcement offices also have access to our data. Last month a performance audit was conducted on our JIS by the National Center for State Courts in Virginia. Representative Ballard, you will be pleased with the results of the audit. The report states that our JIS staffing levels are among the most efficient in the country. We operate more efficiently, and reliably, and at less cost-per-user than comparable systems in other states, similar systems in Washington State, and even systems in the private sector. Chaired by Justice Phil Talmadge, JIS now handles six-hundred, seventy-five thousand transactions a day. This number will soon reach the million mark.
“And now for something different. Judges are not often perceived as 'warm and fuzzy,' but a unique program which brings judges into the classrooms to explain our legal system has received high marks. This isn’t a new program. When I came to the court twelve years ago, I was concerned that judges were isolated from the public. Having been raised by a mother who was an educator for forty years, this idea was a natural. Co-chaired by Justice Richard Sanders and myself, a group of judges, educators, lawyers and members of the public have developed lesson plans for students from kindergarten through college about our legal system. Judges who volunteer their time are partnered with teachers around the state to visit classrooms. Since the program’s beginning, over one hundred and thirty judges have educated more than 1,300 students.
“Just last week, a committee of judges chose public education as the theme for our annual fall judicial conference. In early September, some three hundred judges will arrive in Yakima. At least one hundred of them will have the opportunity to visit local schools from Zilla to Sunnyside. We even hope to visit one of the most exciting educational facilities in our state, Heritage College. Set on the Yakima Indian Reservation not far from Toppenish, Heritage College is led by Dr. Kathleen Ross, a Roman Catholic nun. Fifty percent of undergraduates at Heritage College are either Native-American or Hispanic-American. Eighty-five percent are the first in their families to attend college.
“Heritage College was established through the mutual efforts of Dr. Ross, Yakima community leaders and the Yakima Indian Nation. It is an unusual and outstanding institution and certainly one that would have pleased Dr. Martin Luther King, Jr. Dr. King closed his Birmingham letter saying, 'We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects us all indirectly.'
“Together let us continue to seek what is fair, what is right, and what is just for the citizens who have placed their trust in us. Thank you.”
The President Pro Tempore of the Senate instructed the special committee to escort Chief Justice Durham from the House Chamber and to the state reception room.
The President Pro Tempore of the Senate instructed the special committee to escort the state elected officials from the House Chamber and to the state reception room.
The President Pro Tempore of the Senate instructed the special committee to escort the Supreme Court Justices from the House Chamber and to the state reception room.
On motion of Representative Lisk, the Joint Session was dissolved.
The President Pro Tempore of the Senate returned the gavel to the Speaker of the House.
The Speaker instructed the Sergeants at Arms of the House and the Senate to escort President Pro Tempore Irv Newhouse, Majority Leader Dan McDonald, and Minority Leader Sid Snyder from the House Chamber.
The Speaker instructed the Sergeants at Arms of the House and Senate to escort the members of the Washington State Senate from the House Chamber.
The Senate was called to order at 11:27 a.m. by President Pro Tempore Newhouse.
MOTION
At 11:27 a..m., on motion of Senator Johnson, the Senate recessed until 3:45 p.m.
The Senate was called to order at 3:47 p.m. by President Pro Tempore Newhouse.
MOTION
On motion of Senator Hochstatter, the following resolution was adopted:
SENATE RESOLUTION 1997-8605
By Senators Hochstatter and McAuliffe
WHEREAS, The Governor and Legislature have designated 1997 as the Year of the Reader to promote the joys and successes of reading at any age; and
WHEREAS, The Legislature recognizes that the ability to read with comprehension and skill is essential for success in school and future life, and that the ability to read is critical to personal, family, and the state's economic prosperity; and
WHEREAS, A year-long state-wide cooperative effort between schools, parents, literacy agencies, libraries, the media, businesses, government, and social and health services will recognize reading efforts and successes; and
WHEREAS, The Secretary of the Senate of the state of Washington shall be designated the "open book" of the Senate, distributing Year of the Reader stickers and other information to visitors; and
WHEREAS, Members of the Senate are encouraged to contribute to the state's effort in their home districts by using the logo and theme throughout the year and by lending their support to reading, literacy, and other educational efforts; and
WHEREAS, Citizens of the state of Washington are encouraged through a state-wide, coordinated year-long schedule of events to celebrate reading;
NOW, THEREFORE, BE IT RESOLVED, That the Senate declare the official beginning of the Year of the Reader in Washington State, and urge all citizens to open a book and read, today, throughout the year, and every day of their lives.
Senators Hochstatter and McAuliffe spoke to Senate Resolution 1997-8605.
MOTION
On motion of Senator Johnson, Senate Resolution 1997-8601 was held on the desk.
MOTION
At 3:52 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 4:01 p.m. by President Pro Tempore Newhouse.
MOTION
On motion of Senator Johnson, the Senate reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1037, by Representatives B. Thomas, Mulliken, Honeyford, Johnson, Mastin, Thompson, McMorris, Koster, DeBolt, Carlson, Boldt, Hickel, Alexander, Lambert, Buck, Schoesler, Sterk, Mitchell, D. Schmidt, Wensman, Sherstad, Carrell, Sheldon, Linville, Huff, Cooke, Bush, Smith, Dunn, Dyer, Van Luven, Mielke, Chandler, Cairnes, Talcott, Robertson and Backlund
Making the 4.7187% state property tax reduction permanent.
The bill was read the second time.
MOTION
Senator Heavey moved that the following amendment by Senators Heavey and Hargrove be adopted:
On page 1, line 8, after "reduced by" strike "4.7187" and insert "((4.7187)) ten" Debate ensued.
MOTION
Senator Snyder moved that the Committee on Ways and Means be relieved of further consideration of Senate Bill No. 5214 and that the bill be placed on the second reading calendar.
Debate ensued.
Senator Sheldon demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be roll call on the motion by Senator Snyder to relieve the Committee on Ways of Means of Senate Bill No. 5214 and to place the bill on second reading.
ROLL CALL
The Secretary called the roll and the motion failed by the following vote: Yeas, 19; Nays, 26; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel, Thibaudeau and Wojahn - 19. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Excused: Senators Prentice and Rasmussen - 2.
MOTION
Senator Snyder moved that the Committee on Ways and Means be relieved of further consideration of Senate Joint Resolution No. 8200 and that the joint resolution be placed on the second reading calendar.
Debate ensued.
Senator Spanel demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be roll call on the motion by Senator Snyder to relieve the Committee on Ways of Means of Senate Joint Resolution No. 8200 and to place the resolution on second reading.
ROLL CALL
The Secretary called the roll and the motion failed by the following vote: Yeas, 19; Nays, 26; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel, Thibaudeau and Wojahn - 19. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Excused: Senators Prentice and Rasmussen - 2.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Heavey and Hargrove on page 1, line 8, to House Bill No. 1037.
Senator Heavey demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Heavey and Hargrove on page 1, line 8, to House Bill No. 1037.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 26; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel, Thibaudeau and Wojahn - 19. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Excused: Senators Prentice and Rasmussen - 2.
MOTION
Senator Sheldon moved that the following amendment by Senators Loveland, Snyder, Sheldon and Spanel be adopted:
On page 1, beginning on line 11, strike all material through line 17 and insert the following: "(2) The state property tax levy for collection in 1997 shall be reduced by 4.7187 percent of the levy amount that would otherwise be allowed under this chapter without regard to this section. (3) The tax reductions provided in this section ((is)) are in addition to any other tax reduction legislation that may be enacted by the legislature. (((3))) (4) State levies for collection after ((1996)) 1997 shall be set at the amount that would be allowed otherwise under this chapter if the state levy for collection in ((1996)) each year had been set without the reductions under ((subsection (1) of)) this section." Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Loveland, Snyder, Sheldon and Spanel on page 1, beginning on line 11, to House Bill No. 1037.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 26; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel, Thibaudeau and Wojahn - 19. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26. Excused: Senators Prentice and Rasmussen - 2.
MOTION
Senator Hargrove moved that the following amendment by Senators Hargrove and Heavey be adopted:
On page 2, beginning on line 1, after "Sec. 2." strike all material through "Sec. 3." on line 3, and insert "This act applies retroactively to taxes levied for collection in 1993 and thereafter. NEW SECTION. Sec. 3. If a property has been conveyed, the department of revenue, in consultation with the appropriate county officials, shall attempt to locate the appropriate recipient of any refund due as a result of this act. Persons who do not receive a refund but who believe they may be entitled to such a refund shall contact the department of revenue not later than September 1, 1997, to submit a claim for the refund. NEW SECTION. Sec. 4 By December 1, 1997, the department of revenue shall calculate the total amount of refunds due under this act and shall submit a report to the legislature. NEW SECTION. Sec. 5" Debate ensued.
Senator Loveland demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Hargrove and Heavey on page 2, beginning on line 1, to House Bill No. 1037.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 18; Nays, 27; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel, Thibaudeau and Wojahn - 18. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27. Excused: Senators Prentice and Rasmussen - 2.MOTION
Senator Heavey moved that the following amendment by Senators Heavey and Hargrove be adopted:
On page 2, after line 2, strike section 3 and insert the following: "Sec. 3. RCW 84.55.120 and 1995 c 251 s 1 are each amended to read as follows: A taxing district, other than the state, that collects regular levies shall hold a public hearing on revenue sources for the district's following year's current expense budget. The hearing must include consideration of possible increases in property tax revenues and shall be held prior to the time the taxing district levies the taxes or makes the request to have the taxes levied. The county legislative authority, or the taxing district's governing body if the district is a city, town, or other type of district, shall hold the hearing. For purposes of this section, "current expense budget" means that budget which is primarily funded by taxes and charges and reflects the provision of ongoing services. It does not mean the capital, enterprise, or special assessment budgets of cities, towns, counties, or special purpose districts. If the taxing district is otherwise required to hold a public hearing on its proposed regular tax levy, a single public hearing may be held on this matter. No increase in property tax revenue may be authorized by a taxing district except by adoption of a separate ordinance or resolution specifically authorizing the increase. NEW SECTION. Sec. 4. Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately." Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Heavey and Hargrove on page 2, after line 2, to House Bill No. 1037.
The motion by Senator Heavey failed and the amendment was not adopted.
MOTION
On motion of Senator Johnson, the rules were suspended, House Bill No. 1037 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Heavey: "Senator West, given the recent decision by the Supreme Court concerning referendums and the emergency clause, this legislation creates an emergency clause which cuts off the right of the people to referendum, which under the Constitution can only be accomplished when it is for the immediate preservation of the public peace, health or safety or support of the state government and its existing public institutions and take effect immediately. Could you tell us what the emergency is?"
Senator West: "Thank you, Senator Heavey, it is now January 20. In less than thirty days, the county treasurers and assessors must mail and distribute the tax statements. A bill, normally, would take a thirty day period, before it would take effect. I would say that it is clearly in the interest of the public peace, because if this does not get out there promptly, there will be a tax increase. In addition for the orderly process of putting together those tax statements, it is necessary to get this bill out there as soon as possible."
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1037.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1037 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 18; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kohl, Loveland, McAuliffe, Sheldon, Snyder, Spanel, Thibaudeau and Wojahn - 18. Excused: Senators Prentice and Rasmussen - 2. HOUSE BILL NO. 1037, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Anderson: "Thank you, Mr. President. I rise to a point of personal privilege. To Senator Benton and Senator Horn, you have been privileged today to make your maiden speeches on the floor of the Senate. Because all of the other Senators who are more senior have given you the courtesy of sitting through and listening intently to your maiden speech, you are now obligated to thank those senior Senators, because we did sit intently and listen to your maiden speeches. So, we will anticipate your thank you's within the next couple of days. If you need any guidance, any senior member will be able to help you."
PERSONAL PRIVILEGE
Senator McCaslin: "A point of personal privilege. She said what I was going to say. The only thing that I can add to that is McCaslin accepts cash."
POINT OF INQUIRY
Senator Snyder: "Senator McDonald, we have had a lot of talk about meaningful tax reform and can we have your assurance that the majority party is going to work with the minority and try to come up with the best possible solution we can for the people in the state of Washington on a bipartisan basis?"
Senator McDonald: "Absolutely, Senator Snyder. You know we worked last year and had tremendous support on both sides of the aisle on a number of issues dealing with property tax. This is going to be no different and I think this is going to be very successful, given the high level of interest and high interest in reducing far beyond on this. Yes, this isn't the last of this issue."
MOTION
At 5:15 p.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Tuesday, January 21, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate