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FOURTH DAY

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NOON SESSION

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Senate Chamber, Olympia, Thursday, January 16, 1997

      The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.


MOTION


      On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.


MESSAGE FROM THE GOVERNOR

CONDITIONAL COMMUTATION ORDER


January 15, 1997


TO THE HONORABLE, THE SENATE

      AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      In compliance with the provision of Section 11 of Article III of the Constitution of the state of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 1996 Regular Session of the Fifty-Fourth Legislature, copy of which is attached.

Respectfully submitted,

KENT CAPUTO, Legal Counsel to the Governor


CONDITIONAL COMMUTATION ORDER

FOR

KERRI KIRKENDALL


TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

      On March 15, 1996, 28 year old Kerri Kirkendall was sentenced by King County Superior Court to a term of two years seven months in prison after a plea of guilty to Vehicular Homicide. She is currently incarcerated at the Washington Corrections Center for Women, having a time start of May 2, 1996.

      On the evening of May 2, 1995, Ms. Kirkendall had gone to a pub in the community of Ballard to perform an Irish dance. While there, she consumed alcoholic cider. She drove back toward her home on that clear night feeling very tired, but did not feel intoxicated to the point of impairment. In order to remain awake, she turned the radio on loud and opened the window vent. While driving, her car wandered to the right shoulder striking Mr. Eliapo Taoipu who was standing beside his car which had run out of fuel. Mr. Taoipu was thrown approximately 85 feet down the shoulder and his jeep damaged. Another driver who observed the accident pulled up next to Kirkendall and told her she had just struck another car. Ms. Kirkendall claimed to have fallen asleep, but put her jeep in reverse and returned to the scene of the accident and began administering cardio-pulmonary resuscitation on Mr. Taoiup, who was pronounced dead at the scene.

      Kerri Kirkendall admitted to officers she had fallen asleep while driving and that she had three pints of alcoholic cider that evening and two bottles of alcoholic cider earlier in the afternoon. She had a blood ethanol level of 0.15 per 100 milliliters.

      Mr. Taoipu's father, Mativa Taoipu, told the pre-sentence investigator the family is not interested in revenge or retribution for the loss of their son. He feels Ms. Kirkendall has learned her lesson of drinking and driving and does not feel a period of imprisonment would benefit anyone.

      Ms. Kirkendall appears to demonstrate remorse for her behavior and takes full responsibility, stating she was willing to accept whatever sanction the court imposed. She said she would like to be required to give something back to the community.

      Ms. Kirkendall's life pattern has been law abiding and responsible. She has been employed for eight years as a training administrator for the Boeing Company. She volunteered for the National Trust for Historic Preservation, the Seattle Architectural Foundation and Habitat for Humanity. She recently graduated with honors from Bellevue Community College with an Associate of Arts degree. Her plans were to attend a university in Rhode Island to study historic preservation. Her friends and co-workers describe her as a hard worker, a responsible and dependable person with good morals and values, someone who puts the needs of others ahead of her own. They note a weakness as working too hard and burning the candle at both ends.

      Ms. Kirkendall is an offender who had a rare lapse of responsibility at an inopportune time. She has taken responsibility for her actions. She has had an alcohol evaluation which indicates she does not have an alcohol problem. She states she has quit drinking. She has a sleeping disorder which contributed to the accident. The condition is now controlled by medication.

      At its June 7, 1996 meeting, the Clemency and Pardons Board reviewed and discussed her petition for clemency and recommended she be granted a conditional commutation. The Board was particularly impressed with Ms. Kirkendall's response to this tragedy by volunteering with DUI victims' families and survivors panels and speaking against drinking and driving.

      This is an extraordinary case and justice is served by granting conditional clemency. Ms. Kirkendall appears to be a responsible, hard-working, dependable individual. Since her incarceration, she has worked full-time for Correctional Industries. Prior to incarceration, she was an active participant in positive community activities, such as Habitat for Humanity and the National Trust for Historic Preservation. Her alcohol evaluation indicates that she does not have an alcohol problem. She showed compassion and responsibility by returning to the accident scene and administering cardio-pulmonary resuscitation. She recognizes the seriousness of her offense, takes full, personal responsibility for Mr. Taoipu's death and accepts the punishment imposed by the court. Therefore, by this order, I hereby grant Kerri Kirdendall conditional clemency to an approved plan.

      Ms. Kirkendall's conditional clemency is subject to the following conditions and may be revoked by the Governor for violation of any or all of these conditions:

 1.   Remain at the Washington Corrections Center for Women for 42 days from the date of the order, to be followed by sixty days on pre-      release status at Helen B. Ratcliff House and sixty days on work release status, also at Helen B. Ratcliff House.

 2.   After being released from work release, reside at the home of her mother, Bonnie Kirkendall, or an approved residence.

 3.   Commit no offenses for the term of this commutation and abide by all of these conditions until the maximum expiration date of the       sentence.

 4.   Commit no major infractions while at Washington Corrections Center for Women, pre-release or work release.

 5.   Obey all rules at the Washington Corrections Center for Women, pre-release and work release and complete any programming       recommended by the counselor or community corrections officer.

 6.   Attend alcohol education classes as approved by the community corrections officer.

 7.   Complete four years of community service in the form of educating the public and the courts about alcohol abuse as ordered or       approved by the community corrections officer.

 8.   Be employed and/or involved in an education program acceptable to the community corrections officer and obtain permission from the       community corrections officer before changing residence, employment or educational programs.

 9.   Not use or possess drugs or alcohol without a prescription from a licensed physician and submit to testing for the use of alcohol/drugs       as scheduled by the community corrections officer.

10. Possess no deadly weapons on her person and not own or possess a firearm.

11. Obey all laws.

12. Submit to the search of her person, resident, vehicle, and/or belongings when ordered to do so by the community corrections officer.

13. Obtain written permission from the community corrections officer before traveling outside of Washington State.

14. Pay supervision fees based upon ability to pay and at the direction of the community corrections officer.

15. Follow the directions of the community corrections officer in meeting any or all of the conditions imposed by the Department of       Corrections to facilitate the carrying out of the conditions herein. These conditions include appearing, when directed, to meet with her       community corrections officer, submitting monthly reports on how she is fulfilling the conditions and providing any information needed       to assure compliance with the conditions.


      Should a violation of any of the conditions herein occur, the following process will be followed:

1.   The community corrections officer may detain Kerri Kirkendall in jail or prison and/or issue a warrant for her arrest upon a       determination that there is probable cause to believe a violation of any of the conditions has occurred.

2.   Violation of any of the above conditions shall result in sanctions conforming to the Division of Community Corrections Violations       Sanctions Grid for community custody. PROVIDED that in the event Ms. Kirkendall uses any alcohol or in the event Ms. Kirkendall       commits any offense classified as a felony or gross misdemeanor, this Conditional Commutation is revoked and the sentence imposed       by the court reinstated without benefit of sentence reduction credit, whereupon Ms. Kirkendall shall be immediately returned to the       Washington Corrections Center for Women or such other facility as the Secretary of Corrections deems appropriate.


      The Department of Corrections shall provide a written report to the Clemency and Pardons Board regarding the violation of any       condition of this Conditional Commutation.


      The requirements of this conditional clemency shall remain in force until the expiration date of Ms. Kirkendall's entire 31 month       sentence without benefit of earned early release credit. If she violates any of the conditions of this clemency, the Governor or the       Governor's designee may sentence her to the remaining unserved portion of the prison term, approximately 25 months, which will be       remaining upon her release, even though a revocation will extend her new release date beyond her original release date had she       remained in prison for the whole term without being released on a conditional clemency. Any violation of this conditional clemency       must occur prior to the expiration date of the original 31 month sentence for it to be a basis for revocating her conditional clemency.


      NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant conditional clemency for Kerri Kirkendall, Department of Corrections inmate number 746374 and commute her sentence subject and pursuant to the conditions set forth herein.

 

(SEAL)                         IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal

                                       of the state of Washington to be affixed at Olympia on this 19th day of

                                       September, A.D., nineteen hundred and ninety-six.

MIKE LOWRY,

Governor of Washington

BY THE GOVERNOR:


RALPH MUNRO

Secretary of State


INTRODUCTION AND FIRST READING

 

SB 5128             by Senators Long, Hargrove, Franklin, Schow and Winsley

 

AN ACT Relating to fees charged to law enforcement agencies for death certificates of sex offenders; and amending RCW 70.58.107.

Referred to Committee on Human Services and Corrections.

 

SB 5129             by Senators McAuliffe, Fairley, Prentice, Fraser, Kohl, Thibaudeau, Pelz, Wojahn, Sheldon, Spanel, Goings and Patterson

 

AN ACT Relating to access to firearms by minors; adding a new section to chapter 9.41 RCW; and prescribing penalties.

Referred to Committee on Law and Justice.

 

SB 5130             by Senators McAuliffe, Sheldon, Patterson and Oke

 

AN ACT Relating to motor vehicle excise tax exemptions; adding a new section to chapter 82.44 RCW; and creating a new section.

Referred to Committee on Transportation.

 

SB 5131             by Senators Winsley, Oke and Patterson

 

AN ACT Relating to property tax reductions and exemptions for veterans and surviving spouses of veterans;

Referred to Committee on Ways and Means.

 

SB 5132             by Senators Zarelli, Schow, Winsley and Oke

 

AN ACT Relating to school bus route stops as drug-free zones; and amending RCW 69.50.435.

Referred to Committee on Law and Justice.

 

SB 5133             by Senators Zarelli and Schow

 

AN ACT Relating to censorship by school districts; and adding a new section to chapter 28A.230 RCW.

Referred to Committee on Education.

 

SB 5134             by Senators Zarelli and Stevens

 

AN ACT Relating to sanctions for sex offenders who violate community custody conditions; amending RCW 9.94A.205 and 9.94A.207; and prescribing penalties.

Referred to Committee on Human Services and Corrections.

 

SB 5135             by Senators Roach, Fairley, Johnson, Winsley and Oke

 

AN ACT Relating to the impoundment and immobilization of vehicles being operated by persons who have a suspended or revoked driver's license; amending RCW 46.55.113 and 46.55.120; adding a new section to chapter 46.20 RCW; creating a new section; and repealing RCW 46.20.344.

HOLD.

 

SB 5136             by Senators Hargrove, Oke, Snyder and Morton

 

AN ACT Relating to increasing anadromous fish runs in the Elwha river; adding new sections to chapter 75.50 RCW; and making an appropriation.

Referred to Committee on Natural Resources and Parks.

 

SB 5137             by Senators McAuliffe, Fairley, Fraser, Kohl, Snyder, Prentice and Oke

 

AN ACT Relating to vehicular assault; reenacting and amending RCW 9.94A.320; and prescribing penalties.

Referred to Committee on Law and Justice.

 

SB 5138             by Senators Oke, Snyder, Swecker and Winsley (by request of Parks and Recreation Commission)

 

AN ACT Relating to offenses committed in state parks or parkways; amending RCW 43.51.180; and prescribing penalties.

Referred to Committee on Natural Resources and Parks.

 

SB 5139             by Senators Oke, Snyder, Swecker and Winsley (by request of Parks and Recreation Commission)

 

AN ACT Relating to the state parks and recreation commission fiscal matters; amending RCW 43.51.050, 43.51.052, 43.51.090, 43.51.685, and 70.88.070; providing an effective date; and declaring an emergency.

Referred to Committee on Natural Resources and Parks.

 

SB 5140             by Senators Long, Zarelli, Schow, Kohl, Franklin, Hargrove and Winsley (by request of Department of Corrections)

 

AN ACT Relating to community placement of offenders; and reenacting and amending RCW 9.94A.120.

Referred to Committee on Human Services and Corrections.

 

SB 5141             by Senators Long, Hargrove, Franklin and Winsley (by request of Department of Corrections)

 

AN ACT Relating to siting of work release facilities; and amending RCW 72.65.210 and 72.65.220.

Referred to Committee on Human Services and Corrections.

 

SB 5142             by Senators Roach, Loveland and Winsley

 

AN ACT Relating to the collection of judgments; and reenacting and amending RCW 36.18.190.

Referred to Committee on Law and Justice.

 

SB 5143             by Senators Finkbeiner, West, Brown and Winsley (by request of Military Department)

 

AN ACT Relating to enhanced 911 excise taxes; amending RCW 82.14B.020, 82.14B.030, 82.14B.040, 82.14B.060, 82.32.010, and 82.32.105; adding new sections to chapter 82.14B RCW; prescribing penalties; and providing an effective date.

Referred to Committee on Energy and Utilities.

 

SB 5144             by Senator Roach

 

AN ACT Relating to the administration of county clerks' offices; amending RCW 6.36.035, 4.64.110, 7.68.290, 4.56.100, 4.64.030, 4.64.060, and 5.44.010; and repealing RCW 4.64.070.

Referred to Committee on Law and Justice.

 

SB 5145             by Senators Stevens, Long, Schow and Anderson

 

AN ACT Relating to department of social and health services records of children who have died from abuse or neglect; and amending RCW 74.04.060.

Referred to Committee on Human Services and Corrections.

 

SB 5146             by Senators Winsley, Fraser, Roach, Anderson and Patterson

 

AN ACT Relating to state investment board membership; and amending RCW 43.33A.020.

Referred to Committee on Government Operations.

 

SB 5147             by Senators Winsley, Swecker, Sheldon, Haugen and Oke

 

AN ACT Relating to residential property tax exemptions; and amending RCW 84.36.381.

Referred to Committee on Ways and Means.

 

SB 5148             by Senators Haugen and Oke

 

AN ACT Relating to production of game birds at game farms operated by the department of fish and wildlife; adding a new section to chapter 77.12 RCW; and creating new sections.

Referred to Committee on Natural Resources and Parks.

 

SB 5149             by Senators Long, Spanel, Horn and Kohl (by request of Legislative Ethics Board)

 

AN ACT Relating to mailings by legislators; amending RCW 42.17.132; adding a new section to chapter 42.52 RCW; and recodifying RCW 42.17.132.

Referred to Committee on Law and Justice.

 

SB 5150             by Senators Roach, Johnson, Heavey, McCaslin, Loveland, Snyder and Winsley

 

AN ACT Relating to contempt of court; and amending RCW 7.21.020.

Referred to Committee on Law and Justice.

 

SB 5151             by Senators Roach, Johnson, Heavey, McCaslin, Loveland, Snyder and Winsley

 

AN ACT Relating to civil jurisdiction of district courts; and amending RCW 3.66.020.

Referred to Committee on Law and Justice.

 

SB 5152             by Senators Prince, Bauer, Wojahn, Horn, Oke, Winsley and Patterson (by request of Joint Legislative Audit and Review Committee)

 

AN ACT Relating to allowing the department of social and health services access to employment security department data on clients in the job opportunities and basic skills training program and any subsequent state welfare program; adding a new section to chapter 50.13 RCW; adding a new section to chapter 43.20A RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

 

SB 5153             by Senators Sellar and Loveland

 

AN ACT Relating to prohibiting separate reporting and valuation of intangible personal property; and amending RCW 84.40.030 and 84.40.040.

Referred to Committee on Ways and Means.

 

SB 5154             by Senators Horn, Heavey and Prince

 

AN ACT Relating to maximum gross weight of vehicles; and amending RCW 46.44.041.

Referred to Committee on Transportation.

 

SB 5155             by Senators Horn, Heavey and Prince

 

AN ACT Relating to vehicle width; and amending RCW 46.44.010.

Referred to Committee on Transportation.

 

SB 5156             by Senators Zarelli, Benton, Schow and Anderson

 

AN ACT Relating to requiring approval by a two-thirds vote of each house to amend Initiative 601; amending RCW 43.84.092 and 43.88.033; and adding a new section to chapter 43.135 RCW.

Referred to Committee on Ways and Means.

 

SB 5157             by Senators Zarelli, Stevens and Kohl

 

AN ACT Relating to sales and use tax relief for victims of inclement weather that led to a declaration of a disaster area; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; providing an expiration date; and declaring an emergency.

Referred to Committee on Ways and Means.

 

SB 5158             by Senators Kohl, Strannigan, Long, Hargrove, Franklin, Brown, Patterson, Zarelli, Spanel, Thibaudeau, Schow, Winsley, Anderson and Oke

 

AN ACT Relating to economic incentives for employer-sponsored child care benefits; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new chapter to Title 82 RCW; and providing an effective date.

Referred to Committee on Human Services and Corrections.

 

SB 5159             by Senators Kohl, Long, McAuliffe, Fairley, Hargrove and Winsley

 

AN ACT Relating to family support services for persons with developmental disabilities; and adding a new section to chapter 71A.12 RCW.

Referred to Committee on Human Services and Corrections.

 

SB 5160             by Senator McCaslin

 

AN ACT Relating to the presidential primary; and repealing RCW 29.19.010, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.070, 29.19.080, and 29.19.900.

Referred to Committee on Government Operations.

 

SJM 8001           by Senators Hargrove, McCaslin, Snyder, Patterson and Oke

 

Petitioning for a plaque honoring veterans dying from war-related injuries received in the southeast Asia theater of operations.

 

Referred to Committee on Government Operations.

 

SJM 8002           by Senators Stevens, Benton, Zarelli, Roach, Hochstatter and Schow

 

Claiming state sovereignty under the Tenth Amendment.

 

Referred to Committee on Government Operations.

 

SJR 8205           by Senators Winsley, Oke and Patterson

 

Amending the Constitution to allow property tax relief to veterans.

 

Referred to Committee on Ways and Means.

 

SJR 8206           by Senators Zarelli and Benton

 

Encapsulating Initiative 601 into the Washington state Constitution.

 

Referred to Committee on Ways and Means.

 

SCR 8402          by Senators McDonald, Snyder, Loveland, Sellar, Johnson and Sheldon

 

Adopting cutoff dates.

 

HOLD.


MOTION


      On motion of Senator Johnson, Senate Bill No. 5135 and Senate Concurrent Resolution No. 8402 were held on the desk.


MOTION


      At 12:03 p.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Friday, January 17, 1997.


BRAD OWEN, President of the Senate


MIKE O'CONNELL, Secretary of the Senate