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THIRTY-FIRST DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 11, 1998

The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown and Zarelli. On motion of Senator Franklin, Senator Brown was excused. On motion of Senator Hale, Senator Zarelli was excused.

The Sergeant at Arms Color Guard, consisting of Eagle Scouts, Richard Marlet, Brian Marlet, Chris Baschuk and Brandon Snow, members of Boy Scout Troop 10 of Olympia, presented the Colors. Reverend Bruce Armstrong, pastor of the Lacey Presbyterian Church, 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.

At 8:40 a.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 9:00 a.m. by President Owen.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

January 13, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Linda Sprenger, reappointed January 13, 1998, for a term ending September 30, 2002, as a member of the Board of Trustees for Green River Community College District No. 10.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Higher Education.

January 16, 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.

Larry Brown, appointed January 16, 1998, for a term ending September 30, 2001, as a member of the Board of Trustees for Green River Community College District No. 10.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Higher Education.

January 16, 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.

Elmer J. Ward, appointed January 16, 1998, for a term ending September 30, 2002, as a member of the Board of Trustees for Yakima Valley Community College District No. 16.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Higher Education.

January 16, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Arnold Wright, reappointed January 16, 1998, for a term ending September 30, 2002, as a member of the Board of Trustees for Clover Park Technical College District No. 29.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Higher Education.

January 22, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Patrick McElligott, reappointed January 22, 1998, for a term ending December 31, 2000, as a member of the Investment Board.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Ways and Means.

January 29, 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.

Andrew Palmer, appointed January 29, 1998, for a term ending December 26, 1998, as a member of the Board of Pilotage Commissioners.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Transportation.

MESSAGE FROM THE HOUSE

February 9, 1998

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1490,

SECOND SUBSTITUTE HOUSE BILL NO. 1501,

SUBSTITUTE HOUSE BILL NO. 1829,

SUBSTITUTE HOUSE BILL NO. 2299,

SUBSTITUTE HOUSE BILL NO. 2316,

SUBSTITUTE HOUSE BILL NO. 2326,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2330,

HOUSE BILL NO. 2387,

SUBSTITUTE HOUSE BILL NO. 2389, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

ESHB 1490 by House Committee on Law and Justice (originally sponsored by Representatives Thompson, Mielke, L. Thomas, McMorris, Chandler, Sterk and Delvin)

Clarifying liability of drivers of authorized emergency vehicles.

Referred to Committee on Law and Justice.

SHB 1829 by House Committee on Commerce and Labor (originally sponsored by Representative Van Luven)

Requiring a record of transaction for trade-in or exchange of computer hardware.

Referred to Committee on Commerce and Labor.

SHB 2299 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville, Carlson and Costa) (by request of Department of Ecology)

Allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control.

Referred to Committee on Agriculture and Environment.

SHB 2316 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, Scott, Sheahan and McDonald)

Revising provisions relating to release of information about sex offenders and kidnapping offenders.

Referred to Committee on Human Services and Corrections.

SHB 2326 by House Committee on Law and Justice (originally sponsored by Representatives Sterk, Bush, Van Luven, Dunn and Sheahan)

Limiting access to law enforcement personnel records and internal affairs files.

Referred to Committee on Law and Justice.

ESHB 2330 by House Committee on Education (originally sponsored by Representatives Hickel, Johnson, Backlund and D. Sommers)

Authorizing church schools.

Referred to Committee on Education.

HB 2387 by Representatives Sheahan, Constantine and Costa

Regulating shareholder rights under the Washington business corporation act.

Referred to Committee on Law and Justice.

SHB 2389 by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Constantine and Costa)

Allowing for interstate professional services corporations.

Referred to Committee on Law and Justice.

MOTION

On motion of Senator West, the following resolution was adopted:

SENATE RESOLUTION 1998-8696

By Senators West, McDonald, Fairley, Benton, Oke, Schow, Sellar, Johnson, Newhouse, Zarelli, Strannigan, Roach, Patterson, Rossi, McAuliffe, Brown, Prince, Snyder, Horn, Rasmussen, T. Sheldon, Goings, Kohl, Loveland, Spanel, Franklin, Bauer, Prentice, McCaslin, Haugen, Wojahn, Long and Fraser

WHEREAS, The Boy Scouts of America has been an integral part of youth activities in the United States for over eighty-eight years; and

WHEREAS, The Boy Scouts of America’s official mission statement is to “serve others by helping to instill values in young people and, in other ways, to prepare them to make ethical choices during their lifetime in achieving their full potential”; and

WHEREAS, The Scout law which reads, “A Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent” provides an ethical code we would all do well to follow; and

WHEREAS, The Scout motto of “be prepared” and the Scout slogan of, “do a good turn daily” help furnish all youth and adults positive goals to guide them; and

WHEREAS, The learning for life program helps to instill children with the values of good character, citizenship and personal fitness; and

WHEREAS, Scouts around the nation have participated in numerous community programs, such as, Scouting for Food, and the Organ Donor Awareness Drive; and

WHEREAS, Nationally more than 4.5 million youth are involved in scouting activities, ranging from Tiger Cubs through Explorers, which is a four percent increase in membership from 1996; and

WHEREAS, Gary Locke, the Governor of the state of Washington has been awarded the distinguished Eagle Scout award and is a former counselor at a Boy Scout summer camp; and

WHEREAS, More than forty-eight members of the Washington State Legislature have been members of scouting organizations or volunteer their time to assist scouting activities;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognizes the positive influence the Boy Scouts of America have on the youth of our state and the Senate applauds the work of the six councils of the Boy Scouts of America for the programs they provide to our children; and

BE IT FURTHER RESOLVED, That the Washington State Senate encourages all agencies of the state to recognize the service and benefits that the Boy Scouts of America provide; and

BE IT FURTHER RESOLVED, That a copy of this resolution be transmitted by the Secretary of the Senate to Gary Locke, Governor; the Governor’s cabinet officers; all statewide elected officials; the National Boy Scouts of America Office; the Western Region Office of the Boy Scouts of America; and to the six Boy Scout Councils serving Washington State.

INTRODUCTION OF SPECIAL GUESTS

The President thanked the Eagle Scouts who presented the Colors for the opening of the session this morning and also welcomed and introduced the Boy Scouts, who were seated in the gallery.

MOTION

On motion of Senator Franklin, the following resolution was adopted:

SENATE RESOLUTION 1998-8697

By Senators Franklin, Prentice, Loveland, Snyder, Thibaudeau, Spanel, B. Sheldon, Fraser, T. Sheldon, Roach, Winsley, Rasmussen, Stevens, Wojahn, Long, McAuliffe, Kline, Patterson, Zarelli, Bauer, Deccio, Fairley, Haugen, Jacobsen, Rossi, Strannigan, Horn, Morton, Goings, Prince, Wood, West, Johnson, McCaslin and Kohl

WHEREAS, The month of February, 1998, marks the sixth-first anniversary of an official Black History celebration; and

WHEREAS, This month also marks the twenty-first anniversary of the official observance of Black History Month; and

WHEREAS, There is still a widespread lack of knowledge among the general population that African Americans have played major roles and contributed in every aspect to the development and building of our country; and

WHEREAS, The actual history of Africans, in Africa and around the world, is that of a fascinating and enlightening journey of both African peoples and individuals; and

WHEREAS, The history of Africans in the Americas dates back to 1619, a year before the Mayflower landed, with the arrival of the first African slaves; and

WHEREAS, The full story of Africans at home and abroad goes far beyond the traditionally emphasized experience of domination by and subjugation to others in the New World; and

WHEREAS, Black History Month affords students of all backgrounds the chance to see the accomplishments and contributions of Africans, both in Africa and around the world; and

WHEREAS, For many young people, Black History Month has led to exposure to literature, art, philosophy, and culture that they otherwise might never experience; and

WHEREAS, The study of the history of African Americans and their contributions can broaden our views and strengthen racial relations within our country’s diverse population;

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and appreciate the many benefits of Black History Month to our citizenry and to our culture in general, and that we urge all citizens of the state of Washington to join with us in taking the opportunity this month to explore this rich history and expand our world view.

Senators Franklin, Long and Jacobsen spoke to Senate Resolution 1998-8697.

MOTION

On motion of Senator Johnson, the Senate reverted to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator West, Gubernatorial Appointment No. 9126, Richard Thompson, as Director of the Office of Financial Management, was confirmed.

APPOINTMENT OF RICHARD THOMPSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, Bauer, Benton, 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 and Wood - 47. Excused: Senators Brown and Zarelli - 2.MOTION

On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9300, William Marler, as a member of the Board of Regents for Washington State University, was confirmed.

APPOINTMENT OF WILLIAM MARLER

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, Bauer, 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 and Wood - 47. Absent: Senator Benton - 1. Excused: Senator Zarelli - 1.SECOND READING

SENATE BILL NO. 6192, by Senators Sellar, Snyder and Winsley (by request of State Investment Board)

Providing for the operation of the state investment board.

The bill was read the second time.

MOTION

On motion of Senator Sellar, the rules were suspended, Senate Bill No. 6192 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6192.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6192 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SENATE BILL NO. 6192, 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.

SECOND READING

SENATE BILL NO. 6182, by Senators Johnson and Roach

Allowing for interstate professional services corporations.

MOTIONS

On motion of Senator Johnson, Substitute Senate Bill No. 6182 was substituted for Senate Bill No. 6182 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6182 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 Substitute Senate Bill No. 6182.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6182 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

SUBSTITUTE SENATE BILL NO. 6182, 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.

SECOND READING

SUBSTITUTE SENATE BILL NO. 5305, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Fairley, Wojahn, Goings, McAuliffe, Patterson and Kohl)

Controlling drugs used to facilitate rape.

The bill was read the second time.

MOTION

Senator Deccio moved that the following Committee on Health and Long-Term Care amendment be adopted:

On page 30, after line 27, insert the following:

"Sec. 6. RCW 9A.44.050 and 1997 c 392 s 514 are each amended to read as follows:

(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

(a) By forcible compulsion;

(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated, including controlled substance-induced physical helplessness or mental incapacity caused by the perpetrator of the rape;

(c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;

(e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

(2) Rape in the second degree is a class A felony.

Sec. 7. RCW 9A.44.100 and 1997 c 392 s 515 are each amended to read as follows:

(1) A person is guilty of indecent liberties when he or she knowingly causes another person who is not his or her spouse to have sexual contact with him or her or another:

(a) By forcible compulsion;

(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless, including controlled substance-induced physical helplessness or mental incapacity caused by the perpetrator of the rape;

(c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

(2) Indecent liberties is a class B felony.

NEW SECTION. Sec. 8. A new section is added to chapter 9A.44 RCW to read as follows:

Rape crisis centers, law enforcement, and hospital emergency rooms shall provide to all personnel investigating cases of sexual assault training on how to recognize the presence of sedating substances, how to test for such substances, and the appropriate chain of custody procedure to follow so that such evidence may be used in a court of law. The training required by this section may be incorporated into existing training programs."

MOTION

On motion of Senator Johnson, further consideration of Substitute Senate Bill No. 5305 was deferred.

SECOND READING

SENATE BILL NO. 6213, by Senators McCaslin, Snyder, B. Sheldon, Roach, T. Sheldon, Bauer and West

Extending the long arm statute to district court civil cases.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 6213 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 Senate Bill No. 6213.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6213 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SENATE BILL NO. 6213, 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.

SECOND READING

SENATE BILL NO. 6303, by Senators Bauer, Long, Franklin, Winsley, Rossi, Roach and Fraser (by request of Joint Committee on Pension Policy)

Restoring retirement service credit.

The bill was read the second time.

MOTION

On motion of Senator West, the rules were suspended, Senate Bill No. 6303 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6303.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6303 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SENATE BILL NO. 6303, 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.

SECOND READING

SENATE BILL NO. 6259, by Senators Swecker, Rasmussen and Winsley

Authorizing the creation of lake management service areas.

MOTIONS

On motion of Senator Morton, Substitute Senate Bill No. 6259 was substituted for Senate Bill No. 6259 and the substitute bill was placed on second reading and read the second time.

Senator Fraser moved that the following amendment by Senators Fraser and Swecker be adopted:

On page 3, line 11, after "property" delete ", and except that the special assessments or rates and charges imposed on public property may not exceed the special assessments or rates and charges imposed on adjacent private property"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Swecker on page 3, line 11, to Substitute Senate Bill No. 6259.

The motion by Senator Fraser carried and the amendment was adopted.

MOTION

On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 6259 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Roach: “Senator Swecker, I'm looking at this and many of us represent rather urban areas and we have a lot of people that live around the lakes. This came through the Ag committee and maybe some of us haven't had a chance to look at it -as specifically as we would like to. Am I reading this correctly, then--we are going to be creating a new governmental body and they would be what--elected by the people around the lake? Who defines the area that will be the electorate and what powers will this new governing body have and from where will they be taking the power--granted from the people--but does this mean from a county government, a city government--who is doing the job now?”

Senator Swecker: “Thank you for your question. When the Lake Health Task Force began its meetings, the first thing that we recognized was that there weren't very many good options for dealing with in-lake problems. These problems, of course, have been increasing over the years with urbanization. They are particularly bad in the urban areas. So, this bill was designed to add another tool for lake residents to set up a district and help to control problems like, you know, weed infestation--and other kinds of things. This bill allows for this body to be set up--let me clarify the point--yes, the district is set up--I'll get that information for you, Senator Roach.”

MOTION

On motion of Senator Johnson, further consideration of Engrossed Substitute Senate Bill No. 6259 was deferred.

SECOND READING

SENATE BILL NO. 6210, by Senators Prince, Loveland, Morton and Rasmussen

Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state.

The bill was read the second time.

MOTION

On motion of Senator Morton, the rules were suspended, Senate Bill No. 6210 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 Senate Bill No. 6210.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6210 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SENATE BILL NO. 6210, 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.

SECOND READING

SENATE BILL NO. 6228, by Senators Haugen, Morton, Rasmussen, Prentice, Prince and Wood

Adjusting aircraft dealers' license fees and their distribution.

The bill was read the second time.

MOTION

On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6228 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 Senate Bill No. 6228.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6228 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, 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, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45. Voting nay: Senators Benton, Hochstatter and Stevens - 3. Excused: Senator Zarelli - 1. SENATE BILL NO. 6228, 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.

SECOND READING

SENATE BILL NO. 6516, by Senators Roach, Goings, Hochstatter, Benton, Rossi, Patterson, Oke, Schow, Johnson, McDonald, Stevens, Strannigan, Fraser, Sellar, Prentice, Bauer and Rasmussen

Providing for the possibility of life imprisonment for first degree murder.

MOTIONS

On motion of Senator Roach, Substitute Senate Bill No. 6516 was substituted for Senate Bill No. 6516 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 6516 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 Substitute Senate Bill No. 6516.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6516 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, 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, Wojahn and Wood - 40. Voting nay: Senators Fairley, Franklin, Kline, Kohl, Prentice, Sheldon, B., Spanel and Thibaudeau - 8. Excused: Senator Zarelli - 1. SUBSTITUTE SENATE BILL NO. 6516, 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.

SECOND READING

SENATE BILL NO. 6122, by Senators Morton and Rasmussen (by request of Department of Agriculture)

Inspecting horticultural products.

The bill was read the second time.

MOTION

On motion of Senator Morton, the rules were suspended, Senate Bill No. 6122 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 Senate Bill No. 6122.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6122 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SENATE BILL NO. 6122, 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.

SECOND READING

SENATE BILL NO. 6183, by Senators Johnson and Roach

Regulating shareholder rights under the Washington business corporation act.

The bill was read the second time.

MOTION

On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6183 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 Senate Bill No. 6183.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6183 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SENATE BILL NO. 6183, 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.

SECOND READING

SENATE BILL NO. 5873, by Senators Benton and Winsley

Determining liability under the model toxics control act.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 5873 was substituted for Senate Bill No. 5873 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5873 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 Substitute Senate Bill No. 5873.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5873 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SUBSTITUTE SENATE BILL NO. 5873, 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.

SECOND READING

SENATE BILL NO. 6501, by Senators Horn, Haugen, Benton, Goings, Wood, Winsley and Oke

Requiring performance budgeting for transportation agencies.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 6501 was substituted for Senate Bill No. 6501 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6501 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 Substitute Senate Bill No. 6501.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6501 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SUBSTITUTE SENATE BILL NO. 6501, 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.

SECOND READING

SENATE BILL NO. 6285, by Senators Goings, McCaslin, Haugen, Winsley, Patterson and Rasmussen

Revising provisions relating to imposition of benefit charges by fire protection districts.

MOTIONS

On motion of Senator McCaslin, Substitute Senate Bill No. 6285 was substituted for Senate Bill No. 6285 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 6285 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 Substitute Senate Bill No. 6285.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6285 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, 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 and Wood - 48. Excused: Senator Zarelli - 1. SUBSTITUTE SENATE BILL NO. 6285, 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.

SECOND READING

SENATE BILL NO. 6130, by Senators Swecker, Fraser, Patterson and Winsley (by request of Department of Ecology)

Regulating underground storage tanks.

MOTIONS

On motion of Senator Morton, Substitute Senate Bill No. 6130 was substituted for Senate Bill No. 6130 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 6130 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 Substitute Senate Bill No. 6130.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6130 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47. Absent: Senator Sellar - 1. Excused: Senator Zarelli - 1. SUBSTITUTE SENATE BILL NO. 6130, 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.

POINT OF INQUIRY

Senator McCaslin: “Other than the first bill, are we going to go straight down the calendar, Senator Johnson?”

Senator Johnson: “Well, that's the plan.”

Senator McCaslin: “That's the plan. Then, those of us who have to speak will know when we are coming up?”

Senator Johnson: “Yes.”

Senator McCaslin: “Thank you.”

MOTION

On motion of Senator Hale, Senators Anderson and Sellar were excused.

SECOND READING

SENATE BILL NO. 5631, by Senators Wood, Jacobsen and Oke

Exempting education loan guarantee services from business and occupation tax.

The bill was read the second time.

MOTION

On motion of Senator Wood, the rules were suspended, Senate Bill No. 5631 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 Senate Bill No. 5631.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5631 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators 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, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46. Excused: Senators Anderson, Sellar and Zarelli - 3. SENATE BILL NO. 5631, 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.

MOTIONS

On motion of Senator Hale, Senator Schow was excused.

On motion of Senator Goings, Senator Hargrove was excused.

On motion of Senator Kline, Senators Loveland, Tim Sheldon and Snyder were excused.

SECOND READING

SENATE BILL NO. 5660, by Senators Kohl, Long, Hargrove and Winsley

Requiring notice of enforcement actions taken against child day-care centers and family day-care providers.

MOTIONS

On motion of Senator Long, Second Substitute Senate Bill No. 5660 was substituted for Senate Bill No. 5660 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Long, the rules were suspended, Second Substitute Senate Bill No. 5660 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 Second Substitute Senate Bill No. 5660.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5660 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 42. Excused: Senators Anderson, Hargrove, Loveland, Schow, Sheldon, T., Snyder and Zarelli - 7. SECOND SUBSTITUTE SENATE BILL NO. 5660, 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.

SECOND READING

SENATE BILL NO. 6076, by Senators West, Wood, Bauer, Anderson, Kohl, Long, Spanel, Swecker, Finkbeiner, Winsley, Hale, Horn and Hochstatter

Changing the adjustment of state appropriations for needy student financial aid.

The bill was read the second time.

MOTION

On motion of Senator West, the rules were suspended, Senate Bill No. 6076 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 Senate Bill No. 6076.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6076 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.

Voting nay: Senator Prince - 1.

Excused: Senators Anderson, Hargrove, Loveland, Sheldon, T., Snyder and Zarelli - 6. SENATE BILL NO. 6076, 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.

SECOND READING

SENATE BILL NO. 6113, by Senators Wood, West, Thibaudeau, Kohl, Long and Rasmussen

Exempting from taxation property of nonprofit organizations providing medical research or training of medical personnel.

The bill was read the second time.

MOTION

On motion of Senator Wood, the rules were suspended, Senate Bill No. 6113 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6113.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6113 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Spanel, Stevens, Strannigan, Thibaudeau, West, Winsley, Wojahn and Wood - 42. Absent: Senator Swecker - 1. Excused: Senators Anderson, Hargrove, Loveland, Sheldon, T., Snyder and Zarelli - 6. SENATE BILL NO. 6113, 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.

MOTION

At 11:17 a.m., on motion of Senator Johnson the Senate recessed until 1:30 p.m.

The Senate was called to order at 1:30 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Prince, Gubernatorial Appointment No. 9168, Captain Ioannis A. Karakoulakis, as a member of the Board of Pilotage Commissioners, was confirmed.

MOTION

On motion of Senator Franklin, Senators Jacobsen and Betti Sheldon were excused.

APPOINTMENT OF CAPTAIN IOANNIS A. KARAKOULAKIS

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 0; Absent, 7; Excused, 6.

Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Spanel, Stevens, Swecker, Thibaudeau, Wojahn and Wood - 36. Absent: Senators Finkbeiner, Heavey, McAuliffe, Schow, Strannigan, West and Winsley - 7. Excused: Senators Anderson, Jacobsen, Sheldon, B., Sheldon, T., Snyder and Zarelli - 6.

MOTION

On motion of Senator Oke, Gubernatorial Appointment No. 9152, Mickey Fearn, as a member of the Parks and Recreation Commission, was confirmed.

MOTION

On motion of Senator Hale, Senators Strannigan and Winsley were excused.

APPOINTMENT OF MICKEY FEARN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Snyder, Strannigan, Winsley and Zarelli - 4.

SECOND READING

SENATE BILL NO. 5468, by Senators Rasmussen, Morton, Fraser, Newhouse, Oke and Jacobsen

Promoting beekeeping operations.

MOTIONS

On motion of Senator Morton, Substitute Senate Bill No. 5468 was substituted for Senate Bill No. 5468 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5468 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 Substitute Senate Bill No. 5468.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5468 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Snyder, Winsley and Zarelli - 3.

SUBSTITUTE SENATE BILL NO. 5468 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.

SECOND READING

SENATE BILL NO. 6203, by Senators Morton, Fraser, Snyder and Swecker

Authorizing exemptions from solid waste designations.

MOTIONS

On motion of Senator Morton, Substitute Senate Bill No. 6203 was substituted for Senate Bill No. 6203 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Morton, the following amendment was adopted:

On page 6, line 1, after "section" delete "3" and insert "2"

MOTION

On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 6203 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. 6203.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6203 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

Voting nay: Senators Kline, Rasmussen and Wojahn - 3.

Excused: Senators Snyder and Zarelli - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6203, 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.

SECOND READING

SENATE BILL NO. 6341, by Senator Snyder

Allowing certain charter boats to be operated by persons without an alternate operator's license in specific circumstances.

MOTIONS

On motion of Senator Oke, Substitute Senate Bill No. 6341 was substituted for Senate Bill No. 6341 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6341 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 Substitute Senate Bill No. 6341.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6341 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47. Excused: Senators Snyder and Zarelli - 2. SUBSTITUTE SENATE BILL NO. 6341, 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.

SECOND READING

SENATE BILL NO. 6217, by Senators Franklin, Long, Hargrove, Goings, Rasmussen, B. Sheldon, Fraser, Schow and Winsley

Changing provisions relating to guardians ad litem.

MOTIONS

On motion of Senator Long, Substitute Senate Bill No. 6217 was substituted for Senate Bill No. 6217 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6217 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 Substitute Senate Bill No. 6217.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6217 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47. Excused: Senators Snyder and Zarelli - 2. SUBSTITUTE SENATE BILL NO. 6217, 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.

SECOND READING

SENATE BILL NO. 6640, by Senators Morton, Roach, Swecker, McCaslin, Fairley, Goings, Anderson, Oke and Benton

Requiring sex offenders to notify the county sheriff and the state patrol before changing his or her name.

The bill was read the second time.

MOTION

On motion of Senator Long, the rules were suspended, Senate Bill No. 6640 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 Senate Bill No. 6640.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6640 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47. Excused: Senators Snyder and Zarelli - 2. SENATE BILL NO. 6640, 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.

SECOND READING

SENATE BILL NO. 6635, by Senators Sellar, Bauer, Long and Fraser (by request of Department of Retirement Systems)

Administering the deferred compensation plan.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 6635 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 Senate Bill No. 6635.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6635 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, 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., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46. Absent: Senator Hargrove - 1. Excused: Senators Snyder and Zarelli - 2. SENATE BILL NO. 6635, 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.

SECOND READING

SENATE BILL NO. 6492, by Senators Newhouse, Deccio, Johnson, Loveland and McCaslin (by request of Board for Judicial Administration)

Creating two new superior court positions for Yakima county.

MOTIONS

On motion of Senator Roach, Substitute Senate Bill No. 6492 was substituted for Senate Bill No. 6492 and the substitute bill was placed on second reading and read the second time.

Senator Swecker moved that the following amendment by Senators Swecker, Deccio, Newhouse and Bauer be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 2.08.062 and 1996 c 208 s 1 are each amended to read as follows:

There shall be in the counties of Chelan and Douglas jointly, five judges of the superior court; in the county of Clark ((seven)) eight judges of the superior court; in the county of Grays Harbor three judges of the superior court; in the county of Kitsap seven judges of the superior court; in the county of Kittitas one judge of the superior court; in the county of Lewis ((two)) three judges of the superior court.

Sec. 2. RCW 2.08.063 and 1992 c 189 s 3 are each amended to read as follows:

There shall be in the county of Lincoln one judge of the superior court; in the county of Skagit, three judges of the superior court; in the county of Walla Walla, two judges of the superior court; in the county of Whitman, one judge of the superior court; in the county of Yakima ((six)) eight judges of the superior court; in the county of Adams, one judge of the superior court; in the county of Whatcom, three judges of the superior court.

NEW SECTION. Sec. 3. (1) The additional judicial position created by section 1 of this act for the county of Clark takes effect on the effective date of this act, but the actual starting date for this position may be established by the Clark county commissioners upon the request of the superior court.

(2) The additional judicial position created by section 1 of this act for the county of Lewis takes effect on the effective date of this act, but the actual starting date for this position may be established by the Lewis county commissioners upon the request of the superior court.

(3) The additional judicial positions created by section 2 of this act for the county of Yakima take effect on the effective date of this act, but the actual starting dates for these positions may be established by the Yakima county commissioners upon the request of the superior court.

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."

MOTION

Senator Sellar moved that the following amendments by Senator Sellar and Deccio to the striking amendment by Senators Swecker, Deccio, Newhouse and Bauer be considered simultaneously and be adopted:

On page 1, beginning on line 9 of the amendment, after "be in the" strike "counties of Chelan and Douglas jointly, five judges" and insert "((counties)) county of Chelan ((and)) four judges of the superior court; in the county of Douglas ((jointly, five judges)) one judge"

On page 1, after line 24 of the amendment, insert the following:

"Sec. 3. 1996 c 208 s 2 (uncodified) is amended to read as follows:

(1) The three judicial positions serving Chelan and Douglas counties jointly are allocated to Chelan county, effective upon appointment of a judge to the Douglas county superior court. The additional judicial positions created by section 1 ((of this act are)), chapter 208, Laws of 1996, are allocated one to Chelan county and one to Douglas county and each position becomes effective only if ((Chelan and Douglas counties jointly)) each county, through ((their)) its duly constituted legislative ((authorities)) authority, documents ((their)) its approval of the additional position((s)) and ((their)) its agreement that ((they)) it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position((s)) as provided by state law or the state Constitution.

(2) The judicial positions created by section 1 ((of this act)), chapter 208, Laws of 1996, shall be effective January 1, 1997."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Sellar and Deccio on page 1, beginning on line 9, and page 1, after line 24, to the striking amendment by Senators Swecker, Deccio, Newhouse and Bauer to Substitute Senate Bill No. 6492.

The motion by Senator Sellar carried and the amendments to the striking amendment were adopted.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Swecker, Deccio, Newhouse and Bauer, as amended, to Substitute Senate Bill No. 6492.

Debate ensued.

The motion by Senator Swecker carried and the striking amendment, as amended, was adopted.

MOTIONS

On motion of Senator Roach, the following title amendments were considered simultaneously and were adopted:

On page 1, line 1 of the title, after "judges;" strike the remainder of the title and insert "amending RCW 2.08.062 and 2.08.063; creating a new section; and declaring an emergency."

On page 2, line 14 of the title amendment, after "2.08.063;" insert "amending 1996 c 208 s 2 (uncodified);"

On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6492 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. 6492.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6492 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47. Excused: Senators Snyder and Zarelli - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 6492, 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.

SECOND READING

SENATE BILL NO. 6191, by Senators Johnson, Roach and Fairley

Changing statutes affecting deeds of trust.

MOTIONS

On motion of Senator Johnson, Substitute Senate Bill No. 6191 was substituted for Senate Bill No. 6191 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Johnson, the following amendments were adopted:

On page 1, line 19, strike "61.24.010(3)" and insert "61.24.010(2)"

On page 16, line 16, strike "61.24.030(6)" and insert "61.24.030(7)"

MOTION

On motion of Senator Johnson, the rules were suspended, Engrossed Substitute Senate Bill No. 6191 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Franklin, Senators Loveland, McAuliffe and Spanel were excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6191.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6191 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 44. Excused: Senators Loveland, McAuliffe, Snyder, Spanel and Zarelli - 5. ENGROSSED SUBSTITUTE SENATE BILL NO. 6191, 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.

MOTION

On motion of Senator Hale, Senators McDonald and West were excused.

SECOND READING

SENATE BILL NO. 6114, by Senators Jacobsen, Oke, Spanel, Kline, Snyder and Haugen

Preventing the spread of zebra mussel and European green crab.

MOTIONS

On motion of Senator Oke, Substitute Senate Bill No. 6114 was substituted for Senate Bill No. 6114 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6114 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 Substitute Senate Bill No. 6114.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6114 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 43. Excused: Senators Loveland, McDonald, Snyder, Spanel, West and Zarelli - 6. SUBSTITUTE SENATE BILL NO. 6114, 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.

SECOND READING

SENATE BILL NO. 6489, by Senators McCaslin, Long, Hargrove, Fairley, Goings, Hale, Kline, Thibaudeau, Prince, Patterson, Winsley, Kohl, Oke and Haugen

Specifying that there will be no primary for a district court position when there are no more than two candidates filed for the position.

MOTIONS

On motion of Senator McCaslin, Substitute Senate Bill No. 6489 was substituted for Senate Bill No. 6489 and the substitute bill was placed on second reading and read the second time.

On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 6489 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 Substitute Senate Bill No. 6489.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6489 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 43. Excused: Senators Loveland, McDonald, Snyder, Spanel, West and Zarelli - 6. SUBSTITUTE SENATE BILL NO. 6489, 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.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5305 and the pending Committee on Health and Long-Term Care amendment on page 30, after line 27, deferred earlier today.

The President declared the question before the Senate to be the adoption of the Committee on Health and Long-Term Care amendment on page 30, after line 27, to Substitute Senate Bill No. 5305.

The motion by Senator Deccio carried and the committee amendment was adopted.

MOTION

Senator Benton moved that the following amendment by Senators Benton, Hargrove, Fairley and Deccio be adopted:

On page 12, after line 32, strike all of section 4 and insert the following:

"Sec. 4. RCW 9.94A.120 and 1997 c 340 s 2, 1997 c 338 s 4, 1997 c 144 s 2, 1997 c 121 s 2, and 1997 c 69 s 1 are each reenacted and amended to read as follows:

When a person is convicted of a felony, the court shall impose punishment as provided in this section.

(1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

(4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

(5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

(a) Devote time to a specific employment or occupation;

(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(e) Report as directed to the court and a community corrections officer; or

(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

(6)(a) An offender is eligible for the special drug offender sentencing alternative if:

(i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

(ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

(iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

(b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

(i) Devote time to a specific employment or training;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

(iii) Report as directed to a community corrections officer;

(iv) Pay all court-ordered legal financial obligations;

(v) Perform community service work;

(vi) Stay out of areas designated by the sentencing judge.

(c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

(d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

(7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

(A) Frequency and type of contact between offender and therapist;

(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

(D) Anticipated length of treatment; and

(E) Recommended crime-related prohibitions.

The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

(A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section;

(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

(I) Devote time to a specific employment or occupation;

(II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(III) Report as directed to the court and a community corrections officer;

(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and

(C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned early release time while serving a suspended sentence.

(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

(v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

(vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

(vii) Except as provided in (a)(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

(viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

(ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

(x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

(b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

(c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

(9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

(iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

(iv) The offender shall pay supervision fees as determined by the department of corrections;

(v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

(vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

(c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

(i) The offender shall remain within, or outside of, a specified geographical boundary;

(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

(iii) The offender shall participate in crime-related treatment or counseling services;

(iv) The offender shall not consume alcohol;

(v) The offender shall comply with any crime-related prohibitions; or

(vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

(d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

(10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).

(b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.

(c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

(11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

(12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

(13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

(a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

(b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

(15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

(16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

(17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

(18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

(19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

(20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

(21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.

(22)(a) If the offense is not one for which the conviction results in the offender's being a persistent offender, the court shall, at the time of sentencing, impose as a condition of release such treatment, including the use of medroxyprogesterone acetate together with any other mental health or chemical dependency treatment, as the court finds appropriate to reduce the likelihood of the offender's commission of a subsequent sex offense upon release, for any of the following offenses:

(i) Rape in the first degree;

(ii) Rape in the second degree;

(iii) Rape of a child in the first degree; and

(iv) Child molestation in the first degree, if it is the person's second conviction for child molestation in the first degree.

(b)(i) At least thirty days before the department sets a release date for an offender who has had a treatment regimen imposed as a condition of release under (a) of this subsection, the offender must be brought back before the court for a hearing, including an examination by medical experts, for the purpose of determining whether to impose the regimen. At the hearing, the offender has the right to all due process rights including counsel, cross-examination, testimony, experts, and the provision of counsel if the offender is indigent, but not the presence of a jury.

(ii) At the hearing under (b)(i) of this subsection, the court shall determine, by a preponderance of the evidence, whether a proposed treatment regimen, including treatment with medroxyprogesterone acetate, makes it likely that the regimen will reduce the chance that the offender will commit a sex offense upon release. In making its determination, the court shall consider:

(A) Whether the offender has a mental abnormality as defined in RCW 71.09.020;

(B) Whether the offender is likely to engage in predatory acts, as defined in RCW 71.09.020, if the regimen is not required; and

(C) Whether the regimen is likely to decrease the offender's likelihood to engage in predatory acts, as defined in RCW 71.09.020.

(c) If the court decides that the offender and the treatment regimen meet the criteria in (b) of this subsection, the court shall impose the requirement of the treatment regimen as a condition of release and the treatment must begin before the release of the offender. The court may set the treatment regimen period for as long as the court finds it necessary. If the court decides that the criteria are not met, then the court shall suspend the imposition of the treatment regimen, but may reimpose it if, following a hearing, the court finds the offender meets the criteria in (b)(ii) of this subsection. The offender, to the extent private resources are available, shall bear the cost of the treatment regimen.

(d) Imposition and successful use of the treatment regimen shall in no way otherwise reduce the time in confinement an offender would otherwise serve.

(e) The court may require the offender to return at any time in order for the court to monitor the progress and effect of the treatment regimen.

(f) An offender may appeal any determination made under this subsection, but a determination under this subsection is of record and the offender shall continue any treatment regimen imposed under this subsection pending a decision on the appeal.

(g) An offender may at any time seek early termination of a treatment regimen imposed under this subsection, but an early termination may not be granted unless, by clear and convincing evidence, the offender proves that the offender no longer has a mental abnormality, as defined in RCW 71.09.020, and that a continued treatment regimen is not necessary to prevent the offender's commission of a predatory act, as defined in RCW 71.09.020.

(h) The offender may at any time agree to surgical alternatives to medroxyprogesterone acetate treatment if the offender voluntarily, knowingly, and intelligently petitions the court in writing.

(i) An offender who unlawfully stops treatment imposed under this subsection is guilty of a class B felony.

Sec. 5. 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)), a narcotic from Schedule I or II, or flunitrazepam from Schedule IV 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 except for flunitrazepam 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) or flunitrazepam from Schedule IV (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)

Unlawful termination of sex offender reoffense reduction treatment (RCW 9.94A.120(22))

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, or flunitrazepam) (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 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 or flunitrazepam from Schedule IV (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 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 or flunitrazepam) (RCW 69.50.401(d))"Renumber the remaining sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Hargrove, Fairley and Deccio on page 12, after line 32, to Substitute Senate Bill No. 5305.

The motion by Senator Benton carried and the amendment was adopted.

MOTIONS

On motion of Senator Deccio, the following title amendments were considered simultaneously and were adopted:

On page 1, line 2 of the title, after "69.50.406," strike "and" and after "13.40.0357" insert ", 9A.44.050, and 9A.44.100"

On page 1, line 3 of the title, after "9.94A.320;" insert "adding a new section to chapter 9A.44 RCW;"

On page 29, line 22 of the title amendment, after "9.94A.030," insert "9.94A.120,"

On motion of Senator Deccio, the rules were suspended, Engrossed Substitute Senate Bill No. 5305 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Franklin, Senator Prentice was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5305.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5305 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 42. Excused: Senators Loveland, McDonald, Prentice, Snyder, Spanel, West and Zarelli - 7. ENGROSSED SUBSTITUTE SENATE BILL NO. 5305, 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.

SECOND READING

SENATE BILL NO. 6429, by Senators Long, Kline, Wojahn, Fairley, Winsley and Kohl (by request of Washington Council for Prevention of Child Abuse and Neglect)

Allowing the children's trust fund to retain its proportionate share of earnings.

The bill was read the second time.

MOTION

On motion of Senator Long, the rules were suspended, Senate Bill No. 6429 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6429.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6429 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 42. Excused: Senators Loveland, McDonald, Prentice, Snyder, Spanel, West and Zarelli - 7. SENATE BILL NO. 6429, 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.

SECOND READING

SENATE BILL NO. 6159, by Senators Morton and Rasmussen

Repealing the authority for the Washington land bank.

The bill was read the second time.

MOTION

On motion of Senator Morton, the rules were suspended, Senate Bill No. 6159 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6159.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6159 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 42. Excused: Senators Loveland, McDonald, Prentice, Snyder, Spanel, West and Zarelli - 7. SENATE BILL NO. 6159, 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.

SECOND READING

SENATE BILL NO. 6157, by Senator Swecker

Limiting to one hundred eighty days the length of imprisonment for contempt of court.

The bill was read the second time.

MOTION

On motion of Senator Roach, the rules were suspended, Senate Bill No. 6157 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6157.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6157 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 42. Excused: Senators Loveland, McDonald, Prentice, Snyder, Spanel, West and Zarelli - 7. SENATE BILL NO. 6157, 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.

SECOND READING

SENATE BILL NO. 6175, by Senators McCaslin, Strannigan, Haugen, Sellar, Brown and Loveland (by request of State Treasurer Murphy)

Authorizing financing contracts.

MOTIONS

On motion of Senator McCaslin, Substitute Senate Bill No. 6175 was substituted for Senate Bill No. 6175 and the substitute bill was placed on second reading and read the second time.

On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 6175 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 Substitute Senate Bill No. 6175.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6175 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 42. Excused: Senators Loveland, McDonald, Prentice, Snyder, Spanel, West and Zarelli - 7. SUBSTITUTE SENATE BILL NO. 6175, 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.

SECOND READING

SENATE BILL NO. 6229, by Senators Haugen, Morton, Goings, Winsley, Prince, Rasmussen, Prentice and Wood

Enhancing compliance with aircraft registration laws.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6229 was substituted for Senate Bill No. 6229 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6229 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 Substitute Senate Bill No. 6229.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6229 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 5; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Swecker, Thibaudeau, Winsley, Wojahn and Wood - 37. Voting nay: Senators Finkbeiner, Hochstatter, Roach, Stevens and Strannigan - 5. Excused: Senators Loveland, McDonald, Prentice, Snyder, Spanel, West and Zarelli - 7. SUBSTITUTE SENATE BILL NO. 6229, 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.

SECOND READING

SENATE BILL NO. 6298, by Senators B. Sheldon, Winsley, Rasmussen, Anderson, Snyder and Oke

Assisting the unemployed to become self-employed.

MOTIONS

On motion of Senator Schow, Substitute Senate Bill No. 6298 was substituted for Senate Bill No. 6298 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6298 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 Substitute Senate Bill No. 6298.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6298 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 41. Absent: Senator Hargrove - 1. Excused: Senators Loveland, McDonald, Prentice, Snyder, Spanel, West and Zarelli - 7. SUBSTITUTE SENATE BILL NO. 6298, 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.

SECOND READING

SENATE BILL NO. 6541, by Senators Sellar, Snyder, Schow, Hale, Haugen and Kohl (by request of Department of Community, Trade, and Economic Development)

Funding tourism development.

The bill was read the second time.

MOTION

Senator Fraser moved that the following amendment by Senators Fraser and Heavey be adopted:

Beginning on page 2, line 12, strike everything through "2008." on page 3, line 26

Renumber the remaining sections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Heavey beginning on page 2, line 12, to Senate Bill No. 6541.

The motion by Senator Fraser failed and the amendment was not adopted.

MOTION

On motion of Senator Schow, the rules were suspended, Senate Bill No. 6541 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 Senate Bill No. 6541.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6541 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 43. Excused: Senators Loveland, Prentice, Snyder, Spanel, West and Zarelli - 6. SENATE BILL NO. 6541, 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.

There being no objection, the President advanced the Senate to the seventh order of business.

THIRD READING

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8010, by Senate Committee on Transportation (originally sponsored by Senators Strannigan and Oke)

Encouraging the federal government to enact laws requiring airbag deactivation switches be installed in new vehicles.

MOTIONS

On motion of Senator Strannigan, the rules were suspended and Substitute Senate Joint Memorial No. 8010 was returned to second reading and read the second time.

On motion of Senator Strannigan, the following amendment was adopted:

Beginning on page 1, line 9, strike the remainder of the memorial and insert the following:

"WHEREAS, The Secretary of Transportation has prescribed motor vehicle safety standards under the authority of the National Traffic and Motor Vehicle Safety Act of 1966; and

WHEREAS, The current standards require that vehicles be equipped with an automatic occupant crash protection system consisting of lap and shoulder seat belts and an inflatable restraint device otherwise known as an "airbag" in the two front seating positions; and

WHEREAS, Despite recent actions to authorize installation of redesigned airbag devices in new vehicles, many serious and dangerous safety problems remain unaddressed; and

WHEREAS, Millions of vehicles on our roads, and some in our driveways, have older model airbags; and

WHEREAS, The newly announced process for installation of airbag deactivation switches is overly limiting, cumbersome, and requires the permission of federal authorities; and

WHEREAS, Airbags do save lives, but due to these unaddressed problems, airbags continue to be responsible for the shocking and gruesome deaths of any children and adults; and

WHEREAS, This situation has effectively rendered the front passenger side seating area in many vehicles useless in a large number of cases; and

WHEREAS, It is possible to improve upon this situation; and

WHEREAS, Federal law expressly preempts states from altering present standards or enacting other safety standards in this field;

NOW, THEREFORE, Your Memorialists respectfully pray that the United States Congress and the United States Department of Transportation adopt new laws, regulations, and standards to protect the safety of occupants of passenger vehicles by encouraging the installation of airbag systems where the driver, free from government supervision, has the ability to deactivate the driver's side and passenger side airbag in any type of vehicle.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the Secretary of the United States Department of Transportation, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

MOTION

On motion of Senator Strannigan, the rules were suspended, Engrossed Substitute Senate Joint Memorial No. 8010 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Joint Memorial No. 8010.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Joint Memorial No. 8010 and the joint memorial passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley and Wood - 40. Voting nay: Senators Fairley, Haugen, Rasmussen and Wojahn - 4. Excused: Senators Loveland, Prentice, Snyder, Spanel and Zarelli - 5. ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8010, having received the constitutional majority, was declared passed.

There being no objection, the President returned the Senate to the sixth order of business.

SECOND READING

SENATE BILL NO. 6118, by Senators Long and Spanel

Clarifying “gifts” for purposes of ethics in public service.

The bill was read the second time.

MOTION

On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 6118 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 Senate Bill No. 6118.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6118 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45. Excused: Senators Prentice, Snyder, Spanel and Zarelli - 4. SENATE BILL NO. 6118, 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.

SECOND READING

SENATE BILL NO. 6129, by Senators Swecker, Fraser and Winsley (by request of Department of Ecology)

Allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control.

MOTIONS

On motion of Senator Morton, Substitute Senate Bill No. 6129 was substituted for Senate Bill No. 6129 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 6129 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6129.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6129 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45. Absent: Senator Kline - 1. Excused: Senators Prentice, Snyder and Zarelli - 3. SUBSTITUTE SENATE BILL NO. 6129, 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.

SECOND READING

SENATE BILL NO. 6131, by Senators Oke, Snyder and Swecker (by request of Department of Health)

Regulating sanitary control of shellfish.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, Senate Bill No. 6131 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6131.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6131 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 43. Absent: Senators Johnson, Kline and Newhouse - 3. Excused: Senators Prentice, Snyder and Zarelli - 3. SENATE BILL NO. 6131, 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.

MOTION

On motion of Senator Hale, Senators Johnson and Newhouse were excused.

SECOND READING

SENATE BILL NO. 6134, by Senators Oke, Rasmussen, Benton and Fraser

Freeing the base for transfers of marine and nonhighway fuel taxes.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, Senate Bill No. 6134 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6134.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6134 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 44. Excused: Senators Johnson, Newhouse, Prentice, Snyder and Zarelli - 5. SENATE BILL NO. 6134, 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.

SECOND READING

SENATE BILL NO. 6136, by Senators Oke and Long

Including drug offenses in background checks.

MOTIONS

On motion of Senator Long, Substitute Senate Bill No. 6136 was substituted for Senate Bill No. 6136 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6136 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6136.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6136 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46. Excused: Senators Prentice, Snyder and Zarelli - 3. SUBSTITUTE SENATE BILL NO. 6136, 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.

SECOND READING

SENATE BILL NO. 6143, by Senators Schow, McAuliffe, Horn and Fraser (by request of Department of Labor and Industries)

Revising the regulation of elevators, escalators, and other conveyances.

MOTIONS

On motion of Senator Schow, Substitute Senate Bill No. 6143 was substituted for Senate Bill No. 6143 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6143 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 Substitute Senate Bill No. 6143.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6143 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45. Absent: Senator Finkbeiner - 1. Excused: Senators Prentice, Snyder and Zarelli - 3. SUBSTITUTE SENATE BILL NO. 6143, 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.

SECOND READING

SENATE BILL NO. 6144, by Senators Schow, Heavey and Horn (by request of Department of Labor and Industries)

Recovering industrial insurance benefit payments.

The bill was read the second time.

MOTION

On motion of Senator Schow, the rules were suspended, Senate Bill No. 6144 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6144.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6144 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 45. Absent: Senator Thibaudeau - 1. Excused: Senators Prentice, Snyder and Zarelli - 3. SENATE BILL NO. 6144, 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.

MOTION

On motion of Senator Hale, Senator Schow was excused.

SECOND READING

SENATE BILL NO. 6145, by Senators Roach, Kline and Strannigan (by request of Department of Labor and Industries)

Revising provisions for crime victims' compensation.

The bill was read the second time.

MOTION

On motion of Senator Roach, the rules were suspended, Senate Bill No. 6145 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 Senate Bill No. 6145.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6145 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44. Absent: Senator Thibaudeau - 1. Excused: Senators Prentice, Schow, Snyder and Zarelli - 4. SENATE BILL NO. 6145, 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.

MOTION

On motion of Senator Franklin, Senator Thibaudeau was excused.

SECOND READING

SENATE BILL NO. 6153, by Senators Fairley, Thibaudeau, Kohl and Winsley

Revising procedures for bringing actions for the injury or death of a child.

MOTIONS

On motion of Senator Roach, Substitute Senate Bill No. 6153 was substituted for Senate Bill No. 6153 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 6153 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 Substitute Senate Bill No. 6153.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6153 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44. Excused: Senators Prentice, Schow, Snyder, Thibaudeau and Zarelli - 5. SUBSTITUTE SENATE BILL NO. 6153, 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.

SECOND READING

SENATE BILL NO. 6155, by Senators Roach and Fairley

Revising supervision of municipal court probation services.

The bill was read the second time.

MOTION

On motion of Senator Roach, the rules were suspended, Senate Bill No. 6155 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 Senate Bill No. 6155.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6155 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 43. Absent: Senator Hargrove - 1. Excused: Senators Prentice, Schow, Snyder, Thibaudeau and Zarelli - 5. SENATE BILL NO. 6155, 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.

MOTION

At 4:49 p.m., on motion of Senator Johnson, the Senate adjourned until 8:30 a.m., Thursday, February 12, 1998.

BRAD OWEN, President of the Senate

MIKE O'CONNELL, Secretary of the Senate