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FIFTEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, January 26, 1998
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.
The Washington State National Guard Color Guard, consisting of Master Sergeant Timothy Small, Staff Sergeant Alicia Burgett, Officer Candidate Jaime Quintanilla and Officer Candidate Roy Habedank, presented the Colors. Reverend Doug Dornhecker, pastor of the First Christian 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.
REPORTS OF STANDING COMMITTEES
January 23, 1998
SB 5946 Prime Sponsor, Senator Anderson: Revising property tax exemptions for persons confined in adult family homes and certain boarding homes. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton and Strannigan.
Referred to Committee on Ways and Means.
January 23, 1998
SB 6015 Prime Sponsor, Senator Deccio: Repealing water recreation facilities. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Second Substitute Senate Bill No. 6015 be substituted therefor, and the second substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton and Strannigan.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6182 Prime Sponsor, Senator Johnson: Allowing for interstate professional services corporations. Reported by Committee on Law and Justice
MAJORITY Recommendation: That Substitute Senate Bill No. 6182 be substituted therefor, and the substitute bill do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, McCaslin, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
January 22, 1998
SB 6213 Prime Sponsor, Senator McCaslin: Extending the long arm statute to district court civil cases. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Long, McCaslin, Stevens, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
January 23, 1998
SB 6330 Prime Sponsor, Senator Oke: Modifying provisions concerning recreational fish and wildlife licenses. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 6330 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Oke, Chair; Hargrove, Jacobsen, Morton, Snyder, Spanel, Stevens and Swecker.
Referred to Committee on Ways and Means.
January 23, 1998
SB 6354 Prime Sponsor, Senator Deccio: Requiring that moneys received through settlements with the tobacco industry be deposited into the health services account. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Benton, Fairley and Strannigan.
Referred to Committee on Ways and Means.
January 23, 1998
SB 6493 Prime Sponsor, Senator Wood: Regulating in-home care providers and workers. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton and Strannigan.
Referred to Committee on Ways and Means.
January 23, 1998
SB 6509 Prime Sponsor, Senator Hochstatter: Requiring training for reading instruction. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 6509 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson, Rasmussen and Zarelli.
Referred to Committee on Ways and Means.
January 23, 1998
SB 6514 Prime Sponsor, Senator Deccio: Allowing certain school district employees to refuse to perform bladder catheterizations. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton and Strannigan.
Passed to Committee on Rules for second reading.
January 21, 1998
EHB 1254 Prime Sponsor, Representative Sterk: Prohibiting destruction of driving records for alcohol or drug-related offenses. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass as amended. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Johnson, Senate Bill No. 5946 was referred to the Committee on Ways and Means.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
January 7, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Holly Parker Jensen, appointed January 7, 1998, for a term ending January 1, 2000, as a member of the Board of Trustees for the State School for the Deaf.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Education.
INTRODUCTION AND FIRST READING
SB 6641 by Senators Wood, Fairley, Swecker and Winsley
AN ACT Relating to a pilot project for third-party accreditation of boarding homes; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 6642 by Senators Wood, Winsley, Bauer, Hale, Prince and West
AN ACT Relating to protection of research data; and reenacting and amending RCW 42.17.310.
Referred to Committee on Higher Education.
SB 6643 by Senator Oke
AN ACT Relating to the name of record on a driver's license; and amending RCW 46.20.035, 46.20.091, 46.20.161, and 46.20.205.
Referred to Committee on Transportation.
SB 6644 by Senators Hargrove, Long, McCaslin and Oke
AN ACT Relating to probation services; and adding a new section to chapter 9.95 RCW.
Referred to Committee on Law and Justice.
SB 6645 by Senators Johnson, Haugen and McCaslin
AN ACT Relating to the office of public defense; and amending RCW 2.70.010.
Referred to Committee on Law and Justice.
SB 6646 by Senators Finkbeiner and Jacobsen (by request of Department of Health)
AN ACT Relating to revision of public water systems fees; amending RCW 70.119A.110; and creating a new section.
Referred to Committee on Energy and Utilities.
SB 6647 by Senator Finkbeiner
AN ACT Relating to household water supply information on the real estate seller's disclosure form; and amending RCW 64.06.020.
Referred to Committee on Government Operations.
SB 6648 by Senators Schow, Newhouse, Horn and Heavey
AN ACT Relating to permitting the licensing of retail alcoholic beverage businesses in which no manufacturer, importer, or wholesaler has a direct or indirect interest; amending RCW 66.28.010; and providing an effective date.
Referred to Committee on Commerce and Labor.
SB 6649 by Senators Hochstatter and McAuliffe
AN ACT Relating to school director positions, residency, and vacancies; and amending RCW 28A.315.490.
Referred to Committee on Education.
SB 6650 by Senators Hochstatter and McAuliffe
AN ACT Relating to employment contract exceptions to school district officers' conflicts of interest; amending RCW 28A.330.240; adding a new section to chapter 28A.320 RCW; and recodifying RCW 28A.330.240.
Referred to Committee on Education.
SB 6651 by Senators Wood, Franklin and Winsley
AN ACT Relating to electronic transfer of prescription information; amending RCW 69.41.010 and 69.50.101; adding a new section to chapter 69.41 RCW; and adding a new section to chapter 69.50 RCW.
Referred to Committee on Health and Long-Term Care.
SB 6652 by Senators Prentice, Winsley and Oke
AN ACT Relating to repairs to residential rental property; and amending RCW 59.18.070, 59.18.100, and 59.18.115.
Referred to Committee on Law and Justice.
SB 6653 by Senators Roach, Fairley, Wojahn and Rasmussen
AN ACT Relating to communications between victims of domestic violence and victims' advocates; and amending RCW 5.60.060.
Referred to Committee on Law and Justice.
SB 6654 by Senators Morton and Roach
AN ACT Relating to salaries of district court judges; amending RCW 3.58.010, 3.58.020, 43.03.012, and 43.03.310; and providing an effective date.
Referred to Committee on Law and Justice.
SB 6655 by Senators West and Brown
AN ACT Relating to institutions of higher education; amending RCW 28B.25.020; adding a new chapter Title 28B RCW; and repealing RCW 28B.10.060.
Referred to Committee on Higher Education.
SB 6656 by Senators West and Strannigan
AN ACT Relating to moneys received by the state in regulatory and enforcement actions and settlements; amending RCW 43.79.270, 9.46.100, 15.13.470, 15.36.441, 15.36.471, 18.160.050, 19.146.228, 22.09.411, 28C.10.082, 43.10.200, 43.10.220, 43.23.230, 43.320.110, 43.320.120, 43.70.340, 59.21.050, 70.47.030, 76.04.630, and 77.21.080; reenacting and amending RCW 22.09.830; adding new sections to chapter 43.88 RCW; creating a new section; and providing an effective date.
Referred to Committee on Ways and Means.
SB 6657 by Senators West, Strannigan, Benton, Finkbeiner, McDonald, Hale, Swecker, Long, Newhouse, Rossi, Deccio, Zarelli, Schow, Roach, McCaslin, Johnson, Morton, Sellar, Hochstatter, Wood, Stevens, Oke and Anderson
AN ACT Relating to the reallocation of general fund and motor vehicle excise tax resources; amending RCW 82.44.020, 82.44.041, 82.44.110, 82.44.150, 82.14.310, 82.14.330, 43.135.060, 82.50.410, 82.50.510, 35.58.273, 35.58.410, 46.16.068, 70.94.015, 81.100.060, 82.08.020, 82.14.046, 82.44.023, 82.44.025, 82.44.155, 82.44.180, and 84.44.050; reenacting and amending RCW 69.50.520, 82.14.320, and 81.104.160; adding a new section to chapter 82.44 RCW; adding a new section to chapter 43.135 RCW; creating new sections; providing effective dates; providing a contingent effective date; and providing for submission of certain sections of this act to a vote of the people.
Referred to Committee on Ways and Means.
SB 6658 by Senators Benton, Snyder, Finkbeiner, Zarelli, West, Bauer, Oke and Rasmussen
AN ACT Relating to increasing funding for common school transportation; amending 1997 c 454 s 503 (uncodified); and amending 1997 c 149 s 505 (uncodified).
Referred to Committee on Ways and Means.
SB 6659 by Senators Benton and Oke
AN ACT Relating to property taxes; adding new sections to chapter 84.36 RCW; adding a new section to chapter 84.40 RCW; and creating new sections.
Referred to Committee on Ways and Means.
SB 6660 by Senators Wojahn, McCaslin, Prentice, Winsley, Fairley and T. Sheldon
AN ACT Relating to child support collection and enforcement; and adding a new section to chapter 74.08A RCW.
Referred to Committee on Health and Long-Term Care.
SB 6661 by Senators Fraser, Spanel, Fairley, Jacobsen, Snyder, Thibaudeau, Franklin, Bauer, Wojahn, Kline, Patterson, Rasmussen, Heavey, Prentice, Haugen, Kohl and McAuliffe
AN ACT Relating to funding salmon restoration; amending RCW 43.155.070; amending 1997 c 235 s 393 (uncodified); amending 1997 c 235 s 113 (uncodified); amending 1997 c 235 s 305 (uncodified); amending 1997 c 235 s 352 (uncodified); reenacting and amending RCW 43.155.050; creating a new section; and making appropriations.
Referred to Committee on Ways and Means.
SJM 8025 by Senators Jacobsen, Oke, Fraser, Kline, Spanel and Rasmussen
Regarding the "Teaming With Wildlife" campaign.
Referred to Committee on Natural Resources and Parks.
SJR 8215 by Senators West, Brown, Morton, Spanel, Hochstatter, Winsley and Oke
Amending the state Constitution to allow school districts to impose levies equal to taxes refunded due to valuation appeals.
Referred to Committee on Ways and Means.
SJR 8216 by Senators Benton and Oke
Amending the state Constitution to allow real property tax relief.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator West, the following resolution was adopted:
SENATE RESOLUTION 1998-8685
By Senators West, Roach, Long, Prentice, Stevens, Kohl, Hargrove, Franklin, Rossi, Wood, Strannigan, Hochstatter, Thibaudeau, Fraser, Brown, Rasmussen, Johnson, Winsley, Wojahn, B. Sheldon, Horn, Patterson, Newhouse, Kline, Benton, Zarelli, Anderson, Finkbeiner, Sellar, Haugen, Heavey, Loveland, Snyder, Jacobsen, Spanel, Fairley, McAuliffe , Oke, Bauer and Hale
WHEREAS, Over eight thousand eight hundred men and women of the Washington National Guard consisting of the Army National Guard and the Air National Guard continue to serve the country as a key part of our national defense; and
WHEREAS, The Washington National Guard is composed of citizen soldiers and airmen who, in the noble and time-honored tradition of the Minutemen, from the Massachusetts Bay Colony in 1636, stand ready at a moments notice to answer the call of need from their state or country to protect and guaranty the blessings of liberty and providence or to respond to calamity or natural disaster; and
WHEREAS, The Guard is active in promoting positive activities for the youth of our state through active involvement in the Guard’s helicopter outreach programs, drug demand reduction presentations at local schools, and Camp Minuteman, a motivational summer youth experience at Camp Murray; and
WHEREAS, The Guard makes a major contribution to our state’s counter drug effort by providing over seventy soldiers and airmen on duty throughout the year in twenty-six different local, state, and federal law enforcement agencies; and
WHEREAS, In communities throughout the state, the Guard continues to be an essential source of social support for our communities by making armories available for public use as classrooms, food banks, and centers for community and youth activities. The Guard also answered numerous calls for assistance from local communities for missions varying from traditional color guards to hauling food in support of anti-hunger initiatives; and
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate expresses its appreciation to the families and employers of our Guard soldiers and airmen for their support without which the Guard’s mission could not be successful; and
BE IT FURTHER RESOLVED, That the Senate specifically and particularly recognize the value of a strong Washington National Guard to the economy and well-being of this state, both through the performance of its state disaster relief mission, and through the ongoing benefit to local communities by the presence of productively employed, drug free, and efficiently trained Guard members and the armories that house them; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted to the Adjutant General of the Washington National Guard, the Governor of the state of Washington, the Secretary of the Army, the Secretary of Defense, the Secretary of the Air Force, and to the President of the United States, the Honorable Bill Clinton.
Senators West, Morton, Haugen and Betti Sheldon spoke to Senate Resolution 1998-8685.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the Army and Air National Guard, who were seated in the gallery.
ENGAGEMENT ANNOUNCED
The President extended congratulations to Senator Goings upon his recent engagement to Amy Morrison, a former Senate employee.
MOTION
At 10:16 a.m., on motion of Senator Johnson, the Senate recessed until 10:45 a.m.
The Senate was called to order at 11:03 a.m. by President Owen.
MOTION
On motion of Senator Johnson, the Senate reverted to the seventh order of business.
THIRD READING
SENATE BILL NO. 5064, by Senators Roach, Haugen, Johnson, Winsley and Rossi (by request of Secretary of State Munro)
Regulating the dissolution of limited partnerships.
The bill was read the third time.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5064.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5064 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn - 49. SENATE BILL NO. 5064, 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.
THIRD READING
SENATE BILL NO. 5742, by Senators Wood, Winsley and West
Rescinding a retirement allowance agreement.
The bill was read the third time.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5742.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5742 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn - 49. SENATE BILL NO. 5742, 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.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5634, Senate Committee on Health and Long-Term Care (originally sponsored by Senators Wojahn, Deccio, Winsley, Long, Horn and Kohl)
Providing for osteoporosis prevention and treatment education.
The bill was read the third time.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5634.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5634 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn - 49. SUBSTITUTE SENATE BILL NO. 5634, 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.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5355, by Senate Committee on Ways and Means (originally sponsored by Senators Benton, Brown, Swecker, Finkbeiner, Patterson, Rossi and Winsley)
Exempting certain property donated to charitable organizations.
The bill was read the third time.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5355.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5355 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn - 49. SUBSTITUTE SENATE BILL NO. 5355, 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.
THIRD READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5035, by Senate Committee on Law and Justice (originally sponsored by Senator Roach)
Establishing the crime of mail theft or receipt of stolen mail.
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 5035 was returned to second reading and read the second time.
MOTION
Senator Roach moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authorized depository" means a mailbox, post office box, or rural box used by postal customers to deposit outgoing mail or used by the postal service to deliver incoming mail.
(2) "Letter box" means a receptacle intended or used for the receipt or delivery of mail on a mail route.
(3)(a) "Mail" means a letter, card, parcel, or other material that:
(i) Is sent or delivered by means of the postal service;
(ii) Has postage affixed by the postal customer or postal service; and
(iii) Is placed in an authorized depository or mail receptacle.
(b) "Mail" includes articles contained in mail.
(4) "Mail receptacle" means a place used by the postal service or postal customers to place outgoing mail or receive incoming mail.
(5) "Postage" means a postal service stamp, permit imprint, meter strip, or other authorized indication of prepayment for service provided by the postal service for collection and delivery of mail.
(6) "Postal service" means the United States postal service.
NEW SECTION. Sec. 2. (1) A person commits the crime of obstruction of mails if the person intentionally obstructs or delays:
(a) The passage of the mail; or
(b) A carrier or conveyance carrying the mail.
(2) Obstruction of mails is a gross misdemeanor.
NEW SECTION. Sec. 3. (1) A person commits the crime of destruction of letter boxes or mail if the person knowingly:
(a) Tears down or destroys a letter box belonging to another;
(b) Breaks open a letter box belonging to another; or
(c) Injures, destroys, or defaces mail, belonging to another, that has been deposited in a letter box.
(2) Destruction of letter boxes or mail is a class C felony.
NEW SECTION. Sec. 4. (1) A person commits the crime of mail theft or receipt of stolen mail if the person knowingly:
(a) Takes or, by fraud or deception, obtains mail from a mail receptacle, authorized depository, or mail carrier;
(b) Secretes, embezzles, or destroys mail;
(c) Takes or, by fraud or deception, obtains mail that has been left for collection on or adjacent to an authorized depository or mail receptacle; or
(d) Buys, receives, conceals, or unlawfully possesses mail knowing that the mail was taken, obtained, or embezzled as described in this subsection.
(2) When a person has in his or her possession or control stolen mail addressed to two or more different addresses, he or she is presumed to know that the mail is stolen. This presumption may be rebutted by evidence raising a reasonable inference that the possession of such stolen mail was without knowledge that the mail was stolen.
NEW SECTION. Sec. 5. (1) A person is guilty of mail theft or receipt of stolen mail in the first degree if he or she possesses mail addressed to five or more different addresses.
(2) Mail theft or receipt of stolen mail in the first degree is a class B felony.
NEW SECTION. Sec. 6. (1) A person is guilty of mail theft or receipt of stolen mail in the second degree if he or she possesses mail addressed to four or less different addresses.
(2) Mail theft or receipt of stolen mail in the second degree is a class C felony.
NEW SECTION. Sec. 7. In a prosecution under this chapter, it is a defense that the defendant acted under an honest claim of right in that:
(1) The defendant was unaware that the property was that of another person;
(2) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or
(3) The property involved was that of the defendant's minor child or spouse, unless the parties were not living together as husband and wife and were living in separate abodes at the time of the alleged offense.
NEW SECTION. Sec. 8. Sections 1 through 7 of this act constitute a new chapter in Title 9A RCW.
Sec. 9. RCW 9.94A.320 and 1997 c 365 s 4, 1997 c 346 s 3, 1997 c 340 s 1, 1997 c 338 s 51, 1997 c 266 s 15, and 1997 c 120 s 5 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
XIII Murder 2 (RCW 9A.32.050)
Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
XI Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Manslaughter 1 (RCW 9A.32.060)
X Kidnapping 1 (RCW 9A.40.020)
Child Molestation 1 (RCW 9A.44.083)
Malicious explosion 3 (RCW 70.74.280(3))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Explosive devices prohibited (RCW 70.74.180)
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
Manslaughter 2 (RCW 9A.32.070)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
Drive-by Shooting (RCW 9A.36.045)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
Malicious placement of an explosive 3 (RCW 70.74.270(3))
VI Bribery (RCW 9A.68.010)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Theft of a Firearm (RCW 9A.56.300)
V Persistent prison misbehavior (RCW 9.94.070)
Criminal Mistreatment 1 (RCW 9A.42.020)
Abandonment of dependent person 1 (RCW 9A.42.060)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Sexually Violating Human Remains (RCW 9A.44.105)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Possession of a Stolen Firearm (RCW 9A.56.310)
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Commercial Bribery (RCW 9A.68.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run--Injury Accident (RCW 46.52.020(4))
Hit and Run with Vessel--Injury Accident (RCW 88.12.155(3))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401 (a)(1) (iii) through (v))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Abandonment of dependent person 2 (RCW 9A.42.070)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Mail Theft or Receipt of Stolen Mail 1 (section 5 of this act)
Unlawful Practice of Law (RCW 2.48.180)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
Health Care False Claims (RCW 48.80.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
Escape from Community Custody (RCW 72.09.310)
I Mail Theft or Receipt of Stolen Mail 2 (section 6 of this act)
Theft 2 (RCW 9A.56.040)
Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately." Debate ensued.
POINT OF INQUIRY
Senator Morton: “Senator Roach, living on a rural route, I am concerned about the wording as I quickly read through the striker, which I believe it is, Senator Fairley. I am concerned about the number of pieces that may be found in the mail when I bring it from my mail box which may be a neighbor's mail. I would, therefore, be subject to possible prosecution, because somewhere in the postal system, they had inadvertently put my neighbor's mail in--which many times happens. How is that addressed--I notice that there are two, four, and I believe five items mentioned. Would you elaborate a little bit? I am very uncomfortable at this point.”
Senator Roach: “Thank you, Senator Morton. Of course, you know, that I worked for four and a half years for the U. S. Postal Service and my husband currently works for them, so I am very close to these issues. I also live on a rural route, so I am particularly interested in what you are talking about and I have had--usually it is a substitute driver--on a rural route who will inadvertently take a whole big handful of mail and stick it in your box. It happens once every ten years. When it happens, what you do is, you thumb through it and you call your neighbor and say, 'I've got your mail,' or you walk back down to the box and you put it in yourself.
“The situation that you have just spoken to would probably be resolved that way. Certainly, you would make an effort to get that mail out of your house and the only reason that law enforcement would be in your house is if they had a search warrant based on what?. I think the likelihood of the scenario that you have developed is very, in fact, unlikely and I believe that we need to get to the problem of this mail theft and fraud in Washington State. It is a very good bill; I don't see that what you are talking about is going to be a very big problem. Remember, the mail is something that is very intrusive and evasive when someone steals it and I think we need to get to the root of the problem.”
POINT OF INQUIRY
Senator Patterson: “Senator Roach, I probably should have been paying closer attention to this bill last year. Does this bill mean that if this happens in my district and teenage boys will go out and whack mailboxes with sticks or baseball bats, which, of course, we all know is a very bad thing to do, with passage of this bill, would this now make them guilty of a class C felony for being involved in that kind of behavior?”
Senator Roach: “No, it would make it, however, a misdemeanor--a gross misdemeanor--to obstruct the mails. The destruction of letter boxes would be a class C felony. Let me describe what it is like on my rural route. They take their trucks and come by with a board affixed to the front fender and run over these boxes. In fact, some of us have found this not too funny. We don't tell too many people this, but we build a cement foundation for our mail boxes and then put wood around the side, so the next person that comes by--we'll just take the doggone bumper off their car.
“This is a major, major problem and it isn't funny when somebody is messing around with your property, especially when it holds something as near and dear to you as your paycheck, your credit card, your Mother's Day card from you son that has been away for awhile. Heck with them! Let them take the punishment for going out and just destroying somebody's property.”
Senator Patterson: “So, the answer to the question is that these teenage boys in my district who behave badly and go out and hit my mailbox with a baseball bat--with the passage of this law--would now become guilty of a class C felony?”
MOTION
On motion of Senator Johnson, further consideration of Engrossed Substitute Senate Bill No. 5035 was deferred.
MOTION
At 11:32 a.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Tuesday, January 27, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate