Originally sponsored by Representatives Lantz, Esser and McDermott.
BAR POSITION: Bar sponsored and supported.
STATUS: Passed. Signed by Governor 5/2/01. Chapter 203, 2001 Laws. Effective date: 7/22/01
Modifying power of attorney provisions.
Originally sponsored by Senators Johnson and Constantine.
BAR POSITION: Bar sponsored and supported.
STATUS: Passed. Signed by Governor 4/13/01. Chapter 14, Laws of 2001. Effective date: 7/22/01
Making technical corrections to trust and estate dispute resolution provisions.
Originally sponsored by Senators Constantine and Johnson.
BAR POSITION: Bar sponsored and supported.
STATUS: Passed. Signed by Governor 4/16/01. Chapter 32, Laws of 2001. Effective date: 7/1/01
Making corrections to Article 9A of the Uniform Commercial Code.
Originally sponsored by Senators Johnson and Constantine.
BAR POSITION: Bar sponsored and supported.
STATUS: Passed. Signed by Governor 4/18/01. Chapter 60, Laws of 2001. Effective date: 7/22/01
Modifying the rule against perpetuities.
Senate bill originally sponsored by Senators Kline, McCaslin, Franklin, Kastama, Thibaudeau, Fraser, Patterson, Fairley and Winsley.House bill originally sponsored by Representatives Carrell and Lantz; by request of Administrator for the Courts.
BAR POSITION: Support the concept of measures to increase response rate and service but with provisions flexible enough to accommodate particular county's needs.
STATUS: Both bills failed to make it out of the Legislature.
Restricting the length of the term of jury service.
Originally sponsored by Senators Kline, McCaslin, Kastama, Thibaudeau, Fraser, Patterson, Winsley, Kohl-Welles and Prentice. House bill originally sponsored by Representative Lantz; by the request of Administrator for the Courts.
BAR POSITION: Support increased juror compensation – increasing juror payment to $45 per day commencing on the second day of service. All additional fiscal impact to be paid by the state.
STATUS: Neither bill enacted, although proposed Senate budget provides $25 per day. If the final budget includes funding for juror compensation, one of these bills may be necessary to implement the budget and thus not subject to the April 22, 2001 deadline.
Establishing juror compensation.
Provides that jurors shall receive ten dollars for the first day or partial day in attendance and shall receive forty-five dollars for each day or partial day thereafter.
Authorizes courts to establish a jury improvement fund for the exclusive purpose of enhancing juror services and accommodations. Jurors may contribute to a jury improvement fund by donating all or a portion of their juror fees and expenses accrued under RCW 2.36.150, 3.50.135, or 35.20.090.
Provides that the act shall be null and void if appropriations are not approved.
Originally sponsored by Senators Johnson, Kline and Constantine.
BAR POSITION: Bar sponsored and supported.
STATUS: Governor vetoed.
Updating creditor/debtor personal property exemptions.
Amends RCW 6.15.010, 6.15.050, and 6.27.160 to update creditor/debtor personal property exemptions.
I am returning herewith, without my approval, Substitute Senate Bill No. 5187 entitled:
"AN ACT Relating to updating creditor/debtor personal property exemptions;"
Substitute Senate Bill No. 5187 would have increased and expanded the exemptions from execution, attachment or garnishment for certain household goods, vehicles, and certain other assets. I agree with the underlying theory that prompted this bill. However, because this bill lacks an exemption for the Department of Social and Health Services (DSHS) for the collection of court-ordered child support payments, it is not good public policy. The primary financial responsibility of debtors should be that of their dependent children.
This legislation would have prevented DSHS from taking collection action against certain liquid assets of a child support debtor, with no consideration of the needs of dependent children who do not reside with the debtor. The result would have been a net loss of support available for children and custodial parents.
DSHS provided the appropriate legislative committees with language that would have corrected the defects of this bill. If this bill is passed in the next legislative session with the corrective language, I will be glad to sign it.
For these reasons I have vetoed Substitute Senate Bill No. 5187 in its entirety.
Respectfully submitted,
Gary Locke
Governor
ESSB 5336, HB 1978
An Act Relating to a loan repayment endowment program for attorneys who provide legal services in public interest areas of the law.
Senate bill originally sponsored by Senators Kohl-Welles, Horn, Shin, McAuliffe, B. Sheldon, Constantine and Kline. House bill originally sponsored by Representatives Gombosky, Jarrett, Dunn, Lantz and Fromhold.
BAR POSITION: Support
STATUS: Both bills failed to make it out of the Legislature.
Digest for HB 1978 and SSB 5336
Creating the public interest attorney loan repayment program.
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Declares an intent to provide affordable access to legal education and meet the legal needs of the state of Washington in public interest areas of the law.
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Finds that the high cost of attending law school requires that attorneys command high incomes to repay the financial obligations incurred in obtaining the required training. As a result of the need for high incomes, few attorneys are able to practice in public interest areas of the law, which traditionally pay substantially less than other areas.
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Finds that encouraging outstanding law students and attorneys to practice in public interest areas of the law is essential to assuring access to legal services in areas of public interest.
SB 5373
An Act Relating to mandatory arbitration of civil actions.
Originally sponsored by Senators Sheahan, Kline, McCaslin, Thibaudeau, Kastama, Long, Roach, Johnson and Constantine.
BAR POSITION: Support
STATUS: Failed to make it out of the Legislature
Changing mandatory arbitration of civil actions.
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Provides that, up to thirty days prior to the actual date of a trial de novo, a nonappealing party may serve upon the appealing party a written offer of compromise.
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Provides that in any case in which an offer of compromise is not accepted by the appealing party within ten calendar days after service thereof, for purposes of MAR 7.3, the amount of the offer of compromise shall replace the amount of the arbitrator's award for determining whether the party appealing the arbitrator's award has failed to improve that party's position on the trial de novo.
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Prohibits a postarbitration offer of compromise to be filed or communicated to the court or the trier of fact until after judgment on the trial de novo, at which time a copy of the offer of compromise shall be filed for purposes of determining whether the party who appealed the arbitrator's award has failed to improve that party's position on the trial de novo, pursuant to MAR 7.3.
SB 5391, HB 1415
An Act Relating to optional authorization of mandatory arbitration for civil actions.
Originally sponsored by Senators Long, Constantine, Kline, Carlson; By request of Administrator for the Courts.
POSITION: Opposed
STATUS: Both bills failed to make it out of the Legislature
Expanding authorization for mandatory arbitration.
ESB 5394, HB 1300
An Act Relating to judges pro tempore.
Senate Bill originally sponsored by Senators Kline, Long and Constantine; by request of Administrator for the Courts. House Bill originally sponsored by Representatives Lantz, Carrell, Rockefeller; by request of Administrator for the Courts.
POSITION: Support
STATUS: Both bills failed to make it out of the Legislature
Revising provisions concerning the use of judges pro tempore.
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Revises provisions concerning the use of judges pro tempore.
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Declares that this act takes effect January 1, 2002, if the proposed amendment to Article IV, section 7 of the state Constitution, relating to qualifications for judges pro tempore, is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety.
SSB 5395, SHB 1275
An Act Relating to the administrator for the courts.
Senate Bill originally sponsored by Senators Long, Constantine and Kline; by request of Administrator for the Courts. House Bill originally sponsored by Representatives Lantz, Esser; by request of Administrator for the Courts.
POSITION: No position
STATUS: Both bills failed to make it out of the Legislature
Changes provisions relating to the administrator for the courts.
SSB 5395 DIGEST
SHB 1275 DIGEST
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The original bill removed the prohibition on the administrator and assistants practicing law. The substitute bill clarifies that the administrator and assistants may not practice law for remuneration in the state, but that they may provide pro bono legal services or legal services for themselves and their immediate family members.
SB 5426, HB 1470
An Act Relating to county law library funding.
Senate bill originally sponsored by Senators Patterson, Costa, McCaslin, Constantine, Kline. House bill originally sponsored by Representatives Cairnes and Morris.
POSITION: Support
STATUS: Both bills failed to make it out of the Legislature
Authorizing a filing fee surcharge for funding county law libraries.
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Provides that in each county, upon a showing of need by the law library board of trustees, a county legislative body or bodies may impose an additional surcharge not to exceed the maximum amount established in this act for every new probate or civil filing in superior court and an additional surcharge not to exceed the maximum amount established in this act for every fee collected for the commencement of a civil action in district court for the purpose of funding the county law library. Any surcharge imposed shall be collected by the clerk of the court and remitted to the county treasurer for deposit in the county or regional law library fund.
SB 5471, HB 1298
An Act Relating to small claims collection cost recovery.
Senate Bill originally sponsored by Senators Johnson, Long and Constantine; by request of Administrator for the Courts. House Bill originally sponsored by Representatives Lantz, Carrell, Esser; by request of Administrator for the Courts.
POSITION: Opposed
STATUS: Both bills failed to make it out of the Legislature
Authorizing recovery of additional small claims collection costs.
SSB 5472, SHB 1264
An Act Relating to courts of limited jurisdiction.
Senate Bill originally sponsored by Senators Johnson, Constantine and Kline; by request of Administrator for the Courts. House Bill originally sponsored by Representatives Lantz, Carrell, Esser, Van Luven, Lambert; by request of Administrator for the Courts.
POSITION: Support
STATUS: SB 5472 passed. Signed by Governor 4/18/01. Chapter 68, Laws of 2001. Effective date: 7/22/01.
Changing provisions relating to termination of municipal courts and service contracts.
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Provides that any city that terminates an agreement for court services to be provided by a district court may only terminate such agreement at the end of a four-year district court judicial term.
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Provides that a county that wishes to terminate an agreement with a city for the provision of court services must provide written notice of the intent to terminate the agreement to the city legislative authority not less than one year prior to the expiration of the agreement.
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Repeals RCW 3.46.155.
SB 5491, HB 1273
An Act Relating to small claims appeals.
Senate Bill originally sponsored by Senators Kline and Long; by request of Administrator for the Courts. House Bill originally sponsored by Representatives Esser, Lantz, Lambert.
POSITION: Support
STATUS: Signed by Governor 5/2/01. Chapter 156, 2001 Laws. Effective date: 7/22/01.
Revising small claims proceedings.
SB 5578, SHB 2046
An Act Relating to validating trusts created for the benefit of nonhuman animals.
Originally sponsored by Senators Costa, Constantine and Deccio.
BAR POSITION: Support
STATUS: SB 5578 is dead. SHB 2046 passed. Signed by Governor 5/15/01, partial veto. Chapter 327, 2001 Laws. Effective date: 7/22/01..
Validating trusts created for the benefit of nonhuman animals.
SHB 2046 and SB 5578 Digest
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Declares that the purpose of this act is to recognize and validate certain trusts that are established for the benefit of animals. Under the common law such trusts were unenforceable at law. Declares an intent that such trusts be recognized as valid, and that such trusts be enforceable in accordance with their terms.
VETO MESSAGE ON HB 2046-S
May 15, 2001
To the Honorable Speakers and Members, The House of Representatives of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 10 and 14, Substitute House Bill No. 2046 entitled:
"AN ACT Relating to validating trusts created for the benefit of nonhuman animals;"
Substitute House Bill No. 2046 will allow trusts created for the benefit of vertebrate animals to be legally recognized and enforceable. This change in the law will allow people to ensure that their pets will be cared for after their owner's death.
Sections 10 and 14 of the bill were intended to address contingencies that could be caused by the rule against perpetuities. However, those issues were resolved with Senate Bill No. 5054, which I signed on April 18, 2001.
For these reasons, I have vetoed sections 10 and 14 of Substitute House Bill No. 2046.
With the exception of sections 10 and 14, Substitute House Bill No. 2046 is approved.
Respectfully submitted,
Gary Locke
Governor
SSB 5710
An Act Relating to the equal access to justice act.
Originally sponsored by Senators McCaslin, Kline, Thibaudeau, Costa, Johnson, Hargrove, Rasmussen, Hale and Shin.
BAR POSITION: Sponsored
STATUS: Failed to make it out of the Legislature
Modifying the award of fees and expenses in administrative hearings.
Revised for SSB 5710: Amending the equal access to justice act
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Provides that, when an agency has made an offer to participate in an alternative dispute resolution process, the appellant must participate in good faith or be precluded from applying for an award of attorneys' fees or expenses pursuant to RCW 4.84.340 through 4.84.360, and this act.
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Provides that, despite the provisions of RCW 4.84.350, no fees or other expenses shall be awarded against an administrative tribunal for actions taken solely as an adjudicative body.
SJR 8208, HJR 4205
THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV, section 7 of the Constitution of the state of Washington to read as follows. Senate resolution originally sponsored by Senators Kline and Constantine; by request of Administrator for the Courts. House resolution originally sponsored by Representatives Lantz, Carrell, Rockefeller, Lovick; By request of Administrator for the Courts.
POSITION: Support
STATUS: ESJR 8208 filed with Secretary of State.
Amending the Constitution regarding the use of judges pro tempore.
E2SSB 5419, SHB 1863
AN ACT Relating to chemical dependency treatment for offenders, originally sponsored by Senators Patterson, Long, Hargrove, Kline, Winsley, Kohl-Welles
POSITION: Support
STATUS: Failed to make it out of the Legislature.
Providing chemical dependency treatment for certain offenders. Revised for 1st Substitute: Providing additional treatment for drug offenders.
Finds that community safety and health are promoted and tax dollars are saved when offenders who abuse drugs are provided with effective treatment programs.
Finds that appropriate substance abuse treatment is effective, but that adult offenders with substance abuse problems often do not have access to the treatment needed to help them live healthier, more stable, and productive lives.
Declares an intent to increase the capacity of the criminal justice system to provide access to appropriate substance abuse treatment, at the local level, for all types of offenders who are diagnosed with substance abuse problems.
Declares an intent to fund the increased access by sentencing drug offenders commensurate to the seriousness of their offenses while continuing to punish offenders who manufacture methamphetamine or sell drugs for profit at current levels.
Declares an intent to ensure, as much as possible, that the treatment is effective by requiring the use of research proven and approved treatment programs under chapter 70.96A RCW. At the same time, through a distribution formula and grants, the legislature intends to provide counties with the flexibility to tailor their approach and seek local solutions to treatment issues while providing adequate oversight to make sure that funds are effectively used.
Creates the criminal justice treatment account in the state treasury. Moneys in the account may be expended solely for substance abuse treatment for offenders against whom charges are filed by a prosecuting attorney in Washington state as well as to fund drug courts for the provision of drug and alcohol services for nonviolent offenders. Moneys in the account may be spent only after appropriation.
Requires the department of corrections, the sentencing guidelines commission, the office of financial management, and the caseload forecast council to develop a methodology for calculating the projected biennial savings under this act. Savings shall be projected for the fiscal biennium beginning on July 1, 2003, and for each biennium thereafter. By December 1, 2001, the proposed methodology shall be submitted to the governor and the appropriate committees of the legislature. The methodology is deemed approved unless the legislature enacts legislation during the 2002 session to modify or reject the methodology.
Provides that, for the fiscal biennium beginning July 1, 2003, and each fiscal biennium thereafter, in consideration of the dollar amount savings reported under this act, the legislature shall direct the state treasurer to transfer an amount from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments.
Provides that seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this act. The division of alcohol and substance abuse, in consultation with the department of corrections, the sentencing guidelines commission, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, representatives of the criminal defense bar, and any other person deemed by the division to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account.
Provides that thirty percent of the amounts appropriated to the division from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney.
Directs the sentencing guidelines commission, as part of the comprehensive review and evaluation of state sentencing policy, to address the appropriate sentencing and treatment of drug offenders and other offenders with substance abuse problems, with specific reference to the length of sentences, the needs and provision for inpatient and outpatient treatment that is proven and economically feasible, and the appropriate degree of offender supervision during substance abuse treatment.
Directs the Washington state institute for public policy to evaluate the effectiveness and financial impact of this act in meeting its stated purpose and intent.
Provides that RCW 43.135.035(4) does not apply to the transfers established in this act.
Requires the department of social and health services to annually review and monitor the expenditures made by any county which is funded, in whole or in part, with funds provided by this act. Counties shall repay any funds that are not spent in accordance with the requirements of this act.
