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NINETEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, January 30, 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 except Senators Finkbeiner and Schow.
The Sergeant at Arms Color Guard, consisting of Pages Jennifer Anderson and Stephany Yerger, presented the Colors. Reverend Wayne Lobaugh, pastor of the Crossroads Church of Rochester, and a guest of Senator Dan Swecker, 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 29, 1998
SB 5158 Prime Sponsor, Senator Kohl: Providing economic incentives for employer-sponsored child-care benefits. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 5158 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.
Referred to Committee on Ways and Means.
January 28, 1998
SB 5468 Prime Sponsor, Senator Rasmussen: Promoting beekeeping operations. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 5468 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 5708 Prime Sponsor, Senator Kohl: Requiring liability insurance for child day-care providers. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5708 be substituted therefor, and the second substitute bill do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 5972 Prime Sponsor, Senator McCaslin: Clarifying the time limit for accepting contributions received by mail. Reported by Committee on Government Operations
MAJORITY Recommendation: That Substitute Senate Bill No. 5972 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6156 Prime Sponsor, Senator Swecker: Studying methods for calculating water-dependent lease rates on state-owned aquatic lands. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 6156 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Snyder, Stevens and Swecker.
Referred to Committee on Ways and Means.
January 28, 1998
SB 6210 Prime Sponsor, Senator Prince: Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6255 Prime Sponsor, Senator Morton: Modifying the duties of the apiary committee and repealing the industry apiary program. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 6255 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Fraser, McAuliffe, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6259 Prime Sponsor, Senator Swecker: Authorizing the creation of lake management service areas. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 6259 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; McAuliffe, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6260 Prime Sponsor, Senator Swecker: Changing lake management district provisions. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 6260 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6261 Prime Sponsor, Senator Swecker: Creating an aquatic plant management permit program. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: That Substitute Senate Bill No. 6261 be substituted therefor, and the substitute bill do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Oke and Rasmussen.
Referred to Committee on Ways and Means.
January 29, 1998
SB 6282 Prime Sponsor, Senator Swecker: Planning for the impact of federally listed threatened and endangered species. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: That Substitute Senate Bill No. 6282 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Snyder, Stevens and Swecker.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6287 Prime Sponsor, Senator T. Sheldon: Adding inhabitants of county as recipients of water works benefits. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6392 Prime Sponsor, Senator Strannigan: Providing financial support to licensed overnight youth shelters. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.
Referred to Committee on Ways and Means.
January 29, 1998
SB 6398 Prime Sponsor, Senator McCaslin: Regulating voting system tests. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
January 29, 1998
SB 6429 Prime Sponsor, Senator Long: Allowing the children's trust fund to retain its proportionate share of earnings. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.
Passed to Committee on Rules for second reading.
MOTIONS
On motion of Senator Johnson, Senate Bill No. 6261 was referred to the Committee on Ways and Means.
On motion of Senator Johnson, Senate Bill No. 6392 was referred to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
January 28, 1998
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 2894, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6728 by Senators Newhouse, Loveland, Morton, Rasmussen, Deccio and Schow
AN ACT Relating to the taxation of activities conducted for hop commodity commissions or boards; and adding a new section to chapter 82.04 RCW.
Referred to Committee on Ways and Means.
SB 6729 by Senators Prentice, Winsley, Finkbeiner, Fairley, Rasmussen and Kline
AN ACT Relating to financing needs for senior housing; creating new sections; providing an expiration date; and declaring an emergency.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6730 by Senators Strannigan, Roach, Long, Hargrove and Oke
AN ACT Relating to restrictions in parenting plans; and amending RCW 26.09.191.
Referred to Committee on Law and Justice.
SB 6731 by Senators Newhouse and Deccio
AN ACT Relating to airport property in this state belonging to municipal corporations in adjoining states; and repealing RCW 84.36.130.
Referred to Committee on Ways and Means.
SB 6732 by Senators Thibaudeau, Kohl and Long
AN ACT Relating to clothing, personal maintenance, and incidental allowances within the department of social and health services; adding a new section to chapter 74.08 RCW; and providing an effective date.
Referred to Committee on Human Services and Corrections.
SB 6733 by Senators Rossi, Roach, Stevens, Oke, Goings and T. Sheldon
AN ACT Relating to limitations on recovery of noneconomic damages by drivers under the influence of alcohol or drugs; and adding new sections to chapter 4.24 RCW.
Referred to Committee on Law and Justice.
SB 6734 by Senator Schow
AN ACT Relating to employee leasing; adding a new section to chapter 51.16 RCW; and adding a new section to chapter 51.08 RCW.
Referred to Committee on Commerce and Labor.
SB 6735 by Senator Swecker
AN ACT Relating to residential education programs in southwest Washington; and adding a new section to chapter 28A.190 RCW.
Referred to Committee on Education.
INTRODUCTION AND FIRST READING OF HOUSE BILL
EHB 2894 by Representatives Huff, K. Schmidt, Robertson, Lisk, Carrell, Mastin, Sehlin, Dyer, Mitchell, Pennington, Talcott, Lambert, Buck, D. Schmidt, L. Thomas, Benson, Clements, Skinner, Ballasiotes, Delvin, Parlette, Cooke, Hickel, B. Thomas, Johnson, DeBolt, Hankins, Cairnes, Crouse, Wensman, Mielke, Sherstad, Honeyford, McCune, Koster, Dunn, McDonald, Reams, Sheahan, Sterk, Schoesler, D. Sommers, Bush, Chandler, McMorris, Boldt, Backlund, Mulliken, Van Luven, Radcliff, Alexander, Zellinsky and Thompson
Reallocating motor vehicle excise tax and general fund resources for the purpose of transportation and local criminal justice funding and tax reduction.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator McAuliffe, the following resolution was adopted:
SENATE RESOLUTION 1998-8689
By Senators McAuliffe, B. Sheldon, Loveland, Fairley, Wood, Stevens, Haugen, Patterson, Kline, Rossi, Deccio, Prentice, Goings, Heavey, Spanel, Jacobsen, Bauer, Oke, Johnson, Rasmussen, Hale, Fraser and Kohl
WHEREAS, It is the mission of the school districts in the state of Washington to provide all students with the best possible education; and
WHEREAS, School boards set the direction for the public schools by envisioning the future of education; and
WHEREAS, School boards set policies and procedures to govern all aspects of school district operation; and
WHEREAS, School boards keep attention focused on progress toward their school districts' goals and maintain a two-way communications loop with all segments of their communities; and
WHEREAS, Serving on a school board requires an unselfish devotion of time and service to carry on the mission and business of the school district; and
WHEREAS, School board members must respond on behalf of the community to the educational needs of students; and
WHEREAS, School board members voluntarily accept the above-mentioned responsibilities;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby join in the celebration of January 1998, as School Board Recognition Month in Washington State and encourages all citizens to publicly and privately thank the school board members from all school districts for their dedicated service to our children.
Senators McAuliffe, Betti Sheldon, Rasmussen and Hochstatter spoke to Senate Resolution 1998-8689.
MOTION
On motion of Senator Oke, the following resolution was adopted:
SENATE RESOLUTION 1998-8690
By Senators Oke, Franklin, Fraser, Kohl and Rasmussen
WHEREAS, One of four high school seniors in Washington are current smokers; and
WHEREAS, Three thousand young people start smoking every day in the United States, one third of whom will eventually die of tobacco-related illnesses; and
WHEREAS, Advertising and peer pressure are strong motivating factors in a teen's decision to start using tobacco; and
WHEREAS, Teens all across Washington are involved in programs and activities such as youth coalitions, peer education, and the American Cancer Society's Youth Speak Out!; and
WHEREAS, These programs are designed to prepare teens to educate younger teens and preteens about the dangers of tobacco use; and
WHEREAS, Teens are speaking out in support of stronger policies to restrict tobacco access and exposure by minors; and
WHEREAS, Youths have opportunities to speak out against tobacco through programs sponsored by local health departments, the American Lung Association, the American Cancer Society, and Washington Doctors Ought to Care;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognizes teens involved in anti-tobacco programs designed to keep tobacco away from minors and eliminate exposure to second-hand smoke; and
BE IT FURTHER RESOLVED, That the Senate recognizes the American Cancer Society’s Speak Out!--where teens from across the state advocate for stronger state laws restricting access and exposure to tobacco by minors; and
BE IT FURTHER RESOLVED, That copies of the resolution be immediately transmitted by the Secretary of the Senate to Astrid Berg, American Lung Association of Washington; Steve Bowman, Washington State Department of Health; Nancy Golosman, Washington Doctors Ought to Care; Willie Stewart, Chairman of the Board, American Cancer Society, Western Pacific Division; Ann Marie Pomerinke, Chief Executive Officer, American Cancer Society, Western Pacific Division; David Harrelson, Program Manager for Tobacco Control, American Cancer Society, Western Pacific Division; and Attorney General Christine Gregoire.
Senators Oke and Franklin spoke to Senate Resolution 1998-8690.
MOTION
At 10:23 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:26 a.m. by President Owen.
MOTION
On motion of Senator Johnson, the Senate reverted to the seventh order of business.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5527, by Senate Committee on Agriculture and Environment (originally sponsored by Senators McDonald, Rasmussen, Sellar, Fraser and Anderson)
Providing incentives for water-efficient irrigation systems.
MOTION
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5527 was returned to second reading and read the second time.
MOTIONS
On motion of Senator Morton, the following amendment was adopted:
On page 6, beginning on line 21, delete:
"NEW SECTION. Sec. 11. 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 July 1, 1997." On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 3, after "section;" insert "and" and after "date" delete "; and declaring an emergency."
MOTION
On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 5527 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5527.
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ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5527 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, 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, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senators Finkbeiner and Schow - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 5527, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.
THIRD READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5033, by Senate Committee on Law and Justice (originally sponsored by Senator Roach)
Concerning the crime of possessing stolen property in the second degree.
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 5033 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:
"Sec. 1. RCW 9A.56.160 and 1995 c 129 s 15 are each amended to read as follows:
(1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen check or draft; or
(e) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars.
(2) Possessing stolen property in the second degree is a class C felony.
Sec. 2. RCW 9A.56.140 and 1987 c 140 s 3 are each amended to read as follows:
(1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.
(3) When a person ((not an issuer or agent thereof)) has in his or her possession, or under his or her control, stolen access devices issued in the names of two or more persons, he ((shall be)) or she is presumed to know that they are stolen.
((This)) (4) When a person has in his or her possession, or under his or her control, two or more stolen checks with different account numbers, he or she is presumed to know that they are stolen.
(5) The presumptions ((may be rebutted)) in subsections (3) and (4) of this section are rebuttable by evidence raising a reasonable inference that the possession of such stolen access devices, checks, or drafts was without knowledge that they were stolen.
Sec. 3. RCW 9A.56.010 and 1997 c 346 s 2 are each amended to read as follows:
The following definitions are applicable in this chapter unless the context otherwise requires:
(1) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property;
(2) "By color or aid of deception" means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services;
(3) "Access device" means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument;
(4) "Check" and "draft" each have the meanings given in RCW 62A.3-104;
(5) "Deception" occurs when an actor knowingly:
(a) Creates or confirms another's false impression which the actor knows to be false; or
(b) Fails to correct another's impression which the actor previously has created or confirmed; or
(c) Prevents another from acquiring information material to the disposition of the property involved; or
(d) Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or
(e) Promises performance which the actor does not intend to perform or knows will not be performed((.));
(((5))) (6) "Deprive" in addition to its common meaning means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs;
(((6))) (7) "Obtain control over" in addition to its common meaning, means:
(a) In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or
(b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another;
(((7))) (8) "Wrongfully obtains" or "exerts unauthorized control" means:
(a) To take the property or services of another;
(b) Having any property or services in one's possession, custody or control as bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto; or
(c) Having any property or services in one's possession, custody, or control as partner, to secrete, withhold, or appropriate the same to his or her use or to the use of any person other than the true owner or person entitled thereto, where such use is unauthorized by the partnership agreement;
(((8))) (9) "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services;
(((9))) (10) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property;
(((10))) (11) "Services" includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water;
(((11))) (12) "Stolen" means obtained by theft, robbery, or extortion;
(((12))) (13) "Subscription television service" means cable or encrypted video and related audio and data services intended for viewing on a home television by authorized members of the public only, who have agreed to pay a fee for the service. Subscription services include but are not limited to those video services presently delivered by coaxial cable, fiber optic cable, terrestrial microwave, television broadcast, and satellite transmission;
(((13))) (14) "Telecommunication device" means (a) any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic or electronic communications; or (b) any part of such an instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component, that is capable of facilitating the transmission or reception of telephonic or electronic communications;
(((14))) (15) "Telecommunication service" includes any service other than subscription television service provided for a charge or compensation to facilitate the transmission, transfer, or reception of a telephonic communication or an electronic communication;
(((15))) (16) Value. (a) "Value" means the market value of the property or services at the time and in the approximate area of the criminal act.
(b) Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;
(ii) The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public;
(iii) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(c) Whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said transactions shall be the value considered in determining the degree of theft involved.
(d) Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all said stolen property shall be the value considered in determining the degree of theft involved.
(e) Property or services having value that cannot be ascertained pursuant to the standards set forth above shall be deemed to be of a value not exceeding two hundred and fifty dollars;
(((16))) (17) "Shopping cart" means a basket mounted on wheels or similar container generally used in a retail establishment by a customer for the purpose of transporting goods of any kind;
(((17))) (18) "Parking area" means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle.
NEW SECTION. Sec. 4. 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."
POINT OF INQUIRY
Senator Fairley: “Senator Roach, did you mean in this so-called technical amendment to leave out Section 4, which refers to the theft of a check? It was in last year's bill. It is not in this technical amendment.”
Senator Roach: “Senator Fairley, this was prepared by staff. I will check that out, but I have on mine a new Section 4. I see staff running around and I was going to have them answer this question.”
Senator Fairley: “The technical amendment that I have Senator Roach, Section 4 is the emergency clause. In the old bill we passed, Section 4 referred to second degree theft.”
Senator Roach: “I have no knowledge that it wasn't exactly as the bill that we had before us last year, Senator Fairley, with the exception of changing the portion. I certainly appreciate you pointing that out and we will certainly have staff re-look at this--if this amendment has been drafted incorrectly.”
Senator Fairley: “It is a totally different bill.”
MOTION
On motion of Senator Roach, further consideration of Engrossed Substitute Senate Bill No. 5033 was deferred.
MOTION
On motion of Senator Hale, Senator Finkbeiner was excused.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5347, by Senate Committee on Natural Resources and Parks (originally sponsored by Senators Roach, Oke, Winsley, Snyder, Bauer, Swecker, Morton, Schow, Zarelli, Rossi, Strannigan and Rasmussen)
Creating a program for juvenile fishing only waters.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5347 was returned to second reading and read the second time.
MOTIONS
On motion of Senator Oke, the following amendment by Senators Roach and Stevens was adopted:
On page 2, line 22, after "January 31," strike "1998" and insert "1999"
On motion of Senator Oke, the rules were suspended, Engrossed Substitute Senate Bill No. 5347 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5347.
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ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5347 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, 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, Wood and Zarelli - 48. Excused: Senator Finkbeiner - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5347, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.
THIRD READING
SENATE BILL NO. 5499, by Senators Roach, Johnson, Goings, Jacobsen, Haugen, Horn, Zarelli, McCaslin, Long, Franklin, Winsley, Oke and Rasmussen
Defining when an assault on a bus driver constitutes assault in the third degree.
MOTION
On motion of Senator Roach, the rules were suspended, Senate Bill No. 5499 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:
"Sec. 1. RCW 9A.36.031 and 1997 c 172 s 1 are each amended to read as follows:
(1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
(a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or
(b) Assaults a person employed as a transit operator or driver by a public or private transit company while that person is ((operating or is in control of a vehicle that is owned or operated by the transit company and that is occupied by one or more passengers)) performing his or her official duties at the time of the assault; or
(c) Assaults a school bus driver employed by a school district or a private company under contract for transportation services with a school district while the driver is ((operating or is in control of a school bus that is occupied by one or more passengers)) performing his or her official duties at the time of the assault; or
(d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or
(e) Assaults a fire fighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or
(f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or
(h) Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault. For purposes of this subsection: "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW.
(2) Assault in the third degree is a class C felony.”
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Roach to Senate Bill No. 5499.
The motion by Senator Roach carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Roach, the following title amendment was adopted:
On page 1, line 1 of the title, after "drivers;" strike the remainder of the title and insert "amending RCW 9A.36.031; and prescribing penalties."
On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5499 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5499.
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ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5499 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, 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, Wood and Zarelli - 48. Excused: Senator Finkbeiner - 1. ENGROSSED SENATE BILL NO. 5499, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.
THIRD READING
SENATE BILL NO. 5092, by Senators Roach, Swecker, Zarelli, Schow, Hochstatter, Bauer, McCaslin, Oke and Long
Penalizing disarming a law enforcement officer.
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. 5092.
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ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5092 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, 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, Wood and Zarelli - 48. Excused: Senator Finkbeiner - 1. SENATE BILL NO. 5092, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.
THIRD READING
SENATE BILL NO. 5271, by Senators Horn, Spanel and Long (by request of Legislative Ethics Board)
Allowing an elected official to prepare and send guest editorials or columns that include arguments for or against ballot propositions if the editorial or column is requested by a newspaper.
The bill was read the third time.
Debate ensued.
MOTION
On motion of Senator Johnson, further consideration of Senate Bill No. 5271 was deferred.
MOTION
On motion of Senator Swecker, Senator Anderson was excused.
THIRD READING
SENATE BILL NO. 5203, by Senators Roach, Johnson, Hargrove, Zarelli, Benton, Goings, Oke and Long
Making a defendant's knowledge that a murder victim was pregnant aggravated first degree murder.
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. 5203.
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ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5203 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Deccio, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 38. Voting nay: Senators Brown, Fairley, Kline, Kohl, Prentice, Sheldon, B., Spanel, Thibaudeau and Wojahn - 9. Excused: Senators Anderson and Finkbeiner - 2. SENATE BILL NO. 5203, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:02 p.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Monday, February 2, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate